Looking for a California Lemon Law Lawyer?
Buying or leasing a motor vehicle is an important decision in California. Whether you are driving to work or taking kids to school you need and deserve a motor vehicle that is both reliable & safe.
Unfortunately, every year, thousands of motor vehicles are released from the assembly line with known or unknown defects. These defects are usually hidden at the time of sale and consumers only find out about the defects after they leave the dealership.
In California, a manufacturer must “promptly” repurchase/buyback a motor vehicle if it has a defect(s) that has substantially impaired the “use, value or safety” of the vehicle and the manufacturer has been unable to fix it “within a reasonable number of attempts.”
However, most of the times, manufacturers do not come forward to do what’s required of them by the law. This is when we come in to help consumers like you with your lemon law claim.
A California Lemon Law attorney can tell you whether your vehicle could qualify as a lemon and how much you can get in cash as the result of a lemon law buyback.
Call to learn more about your options.
What is a lemon?
A lemon is a vehicle that has recurring defects covered by its manufacturer’s warranty, affecting its use, value or safety, and has been subject to two or more repair attempts by the manufacturer or its authorized repair facility.
The manufacture or its authorized repair facility should have been given “a reasonable number of attempts” to fix the vehicle. A reasonable number of attempts vary from case to case, and depends on the nature and frequency of the defects. However, in any case, there should be at least two (2) repair attempts at fixing the vehicle.
Remember that it does not matter whether the manufacturer or its repair facility was able to fix the vehicle in each repair visit. It is the job of the manufacturer or its repair facility to fix the vehicle when presented to them. So, each time you present the vehicle to the manufacturer or its authorized repair facility for repair, counts towards the minimum visits required under the lemon law. It does not matter whether the manufacturer or its authorized dealership was able to fix the vehicle. Each visit is an opportunity and an attempt at repair that is given to the manufacture or its authorized dealership.
What Is The Presumption Of Lemon?
The law presumes that a manufacture has had reasonable number of opportunities to fix your car if within the first 18,000 miles or the first 18 months (whichever comes first) if:
- You submitted your vehicle for repair at least (2) times for a defect that is likely to cause death or serious harm to you or others. For example: your vehicle’s shuts down on its own or the infotainment system blacks out suddenly, or
- Your vehicle has been subject to repair (4) or more times for the same issue, or
- Your vehicle has been down for repair for (30) days of more in total. (counting all repair attempts)
The vehicle should have been submitted to an authorized repair facility, not a mom-and-pop shop. Also remember that it does not matter if the repair facility was unable to duplicate the problem or fix the problem
What Will I Get?
If your vehicle is a lemon, you have the right to a repurchase (also known as lemon buyback), replacement or cash compensation. Your lemon law refund includes your monthly payments, your downpayment, sales and use taxes, license fees, official fees, registration fees, transportation charges and tow charges, manufacture installed items, plus any incidental damages such as sonable repair, towing and rental car costs. As the winning party in the lawsuit, the manufacturer also must pay your attorney’s fees and costs. It means you do not have to pay anything to your attorney.
Unlike personal injury cases, lemon law does not provide for pain and suffering.
If you have a vehicle with repeat issues, call this office or fill out a form to get your Free consultation. Your documents will be reviewed by an experienced attorney, and you will be advised of your rights at no cost to you. If we file a lawsuit for you, we are not going to get paid unless you win and when you win your case we will charge the losing party (manufacturer) to pay our fees and costs. You do not have to pay us any money in any situation.
You deserve better than a Lemon! Fill out the free case evaluation form to get your case started!
How Much Is My Attorney’s Fees?
When you hire this office, you do not have to pay the office any attorney fees or costs. In other words, you will never pay us a penny. We will submit the costs and fees to the car manufacturer after your case has settled and we will get our fees and costs from the manufacturer.
We also review cases for free. No hidden costs. Call and ask for your free case review and see how much cash you can get.
Which Vehicles Are Covered By Lemon Law?
California lemon law covers motor vehicles such as RVs, SUVs, motorcycles, jet-skis, and regular cars are all covered under the law.
If you have a vehicle with repeat issues, call this office or fill out a form to get your free consultation. Your documents will be reviewed by an experienced attorney, and you will be advised of your rights at no cost to you. If we file a lawsuit for you, we are not going to get paid unless you win and when you win your case we will charge the losing party (manufacturer) to pay our fees and costs. You do not have to pay us any money in any situation.
