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Your California Lemon Law Rights
Discovering your new car is a “lemon” can be a difficult reality. After dealing with breakdowns, mechanical problems, and safety concerns, you may be searching for what to do next. That’s where the Sweet Lawyers can help.
At Sweet Lawyers, we understand that an automobile can be a major expense for many working families. The last thing anyone needs is to deal with financial setbacks from a defective vehicle. Fortunately, the California Lemon Law statutes are among the most effective in the country in protecting consumers against car manufacturers.
Unlike other states, the California Lemon Law qualifications are less stringent and are designed to protect consumers. Consumers can pursue lemon law claims as long as the vehicle was subject to a reasonable number of warranty repairs.
Under the California Lemon Law, the manufacturer is entitled to keep a small amount for the value of using the vehicle up until the car problems arose. However, the consumer will be entitled to a refund of the down payment, monthly payments, finance charges, taxes, registration, licensing, and to have the vehicle loan paid off in full. Consumers can also be reimbursed compensation of the incidental car such as rental car expenses, repair costs, and towing expenses. The California Lemon Law also apply to leased vehicles.
The California Lemon Laws also require the manufacturer to pay the consumer’s attorney fees, so you pay nothing.
Filing a Lemon Law Claim
At Sweet Lawyers, our lemon law attorneys are committed to helping consumers obtain proper compensation when they are sold a lemon. We understand how important it is to you and your family to have a properly working, safe vehicle. When you purchase one that is defective, you should not have to be responsible for repairs. Fortunately, there are legal options that allow you to hold the manufacturer liable for selling you a lemon. The lemon law attorneys at Sweet Lawyers are dedicated to helping protect your rights under the California Lemon Law. Our knowledgeable team can provide you with the support and representation you need to take action.
If you believe you purchased a lemon vehicle, the attorneys at Sweet Lawyers can help. To receive a free case evaluation and to speak to a qualified Lemon Law Attorney, please call us at (800) 369-4424 or submit your information on the form above. We work tirelessly for our clients and are passionate about helping consumers fight for their rights. Contact us today to see if you have a lemon law case!
Find Out If You Qualify
If you believe your new car is a lemon, then our California Lemon Law attorneys are available to help. In order to qualify, your vehicle must have issues; and repeated repairs to your vehicle have not resolved the issues. If it is determined that your vehicle qualifies, you could be entitled to a cash settlement, new car refund, or a lemon law car replacement. However, even if your vehicle does not meet the California Lemon Law qualification criteria, you may still be entitled to compensation under federal law.
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Frequently Asked Lemon Law Questions
California’s Lemon Law protects consumers who have purchased defective or malfunctioning vehicles in California. According to the lemon law, if the manufacturer cannot repair the defective vehicle after a reasonable number of attempts, it must either replace it or refund the consumer’s money.
Under California lemon law, if your vehicle can't be fixed after a reasonable number of repair attempts by the manufacturer or its authorized dealer, you have the right to a replacement vehicle of equal value or a total refund.
Often lemon law cases can be quite complicated. The easiest way to find out if you qualify is to consult with our knowledgeable lemon law attorneys at Sweet Lawyers. We can provide you with the best advice on how to pursue a lemon law claim.
In California, a vehicle is presumed to be a “lemon" if, within 18 months of the vehicle's delivery to the buyer (or 18,000 miles on the odometer), the following apply:
Two attempts or more have been made by the manufacturer to repair a warranty problem that could result in death or serious injury.
- The manufacturer has attempted to repair the same warranty problem at least 4 times.
- The car has been out of service for 30 days or more for repair of warranty problems.
- Problems to the vehicle are not the result of abuse or neglect by the owner.
- Your vehicle is covered by the original manufacturer’s warranty and the vehicle was purchased or leased for personal, family, or small business purposes.
