Understanding Lemon Law Presumption in California

We get it—there's nothing more frustrating than investing your hard-earned money into a new car, only to find out it's defective. The constant trips to the repair shop, the safety concerns, and the overall disappointment can be overwhelming. But don't worry, you're not alone. Many consumers face this issue and that's where the Lemon Law comes in. 

At the Law Offices of Kevin Faulk, we have a wealth of experience in Lemon Law cases. Our team is dedicated to guiding our clients through the intricacies of Lemon Law, ensuring they fully understand their rights and options. We'll help you fight for the compensation you deserve. We serve clients in Sunnyvale and throughout the state of California. 

What Is Lemon Law Presumption? 

Lemon Law presumption is a legal provision that allows courts to assume a vehicle is a "lemon" if certain criteria are met. It's designed to protect you, the consumer, from the financial burden of owning a defective vehicle. 

In California, this presumption comes into play if, within the first 18 months or 18,000 miles after purchasing or leasing a new vehicle, the vehicle meets one of three criteria: it's been repaired at least twice for a serious safety defect, it's been repaired four times for the same non-substantial safety defect, or it's been out of service for over 30 days due to various defects. 

If your vehicle meets any of these criteria, it's presumed to be a lemon. This shifts the burden of proof onto the manufacturer, making it easier for you to seek compensation. 

However, the presumption is not required for a strong lemon law case. Many cases have no repair attempts within the first 18,000 miles or 18 months and yet are successful at obtaining a repurchase of a vehicle.

Serious Safety Hazard Presumption 

This presumption applies when a defect could lead to severe bodily harm or death. Examples include faulty brakes, steering issues, or airbag malfunctions. 

If your vehicle has a defect that poses a serious safety hazard, it's presumed to be a lemon. This gives you a strong basis for your Lemon Law claim and increases the likelihood of a favorable outcome. 

Meeting Lemon Law Presumption Criteria in California

If you think your vehicle might be a lemon, it's essential to understand the criteria that must be met for the Lemon Law presumption to apply in California. Here's a breakdown: 

• Number of Repair Attempts: One of the key factors is the number of times your vehicle has been repaired for the same defect. If your vehicle has been repaired at least two times for a serious safety defect or four times for the same non-substantial safety defect, it meets the criteria. 

• Time Out of Service: The amount of time your vehicle has been out of service due to repairs also matters. If your vehicle has been out of service for a total of more than 30 days for any combination of defects, it fits the criteria. 

• Documentation: It's crucial to keep detailed records of all your interactions and repair attempts. This includes receipts, invoices, and any correspondence with the manufacturer or dealership. These documents will serve as evidence if you decide to pursue a Lemon Law claim. 

• Timely Notification: Ensure you've notified the manufacturer about the defects in a timely manner. This gives them the opportunity to rectify the issues and could be crucial in your Lemon Law claim. 

Remember, even if your vehicle doesn't meet these criteria, you might still have a valid Lemon Law claim. 

When Lemon Law Presumption May Not Apply

Even though the Lemon Law presumption offers a powerful tool for consumers, it may not always apply. Here are some situations where the presumption might not be applicable: 

• Vehicle Exceeds Mileage or Time Limit: The Lemon Law presumption in California applies during the first 18 months or 18,000 miles after the purchase or lease of a new vehicle. If your vehicle exceeds these limits, the presumption may not apply. However, this doesn't mean you can't pursue a Lemon Law claim. If your vehicle has had multiple repairs for the same issue while under the manufacturer's warranty, you may still have a valid claim. 

• Defects are not Substantial: The presumption requires that the vehicle has been repaired at least twice for a serious safety defect or four times for the same non-substantial safety defect. If the defects aren't considered substantial or don't affect the use, value, or safety of the vehicle, the presumption might not apply. 

• Vehicle Use is Not Normal: The Lemon Law presumption is designed to protect consumers who use their vehicles in a normal, routine manner. If the vehicle's issues are due to abuse, neglect, or unauthorized modifications, the presumption might not apply. 

• Sufficient Rebuttal Evidence from the Manufacturer: The lemon law presumption can be rebutted by the defending party providing sufficient evidence to the contrary. This could include showing that the issue is due to consumer misuse or that an adequate number of repair attempts have not yet been made. 

Remember, even if the presumption doesn't apply in your case, our skilled attorneys can help you navigate the complexities of the Lemon Law and fight for your rights.  

Steps to Take If You Believe Your Vehicle Qualifies

If you believe your vehicle may qualify as a lemon, it’s crucial to take the right steps: 

• Contact the Manufacturer: The first step is to communicate with the manufacturer about the defects and your concerns. Make sure to do this in writing and keep a copy for your records. 

• Request a Buyback or Replacement: Clearly state your rights under the Lemon Law and request a buyback or replacement of the vehicle. This could be a full refund or a new vehicle, depending on your preference and the severity of the defects. 

• Keep Detailed Records: Document all interactions, repair attempts, and time your vehicle has been out of service. This will serve as vital evidence if you need to escalate your claim. 

• Seek Legal Assistance: If your initial attempts are unsuccessful or if you're feeling overwhelmed by the process, it's time to bring in the experts. Our team at Consumer Law Experts, PC can provide a free case evaluation, guide you through the process, and ensure your rights are protected. 

Reach Out to a Skilled Attorney

If you're dealing with a lemon, don't hesitate to reach out to our experienced team at the Law Offices of Kevin Faulk. We're here to help you navigate the complexities of Lemon Law and fight for the compensation you deserve. Contact us today. We serve clients in Sunnyvale and throughout the state of California.