Which Vehicles Are Not Covered by Lemon Law?
- Motor Vehicles with a gross vehicle weight of more than 10,000 pounds
- Vehicles not primarily bought or leased for commercial purposes
- Vehicles used in businesses that have more than 5 vehicles
- The law has recently changed as how used vehicles could be covered by California lemon law. Contact your California lemon law attorney to see if your vehicle is covered and eligible for a cash compensation.
If you have a vehicle with repeat issues, call this office or fill out a form to get your Free consultation. Your documents will be reviewed by an experienced attorney, and you will be advised of your rights at no cost to you. If we file a lawsuit for you, we are not going to get paid unless you win and when you win your case we will charge the losing party (manufacturer) to pay our fees and costs. You do not have to pay us any money in any situation.
The Military Exception
California is known for its exceptionally consumer-friendly laws. In 2008, the state legislature further strengthened these protections by extending them to include over 15,754 active-duty members of the U.S. armed forces stationed within California.
The branches of U.S. Armed Forces are:
- U.S. Army
- U.S. Navy
- U.S. Airforce
- U.S. Marine corps
- U.S. Coastguard
- U.S. Space Force
If you are an active-duty member of the U.S. armed forces, you may qualify for protections under California lemon law regardless of which state you have purchased your vehicle. To qualify, both of the following must be present:
1- You purchased your vehicle from a manufacturer or its agent or representative with manufacturer’s express warranties, and
2- You were stationed in California or were a resident of California when you purchased your vehicle or when you filed the lemon law lawsuit.
So, an active-duty member who is stationed in California can still take advantage of California lemon law even if he or she purchased his or her vehicle outside of California. This law also applies to such member if he or she purchased the vehicle in California but is now stationed outside of California.
If you have a vehicle with repeat issues, call this office or fill out a form to get your Free consultation. Your documents will be reviewed by an experienced attorney, and you will be advised of your rights at no cost to you. If we file a lawsuit for you, we are not going to get paid unless you win and when you win your case we will charge the losing party (manufacturer) to pay our fees and costs. You do not have to pay us any money in any situation.
What are the remedies under California Lemon Law?
If your vehicle is a lemon, you have the right to a repurchase (also known as lemon buyback), replacement or cash compensation. Your lemon law refund includes your monthly payments, your downpayment, sales and use taxes, license fees, official fees, registration fees, transportation charges and tow charges, manufacture installed items, plus any incidental damages such as sonable repair, towing and rental car costs. As the winning party in the lawsuit, the manufacturer also must pay your attorney’s fees and costs. It means you do not have to pay anything to your attorney.
You deserve better than a lemon! Bohloul Law, APC will help you get your vehicle repurchased and your money refunded. Fill out the free case evaluation form to Get Your Case Started!
Calculate Your Buyback Number
Your repurchase or buyback is calculated based on a formula set by the statute. You can use this formula to get a better understanding of your buyback number. However, you should consult with an experienced attorney to make sure all the i-s are dotted and all the t-s are crossed
If you have a vehicle with repeat issues, call this office or fill out a form to get your Free consultation. Your documents will be reviewed by an experienced attorney, and you will be advised of your rights at no cost to you. If we file a lawsuit for you, we are not going to get paid unless you win and when you win your case we will charge the losing party (manufacturer) to pay our fees and costs. You do not have to pay us any money in any situation.
What should I do if I think I have a “Lemon?”
First, you need to act fast and collect all the evidence you can. The best practice is to take photos and videos when it is safe to do so. The more evidence you have, the stronger case you will be.
Then, you must take your car to an authorized dealership, report the issues and have it repaired as soon as possible. You should have given the authorized dealer more than one “opportunity to repair” before you can claim the vehicle is a lemon. Remember that only an authorized dealer should repair your car, not a mom-and-pop shop or your friend.
Third, you must make sure your complaints make it to the authorized dealer’s written repair document. So, when you go back to pick up the car, make sure you get your repair documents, read it to make sure your complaint has been recorded and addressed in the repair document. Without that, you cannot later prove that you complained about an issue(s). If your complaint is not listed, talk to the service manager and write down their name and provide it to your lemon law attorney.
Finally, call this office to help you build a strong case. Your consultation is Free and we won’t get paid unless you win your case.
To learn more, read our “A Guide on how to Prepare My Lemon Law Case.” You can also watch our upcoming “YouTube” videos to learn more.
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