Reviewed by Attorney: Charles Panzarella
Purchasing a defective vehicle can be an incredibly frustrating and financially draining experience. Fortunately, lemon laws exist to protect consumers in these situations. This guide will provide an overview of your rights under California’s lemon law and song-Beverly Consumer Warranty Act. We’ll also share tips on working with a qualified lemon law attorney to help recoup losses from your “lemon” car.
What Makes A Car a Lemon?
Under California lemon laws, a vehicle may qualify as a “lemon” if it meets the following criteria:
- It is still under the manufacturer’s original warranty
- It has defects that substantially impair functionality or value
- The manufacturer has been unable to permanently fix the defects after a reasonable number of repair attempts
Examples of common lemon car defects
- Engine or transmission problems – Engine issues like oil leaks, overheating, compression loss, and misfiring can make a car undrivable. Transmission issues with gears slipping, fluid leaks, computer faults, or torque converter failure also typically qualify as lemons.
- Electrical system issues – Electrical gremlins can be hugely problematic and stem from wiring faults, alternator or starter failures, short circuits, and computer/infotainment glitches. Common electrical lemon issues involve power windows, locks, seats, and gauges malfunctioning.
- Emissions or exhaust issues – Smog test failures along with exhaust leaks, catalytic converter issues, and oxygen sensor problems that can’t be repaired may potentially qualify under lemon laws. Persistent emissions-related check engine lights also fall into this category.
- Air conditioning or heating malfunctions – A/C systems that constantly break down and fail to cool properly despite repair attempts are covered. Similarly, a heating system that suddenly can’t keep the car warm could constitute a lemon. Lack of temperature regulation affects comfort and the car’s ability to defrost windows.
What Remedies Are You Entitled To?
The Song-Beverly Consumer Warranty Act provides the following possible remedies:
- ➡️ A replacement vehicle or full purchase price refund – This refund includes the car’s purchase price, sales tax, license fees, registration costs, and any monthly finance charges. Essentially the goal is to put the consumer back into the same financial position prior to the defective vehicle purchase.
- ➡️ Reimbursement for incidental expenses – Things like towing fees, rental car costs, or accommodation payments while stranded due to lemon issues may also be recouped under a successful claim. Maintain any receipts.
- ➡️ Reasonable attorney fees and legal costs – The legislation allows for full reimbursement of necessary attorney fees so that the buyer doesn’t end up out of pocket after being forced to sue for restitution. Contingency fee representation is also common in lemon law cases.
The manufacturer sometimes provides a manufacturer’s warranty arbitration procedure, allowing disputes to be settled out of court.
However, legal assistance greatly improves your chances of getting the best outcome. Settlement amounts in mediation or arbitration are often less generous than litigation judgments.
Lemon Laws In Action – A Case Study
Rachel was eager to purchase a used car she found listed online for $21,000. After confirming with the dealer that the car was still available, she visited the dealership later that day, test-drove the car, and was approved for financing.
However, the dealer then claimed they had made a mistake about the listed price. They stated the actual price was $25,000 and pressured Rachel into signing the contract at the higher amount.
Unfortunately, the issues did not end there. The dealer also provided Rachel with a Carfax report that falsely claimed the car had no accident history. Months later, when Rachel tried trading in the car at a different dealer, she learned it had actually been in an accident prior to her purchase.
The trade-in dealer stated her car was worth much less than what she had paid due to this undisclosed accident history.
Rachel did some research and learned about our law firm which helps with these types of issues. She reached out and we sent the original dealer and finance company a formal demand letter seeking a full refund and cancellation of the contract. This letter detailed the ways she felt misled and financially harmed by their actions.
Fortunately, after receiving Rachel’s letter, the dealer and finance company agreed to cancel the contract and return all payments she had made towards the fraudulent sale.
This allowed Rachel to free herself from a manipulative deal and start fresh by finding a different used car. Her situation shows that pushing back against dealer deception through official demands can be effective at correcting injustices.
How To Choose The Right Lemon Law Attorney
Choosing an experienced California lemon law attorney is critical. Here’s what to look for:
- ✅ Specialization in lemon laws – deep understanding of the nuances
- ✅ Track record of favorable case results
- ✅ Strong reputation based on genuine client reviews
- ✅ Clear communication style
- ✅ Competitive and transparent fee structure – some offer free consultations
A quality lemon law lawyer will carefully evaluate your case’s merits based on the evidence and advise you on the best path toward maximum compensation.
Getting The Most Out Of Your Lawyer
Here are tips for getting the most value from your lemon law attorney:
- 🔑 Maintain detailed repair and complaint records
- 🔑 Follow your lawyer’s advice – they know how to build the strongest case
- 🔑 Ask plenty of questions to understand each step in the process
- 🔑 Provide requested info promptly
With an experienced attorney fighting for your consumer rights, you can have confidence that everything possible is being done to turn your lemon car into lemonade!
To learn if you have a viable lemon law claim, contact our office today to schedule a free case review. Our legal team is always ready to discuss the details and answer any questions you have. Give us a call at 818-254-8413 or request a callback using our online contact form. We can help determine if you qualify for compensation – don’t delay seeking the justice you deserve!