Steps to Take If Your Car Is a Lemon

A lemon car is a vehicle that has significant defects or malfunctions that impair its use, safety, or value, and these issues persist despite multiple repair attempts. Under California law, these defects must occur within a certain period after purchase, typically while the vehicle is still under the manufacturer’s warranty. The term “lemon” is used because the car has persistent problems that render it less valuable or reliable than expected for a new or relatively new vehicle.

California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease new or used vehicles with serious defects. The law requires manufacturers to repair, replace, or refund the purchase price of defective vehicles that meet specific criteria.

The primary purpose of the Lemon Law is to ensure that consumers are not left with a defective vehicle that significantly impacts its usability and safety. It holds manufacturers accountable for the quality of their vehicles and provides a legal remedy for consumers who find themselves with a lemon.

Criteria for a Vehicle to Be Considered a Lemon:

• Number of Repair Attempts:
  • Reasonable Number of Repairs: The law generally requires that the manufacturer has made a “reasonable number” of repair attempts to fix the defect. This is typically interpreted as at least four attempts to repair the same issue.
  • Safety Defects: If the defect is related to a safety issue that could cause injury or death, the vehicle may be considered a lemon after just two repair attempts.
• Days Out of Service:
  • Cumulative Days: The vehicle must have been out of service for a cumulative total of 30 days or more due to repairs. These days do not need to be consecutive, and they apply within the warranty period or the first 18 months or 18,000 miles, whichever comes first.
• Substantial Impairment:
  • Significant Defects: The defect must substantially impair the vehicle’s use, value, or safety. Minor issues that do not affect the vehicle’s performance or safety typically do not qualify.
• Warranty Coverage:
  • Manufacturer’s Warranty: The issues must occur while the vehicle is under the manufacturer’s warranty. This includes the initial warranty period and any extended warranties provided by the manufacturer.

Steps to Take If Your Car Is a Lemon

Keep Detailed Records

Documentation of Repairs:

• Importance of Detailed Records: Keeping meticulous records of all repair attempts is crucial when dealing with a lemon car. These records provide the evidence needed to support your claim under California’s Lemon Law.
• What to Document: Each time you take your car to the dealership for repairs, document the date, a detailed description of the problem, and the work performed. Ensure that the service advisor provides you with a written repair order and that you receive a detailed invoice upon completion of the work.
• Consistency: Consistently documenting every repair attempt creates a clear history of the ongoing issues and demonstrates that the manufacturer has had multiple opportunities to fix the problem.

Communication Records:

• Maintaining Communication Records: In addition to repair documentation, keep records of all communications with the dealer and the manufacturer. This includes emails, letters, and phone calls.
• Content of Communications: Record the dates, times, and content of each communication. Summarize phone conversations and save all written correspondence.
• Importance of Communication Records: These records can show that you have made persistent efforts to resolve the issue and that the manufacturer has been informed of the ongoing problems.

Notify the Manufacturer

Formal Notification:

• Process of Notification: Formally notifying the manufacturer of your vehicle’s ongoing issues is a critical step in the Lemon Law process. This notification serves as an official record that the manufacturer is aware of the defects and has been given the opportunity to address them.
• What to Include: Your formal notification should include your vehicle’s make, model, and identification number (VIN), a detailed description of the problems, the dates and outcomes of repair attempts, and a clear statement that you believe the vehicle qualifies as a lemon under California law.
• Writing the Notification: Write a clear and concise letter that outlines all the necessary details. Be factual and avoid emotional language. Clearly state your request for a replacement vehicle or a refund.

Certified Mail:

• Ensuring Receipt: Send the formal notification via certified mail with a return receipt requested. This method provides proof that the manufacturer received your notification.
• Record Keeping: Keep a copy of the notification letter and the certified mail receipt for your records. This documentation can be critical if there are disputes about whether the manufacturer was properly informed.

Allow for Final Repair Attempt

Manufacturer’s Last Chance:

• Final Opportunity: After formally notifying the manufacturer of the ongoing issues with your vehicle, you are required to give them a final opportunity to repair the defect. This step is necessary to fulfill the requirements of California’s Lemon Law.
• Purpose: This final repair attempt ensures that the manufacturer has been given every possible chance to fix the problem before a replacement or refund is demanded.

Reasonable Time Frame:

• Reasonable Period: The law typically allows the manufacturer a reasonable amount of time to complete the final repair attempt. Generally, this is interpreted as a few weeks, but it should not exceed 30 days.
• Follow-Up: If the manufacturer fails to repair the vehicle within this reasonable time frame, or if the problem persists despite this final attempt, you can proceed with seeking a replacement or refund.

Request a Replacement or Refund

Replacement Vehicle:

• Option for Replacement: If your car is deemed a lemon, one option is to request a replacement vehicle. The replacement should be of the same make and model, and it should be comparable in terms of features and value.
• Replacement Process: To initiate this process, you will need to contact the manufacturer and formally request a replacement. Ensure that you have all your documentation ready to support your claim.

Refund Process:

• Requesting a Refund: Another option is to request a refund for the defective vehicle. The refund should cover the purchase price of the car, including any taxes, registration fees, and other costs incurred.
• Expenses Covered: The refund should also compensate for incidental expenses, such as towing costs, rental car fees, and any repair costs you have paid out-of-pocket.
• Formal Request: To request a refund, send a formal letter to the manufacturer detailing the issues, your repair attempts, and your request for a refund. Include copies of all relevant documentation to support your claim.

Seek Legal Assistance

Consult an Attorney:

• Benefits of Legal Counsel: Consulting with an experienced Lemon Law attorney can significantly improve your chances of a successful outcome. An attorney can help you understand your rights, navigate the legal complexities, and ensure that all necessary steps are taken correctly.
• Expert Guidance: Attorneys who specialize in Lemon Law cases have the expertise to handle the specific requirements and challenges of these claims.

Legal Representation:

• Negotiations with Manufacturer: An attorney can handle negotiations with the manufacturer on your behalf, ensuring that your case is presented effectively and that you receive the compensation or replacement you deserve.
• Court Representation: If negotiations fail and your case goes to court, having an attorney represent you is crucial. They can advocate for your rights, present evidence, and argue your case to achieve the best possible outcome.

Drake Law Firm

If you believe your car is a lemon, don’t navigate this frustrating situation alone. Contact Drake Law Firm today for a free consultation. Our experienced attorneys will help you understand your rights and guide you through the process of seeking a replacement or refund under California’s Lemon Law.

Contact Information:

• Phone: 1-844-513-7253
• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• San Francisco Office: 50 California St, 15th Floor, San Francisco, CA 94111
• Stockton Office: 2291 W. March Lane St, Suite A115, Stockton, CA 95207
• Fresno Office: 5588 N. Palm Ave., Fresno, CA 93704
• Website: Drake Law Group

At Drake Law Firm, we are dedicated to achieving the best possible outcome for our clients. We understand the frustration and stress that comes with owning a defective vehicle, and we are committed to providing personalized support and expert legal representation. Let us handle the legal complexities so you can focus on moving forward. Contact us today to learn how we can assist you in getting the justice and compensation you deserve.