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Lemon Law Claims in California

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I got a lemon! Now what?

How to Make a Lemon Law Claim in California:

Lemon Laws in California provide consumer protection for individuals who purchase or lease new or used vehicles with significant defects that impair their use, value, or safety. The law applies to cars, trucks, SUVs, motorcycles, and other motor vehicles used for personal or small business purposes.

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How to build a Lemon Auto Claim: Consult with an expert attorney as soon as you suspect a lemon!

 

It’s important to note that these examples are not exhaustive, and other issues not listed here may also be covered by the California Lemon Law. Remember that the specific circumstances and the number of repair attempts required to qualify as a lemon can vary, so it’s crucial to consult the actual law or seek legal advice for a comprehensive understanding of the criteria.

Here are some key points to consider regarding the timeframe for filing a lemon law claim in California:

 

During the Manufacturer’s Original Warranty: Lemon law claims are typically initiated while the vehicle is still covered by the manufacturer’s original warranty. This period usually lasts for the first few years of ownership or a specific mileage limit (e.g., 3 years/36,000 miles).

 

Statute of Limitations: While the exact statute of limitations can vary, the California Lemon Law typically allows you to file a claim within four years from the date of the vehicle’s original delivery to the consumer. This means that even if the defect becomes apparent later, you may still have time to initiate a claim within the statute of limitations.

 

Manufacturer’s obligation: If a vehicle qualifies as a lemon, the manufacturer has an obligation to either replace the vehicle or refund the purchase/lease price to the consumer.

• During the Manufacturer's Original Warranty: Lemon law claims are typically initiated while the vehicle is still covered by the manufacturer's original warranty. This period usually lasts for the first few years of ownership or a specific mileage limit (e.g., 3 years/36,000 miles).

Refunds: If the manufacturer provides a refund, it should include the full purchase or lease price, minus a mileage deduction for the use of the vehicle before the defect occurred. The deduction is based on the number of miles driven before the first repair attempt for the defect.

 

Arbitration: Manufacturers may offer arbitration as an alternative dispute resolution process. If the consumer agrees to arbitration and the decision favors the consumer, the manufacturer must comply with the decision. However, consumers are not required to participate in arbitration before filing a lawsuit under the Lemon Law.

 

Used vehicles: Lemon Laws in California also cover used vehicles that are still under the manufacturer’s original warranty.

Lemon Law 101: When should you hire an attorney, if you feel your auto is a lemon?

It’s important to note that Lemon Laws can be complex, and the specific requirements and procedures may vary. If you believe you have a lemon vehicle, it’s recommended to consult with an attorney who specializes in Lemon Law cases to understand your rights and options.

Common problems with vehicles covered by the California Lemon Law:

Vehicles covered by the California Lemon Law may experience a wide range of issues that can qualify them as “lemons.” These issues can vary in severity and may affect different aspects of the vehicle’s performance, safety, or value.

Top 6 common examples of a lemon car:

  1. Persistent mechanical problems: This includes recurring issues with the engine, transmission, brakes, suspension, electrical systems, or other major components of the vehicle. If these problems significantly impair the vehicle’s function or safety, they may qualify under the Lemon Law.
  2. Safety-related defects: Defects that pose a serious risk to the occupants or others on the road, such as faulty airbags, defective seat belts, or braking system malfunctions, can make a vehicle eligible under the Lemon Law with fewer repair attempts.
  3. Faulty electronics or computer systems: Malfunctions in the vehicle’s electronic systems, including the infotainment system, navigation, or advanced driver assistance systems (ADAS), can qualify as issues covered by the Lemon Law if they persist despite repair attempts.
  4. Chronic issues with fuel efficiency: If a vehicle consistently fails to meet its advertised fuel efficiency or suffers from recurring fuel system problems that significantly affect its mileage, it may be considered a lemon.
  5. Structural defects: Problems with the vehicle’s frame, body, or other structural components that impair its integrity, safety, or resale value may qualify under the Lemon Law.
  6. Excessive noise or vibration: If the vehicle produces unusual or excessive noise or vibrations that persist after multiple repair attempts, it could be considered a defect that warrants Lemon Law protection.

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