Under California’s Lemon Law, individuals who purchase and lease vehicles with an original manufacturer’s warranty can demand repurchase, replacement, and other remedies if their vehicle turns out to be a lemon. The following frequently asked questions (FAQs) provide key information for individuals considering a Lemon Law claim:
In order to be eligible to file a Lemon Law claim, your vehicle must still be under the original manufacturer’s warranty when the problem (or “defect”) occurs. In some instances repairs made to your vehicle out of warranty count towards your lemon law claim as well. California’s Lemon Law applies to purchased and leased vehicles for both personal and business use, and apply to used vehicles, as long as the repairs were made under the original warranty.
There are no hard-and-fast rules for determining how many times you need to take your vehicle to a dealership for repair. The number of repair attempts you must give the dealership can vary depending on the defect and the circumstances involved. There is no set number of formula.
Learn more: Do You Have a Lemon?
It depends. If your claim is successful (whether through settlement, mediation, or litigation), the two primary remedies available are repurchase and replacement. Which option (or options) you have will depend on a number of factors, including how you approach your claim and what the manufacturer is willing to offer. While some manufacturers will offer replacement vehicles, you may or may not want to try another one of the manufacturer’s cars, trucks, or SUVs.
If your vehicle is a lemon and you opt for a repurchase, you will be entitled to a refund of your down payment and any monthly finance payments made to date. You will also be entitled to have your vehicle loan paid off in full. If you incurred any incidental damages, such as rental car expenses, repair costs, and towing expenses, you will be entitled to reimbursement of these as well.
California’s Lemon Law includes a provision that makes manufacturers responsible for claimants’ legal expenses, and any damage or mileage deductions (in the case of a repurchase) would come in the form of a reduction in the amount of your repurchase award.
While you are not legally required to hire an attorney for your Lemon Law claim, there are a number of benefits to doing so. California’s Lemon Law and the claims process are complicated, and the major of manufacturers have teams of experts and defense lawyers who deal with Lemon Law claims on a daily basis. Hiring an attorney will give you the best chance to succeed with your claim. Also, due to the attorneys’ fees provision in the Lemon Law, hiring an attorney for your California Lemon Law claim is at the expense of the manufacturer, not you.
Continue reading to learn how to exercise your rights under California’s Lemon Law:
To find out if you have a claim, contact Neale & Fhima and request a free consultation with one of our experienced California Lemon Law attorneys. Call (888) 407-2955 or tell us about your lemon online now.