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How to File A Lemon Law Claim in California

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Filing a Lemon Law Claim in California

Need Help Filing A California Lemon Law Claim? Call Now: (310) 627-2665

Wondering how to file a lemon law claim in California?  In order to file a successful lemon law claim you’ll need to know the following:

1. What qualifies a car as a lemon. And…

2. What steps are necessary to take during the lemon law process.

If you bought a defective vehicle that is still under its original warranty, you may be eligible to have your vehicle repurchased or replaced under the lemon law.

Keep reading for everything you need to know to file a successful lemon law claim in California.

Call (310) 627-2665 or contact our firm online now to learn how we can help you file your lemon law claim. We offer free consultations to all prospective clients.

How to File a Lemon Law Claim in Six Steps

Step 1: Gather Evidence

Before filing a lemon law claim, it is essential to gather evidence that supports your case. This can include documentation of all repair attempts, invoices, and any correspondence with the manufacturer or dealership. Keep a detailed record of all the problems you have encountered with the vehicle, including dates, symptoms, and the results of any repairs.

Step 2: Contact the Manufacturer

Once you have collected all the necessary evidence, reach out to the manufacturer of the vehicle. In many cases, manufacturers have internal dispute resolution processes that may resolve the issue without the need for legal action. If the manufacturer is unable to resolve the issue to your satisfaction, you can proceed to the next step.

Step 3: Hire a Lemon Law Attorney

If the manufacturer is unable to resolve the issue, it may be time to hire a lemon law attorney. An experienced attorney can help you navigate the legal process and increase your chances of success. Look for a lawyer who specializes in lemon law and has a track record of success.

Step 4: File a Lemon Law Claim

After you have hired a lemon law attorney, the next step is to file a lemon law claim. The claim should include all the evidence you have gathered, including repair invoices and correspondence with the manufacturer. Your attorney will guide you through the process and represent you in any legal proceedings.

Step 5: Negotiate a Settlement

Once you have filed a lemon law claim, the manufacturer may offer to settle the matter out of court. This can often be a faster and less expensive option than going to court. Your attorney can help you evaluate any settlement offers and negotiate on your behalf.

Step 6: Go to Court

If the manufacturer refuses to settle or offers an unsatisfactory settlement, your case may need to go to court. Your lemon law attorney will represent you in court and present your case to a judge or jury.

How do California Lemon Law Claims Work?

Federal lemon law covers all vehicles purchased within the United States. Two important federal laws that affect lemon law claims include:

  • The Magnuson-Moss Warranty Act: This federal law provides protection to consumers who purchase products that come with a warranty and are worth over $25. The goal is to offer a streamlined process for consumers to bring a warranty suit against a manufacturer while also deterring manufacturers from selling defective products and using unfair warranty agreements. The act also provides for the awarding of attorney’s fees in lemon claims.
  • The Uniform Commercial Code: This law grants consumers the right to a refund or the replacement of a product that is considered a lemon if purchased within the U.S.

Additionally, the California’s Lemon Law (Civ. Code § 1793.22) protects Californians whose vehicles under warranty are defective and cannot be fixed after a “reasonable” number of repair attempts. The vehicle manufacturer must either replace or repurchase the vehicle based on the consumer’s preference.

In California, lemon law also applies to used vehicles when they are still under a manufacturer’s warranty. If you purchased a used vehicle that is no longer under warranty, it is unlikely lemon laws will apply to your case—unless you can prove that the seller knowingly mislead or forced you into purchasing a defective vehicle.

An Attorney Can Help You File Lemon Law Claims in California

If the vehicle you purchased under warranty has been taken to the repair shop multiple times without results, your chances for securing a successful claim under California’s lemon law are high

At Cali Lemon Lawyers, we help clients file claims efficiently and with no out of pocket costs.  

Although you can file a lemon law claim on your own, your warranty should cover attorney fees in the event you purchase a lemon that needs to be returned.

Working with a lemon law lawyer can also alleviate the stress and time involved in filing, while also giving you the best chance of maximum recovery. Read on to learn more about the process or give us a call to discuss your case in detail.

Call (310) 627-2665 or contact us online to schedule your free, no-obligation case evaluation.

Lemon Law Claim Frequently Asked Questions

What is a “cash and keep settlement”?

Cash and Keep – The car is kept and you receive a cash payment for the decrease in value as a result of the fault. The alternative would be a replacement – the manufacturer replaces your old car with a new, comparable vehicle under the same term of your original purchase agreement.

Learn more about typical lemon law settlements here.

Does California have a Lemon Law for used cars?

The California lemon law protects consumers who purchase a used car under warranty. There are three types of warranties for used cars:

  • Transferred New Car Warranty
  • Certified Pre-Owned (CPO) Warranty
  • Buyback Warranty

Learn more about the lemon law for used cars here.

How does a car qualify for Lemon Law?

Your vehicle qualifies if it is under warranty and has a defect that your dealership has been unable to repair. The law only applies if the dealership has been given an ample number of chances (2 or more) to repair your vehicle within the warranty period.

How does the Lemon Law in California work?

Under California’s Lemon Law (Civ. Code, § 1793.2 et seq.), you are protected if your car is defective and can’t be fixed after a reasonable number of repair attempts.

The Lemon Law protects cars bought or leased in California that are still covered by a manufacturer’s vehicle warranty. Under the Lemon Law, if a manufacturer is unable to repair a problem after a reasonable (again – 2 or more) number of repairs and does not meet its obligations under the warranty, it may be required to buy back or replace your car.

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