If your vehicle qualifies as a lemon, you are entitled to recover your down payment, registration fees, taxes, transportation costs, plus your total monthly lease or loan payments as well as attorneys’ fees and costs. Your recovery will be offset by a usage fee, which is a charge for the use of the vehicle prior to the time the vehicle was first brought in for the problem.
Yes, if the used vehicle was purchased with an unused portion of the manufacturer’s original, new car warranty remaining at the time of purchase. However, coverage is not identical to the coverage for new motor vehicles. For complete advice concerning your legal rights with your used vehicle, contact us immediately.
Yes. California’s Lemon Law specifically includes leased vehicles within its coverage.
California’s Lemon Laws provide compensation to California consumers of defective automobiles, trucks, vans, and other vehicles including motorcycles, RV’s, and boats.
Business vehicles are covered under the California Lemon Law if the vehicle has a gross vehicle weight under 10,000 pounds that is purchased primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity to which not more than 5 motor vehicles are registered in California.
California’s Lemon Law applies to new and used vehicles that are covered by the manufacturer’s warranty. Extended service contracts do not qualify as a warranty under California’s Lemon Law.
California’s Lemon Law presumption is a guideline wherein it is presumed that a vehicle is a lemon if certain criteria are met. If the criteria is met, the lemon law presumes that the buyer or leaser is entitled to a replacement vehicle or a refund of the purchase price. You do not need to meet the lemon law presumption to have a lemon law case. You can contact Sweet Lawyers to get a better idea of whether your case meets the lemon law presumption.
You do not need to meet the lemon law presumption in order to have a lemon law claim. There are many lemon law situations that do not fall under the lemon law presumption, but may still entitle you to lemon law protection. As long as your vehicle’s defective condition has substantially affected the safety, value and/or use of your vehicle, the defect occurred within the new car warranty period, and the vehicle cannot be repaired after a reasonable number of repair attempts, your vehicle is entitled to lemon law protection.
California’s Lemon Law does not limit the time frame within which you need to file a case. However, the sooner you file your case, the better chance you may have to successfully advocate your case.
The defect must be substantial enough to impair the use, safety, or value of the vehicle. Therefore a car with a minor defect that is under warranty would not be considered a lemon under the California Lemon Law.
That depends on the individual case. After we send the manufacturer a formal legal demand, they are required to respond within 30 days. Once you receive a satisfactory offer, it will take approximately an additional 15 to 60 days to return the vehicle and receive compensation from the manufacturer. Rest assured that Sweet Lawyers makes every effort to get you your compensation as quickly as possible.
In the event that you do not recover a satisfactory settlement, you will pay absolutely nothing. At Sweet Lawyers, we do not charge you any out of pocket costs. According to California’s Lemon Law, the manufacturer is responsible for paying all of the attorneys’ fees and costs.
Yes. We have offices and representation throughout California. We will even come to you.
Call (800) 369-4424 for a free, no obligation consultation. Or submit your information online through our Free Case Review Form. One of the experienced attorneys at Sweet Lawyers will be happy to review the details of your case and discuss your options with you.
Start Your Lemon Law Claim Today
It doesn't matter if your vehicle is brand new, certified pre-owned, or used. Our skilled lemon law lawyers will identify if you have a lemon law case. In addition, we will handle all of the details from the initial consultation to the final settlement at NO COST TO YOU. Don't deal with a faulty vehicle another minute, complete the form below or contact Sweet Lawyers to start your claim today.
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Recent Case Results
$10.5 MILLION TRUCK ACCIDENT, TRUCK v. AUTO CRASH, DEATH CLAIM
$6 MILLION+ PEDESTRIAN ACCIDENT, AUTO v. PEDESTRIAN, BRAIN INJURY
$3 Million Wrongful Death, Auto V. Pedestrian Case
$750,000 Slip Trip & Fall, Premises Low Back and Leg Injury
$1.1 Million Auto Accident, Auto V. Bicycle Case, Shoulder Injury
$5 Million SLIP TRIP & FALL, PREMISES INJURY ON DEFECTIVE STAIRS