California has robust protections in place for consumers who purchase products in good faith, anticipating that the manufacturer will live up to the terms of the factory warranty. This is especially important for big-ticket items like cars, particularly since a defect in an automobile can impact the safety of the consumer and others on the road. California’s lemon law provides a legal avenue for car buyers who discover they have purchased a defective vehicle—a lemon.
Unfortunately, a lemon law claim is not a simple legal process and requires skilled navigation to counteract common manufacturer defenses against valid claims. A lemon law attorney in California is here to help you navigate these complex situations. Contact Young & Young APC today.
How Do I Know If My Car Is Eligible for the Lemon Law in California?
Before considering the tactics that auto manufacturers deploy to protect their profits from California lemon law claims, it’s essential to determine if your vehicle is a lemon under the legal definition. Reputable lemon law lawyers offer free evaluations of lemon law cases. To determine if your case has merit, an attorney asks the following:
- Were the repair attempts covered under the factory warranty?
- Has the vehicle had four or more failed repair attempts or two or more failed repair attempts for a defect that is a safety hazard?
- Has the vehicle spent more than 30 days (non-consecutively) in a repair shop for warranty repairs?
If the above applies to your car, it’s likely a legal lemon. Leased cars also qualify for lemon law claims in California.
How Might a Manufacturer Defend Against a Lemon Law Claim?
Auto manufacturers prioritize profits over the claims of purchasers who have bought or leased a lemon vehicle. Common manufacturer defenses used against lemon law claims in California include the following:
- The vehicle hasn’t undergone enough repair attempts
- The defect does not substantially impair the safety, usefulness, or value of the vehicle
- The car owner abused or misused the car and created the mechanical problem
- The car owner had the car repaired at a repair shop other than the dealership
- The car has aftermarket modifications
- The car’s warranty doesn’t cover the defect
Finally, the manufacturer could argue that the car doesn’t qualify for a lemon law remedy because it was purchased after the warranty expired or out of state.
Gather Documentation and Seek an Evaluation of Your Case By an Experienced Lemon Law Lawyer
California car buyers have the best chance of a successful claim when they hire an experienced California lemon law attorney to gather all relevant documentation and present a compelling case to the manufacturer, thereby maximizing the chances of a favorable outcome, including a cash settlement, vehicle buyback or replacement vehicle of equal value. Contact us today.
