Finding a Good Lemon Law Lawyer
Law Offices of Matthew L. Taylor represents consumers in California Lemon Law claims. Law Offices of Matthew L. Taylor offers a free initial consultation with an attorney who will evaluate your case to determine your legal rights. Law Offices of Matthew L. Taylor generally represents consumers on these claims on a contingency basis, which means that there is no charge until there is a recovery. If the consumer prevails in a California Lemon Law lawsuit, the court can require the manufacturer to pay the legal costs of the consumer.
The California Lemon Law provides legal protection to consumers who buy or lease motor vehicles. The California Lemon Law is a small portion of the Song-Beverly Consumer Warrant Act, which is a California state law regulating many types of consumer warranties.
The California Lemon Law requires that an automobile manufacturer must replace or refund the purchase price of a motor vehicle if it is unable to correct problems covered by the warranty within a "reasonable" number of repair opportunities. If the motor vehicle is covered by the California Lemon Law, the consumer has the choice of whether to have the vehicle replaced or refunded. This choice belongs to the consumer and not to the manufacturer. If the consumer chooses to have the purchase price refunded, the manufacturer is also required to reimburse the consumer for the price of certain manufacturer-installed items, sales or use tax, licensing fees, registration fees, finance charges, repair, towing, and rental costs. If the consumer prevails in a lawsuit against the manufacturer, the consumer may also be awarded the cost of attorney's fees, and the court can impose monetary sanctions against the manufacturer. The consumer may be required to pay for mileage driven on the motor vehicle before the problem developed, and this mileage charge is determined by a formula specified in the California Lemon Law.
In order to be covered by the California Lemon Law, the motor vehicle must still be in the manufacturer's warranty period. The California Lemon Law does not cover problems or defects that occur outside of the warranty period. The California Lemon Law may also cover used motor vehicles provided that the used motor vehicle is still within the original warranty period. For example, if a used car is purchased with 12,000 miles, and the original manufacturer's warranty covers 36,000 miles, then the used vehicle would still be covered by the California Lemon Law. The California Lemon Law does not cover used motor vehicles sold on an "as is" basis without a warranty.
The California Lemon Law requires replacement or refund if the manufacturer fails to repair the problem after a "reasonable" number of repair opportunities. The number of opportunities that will be considered "reasonable" depends on the type of problem and the age of the car.
For the first 18 months or 18,000 miles (whichever comes first), the California Lemon Law contains a presumption that a "reasonable" number of opportunities is any of the following:
- For defects likely to cause serious bodily injury or death, two attempts to cure the same problem.
- For defects that are not likely to cause serious bodily injury or death, four attempts to cure the same problem.
- For any combination of defects if the vehicle was out of service or repair by the manufacturer for more than 30 days.
Even if the vehicle does not come within the presumptions listed above (and even if the vehicle is older than 18 months or has more than 18,000 miles), the motor vehicle may still qualify for the Lemon Law protections if the manufacturer has failed to cure the problem within a "reasonable" number of opportunities during the warranty period. In that situation, the determination of what constitutes a "reasonable" number of opportunities is made on a case-by-case basis. Serious or life-threatening problems (such as brakes) will generally require fewer opportunities than less serious problems.
Here is some other important information for consumers about the California Lemon Law:
- A California Lemon Law claim is made against the manufacturer of the motor vehicle and not against the dealer that sold the vehicle.
- Each time the motor vehicle was given to the manufacturer or its agents for repair counts as a "repair opportunity" even if no repair was actually done. In order to count as a "repair opportunity" the motor vehicle must have been given to the manufacturer or one of its authorized dealers. The consumer is not required to have the vehicle repaired at the selling dealer. The vehicle can be repaired at any authorized dealer. Repair opportunities made by independent garages do not count as a "repair opportunity" for the California Lemon Law.
- In order to prove a California Lemon Law case, the consumer should keep all repair invoices and should insist that the repair invoices list the mileage of the vehicle, the date, and contain a description of the problem.
- As soon as the consumer starts to suspect a warranty problem, the consumer should notify the manufacturer. This notification should be done in writing so that the consumer can prove that the manufacturer was notified. Most vehicle user's guides will contain an address for the consumer to send correspondence to the manufacturer. The consumer should make sure to send the correspondence with a U.S. Postal Service return-receipt (to prove mailing) and should keep a copy of the correspondence.
- The California Lemon Law applies to a new motor vehicle that is bought primarily for personal, family, or household purposes. It may also apply to vehicles purchased by certain small businesses.
- The California Lemon Law applies primarily to cars and trucks. Some (but not all) of the protections also apply to motorcycles and off-road vehicles.
