California's Lemon Law, also known as the Song-Beverly Consumer Warranty Act, safeguards consumers from defective vehicles. It ensures that car buyers are protected and that their vehicles are reliable enough to get them where they need to go. However, not all car buyers automatically qualify for protection under this law. There are specific criteria that must be met in order for the lemon law to apply.
What Protection Does California Lemon Law Provide for Car Buyers?
The California Lemon Law offers important protection for buyers of faulty vehicles. If you purchase or lease a car that turns out to be defective, the law ensures that you are entitled to compensation. If the manufacturer or seller cannot repair the vehicle within a reasonable number of attempts or within a reasonable time frame, they are required to either replace the car or buy it back.
Under California Lemon Law, manufacturers are required to:
- Maintain accessible repair facilities in California
- Repair faulty vehicles within 30 days or less
- Attempt repairs a reasonable number of times
- Offer a replacement or a refund, minus the "trouble-free use" value
- Cover reasonable legal fees and attorney costs for the consumer
Who Qualifies for Protection Under California Lemon Law?
Consumers who have either purchased or leased a new vehicle may be eligible for protection under the California Lemon Law. To qualify, car buyers or lessees must meet the following criteria:
- The seller or manufacturer cannot repair the vehicle within a reasonable time frame or after a reasonable number of repair attempts
- The vehicle is still under warranty
- The vehicle has been out of service for more than 30 days due to warranty-related repairs
It’s crucial to understand that the issues must not be caused by the owner's misuse or negligence, and they must significantly affect the vehicle's value, safety, or usability. The number of repair attempts or the time frame required can vary based on the type of defect. For example, safety-related defects often require fewer repair attempts than non-safety defects.
What if My Vehicle is No Longer Under Warranty?
If your vehicle is no longer under warranty, you may still be eligible for lemon law protection if the defect existed during the warranty period. In such cases, it’s important to consult with a qualified lemon law attorney who can assess whether you are entitled to file a claim.
What Am I Entitled to Under California Lemon Law?
If you qualify under the lemon law, you have two possible outcomes: a car replacement or a car buyback.
- Car Replacement: The manufacturer may replace the defective vehicle. In this case, you are entitled to a refund of your down payment, monthly payments, taxes, incidental expenses, and attorney fees.
- Car Buyback: Alternatively, the manufacturer can repurchase the defective vehicle. This includes a refund for repairs, towing costs, and any associated expenses, excluding the "trouble-free use" value. The manufacturer may also cover reasonable attorney fees.
Get Help From Our California Lemon Law Attorneys
At O’Connor Law Group, P.C., our team is dedicated to achieving the best possible outcome for your case. Whether through out-of-court negotiation or by taking your case to trial, we will keep you fully informed and guide you through every step. Our skilled lemon law attorneys have extensive experience handling lemon law cases and are prepared to stand up to major car manufacturers on your behalf. Let us help you secure the compensation you deserve.
Reach out to our California lemon law attorneys today at (949) 390-9695 to schedule a consultation!