What to Expect During the Lemon Law Process for Your Vehicle

When a vehicle you purchased turns out to have significant defects that affect its use, safety, or value, you may be eligible for relief under the lemon law. In California, lemon laws are in place to protect consumers from vehicles that are defective and fail to meet reasonable quality or performance standards. 

At the Law Offices of Kevin Faulk, P.C. in Sunnyvale, California, we’re here to help clients pursuing a lemon law claim understand the process in order to feel more confident about the steps involved and what to expect along the way.

What Is the Lemon Law?

The lemon law in California provides protection for consumers who have purchased new or used vehicles that turn out to have persistent problems that can’t be adequately fixed by the manufacturer. 

If your vehicle falls under the lemon law, the manufacturer may be required to replace the vehicle or refund your money. It’s important to know that the lemon law applies only to certain types of defects and doesn’t cover issues that arise due to normal wear and tear or maintenance problems.

In California, the law applies to both new and used vehicles, though there are specific conditions under which the lemon law applies. For example, if your new vehicle has a defect that can’t be repaired after a reasonable number of attempts, or if the vehicle has been in the shop for an extended period, it might qualify under the state's lemon law.

Key Steps in the Lemon Law Process

Once you realize that your vehicle may qualify for a lemon law claim, the first step is to begin the process. The process typically involves a few key steps that should be followed in order to secure your rights.

1. Document All Issues

The first action you should take is to keep detailed records of all the issues with your vehicle. This includes noting down any defects, repairs, and the dates the vehicle was in the shop for repairs. You'll need to keep a paper trail to support your claim.

• Keep all repair invoices.

• Record the specific issues with the vehicle (e.g., engine problems, faulty brakes).

• Note how often the vehicle was in the shop for repairs.

• Keep track of the total time the vehicle was out of service.

Documentation will be essential in building a solid case. The more organized your records, the stronger your claim will be.

2. Provide Opportunity for Repair

California’s lemon law requires that the manufacturer or dealer be given a reasonable number of attempts to repair the vehicle. In many cases, this means the manufacturer should have a chance to fix the defect three or more times. If the defect impairs the vehicle’s use, safety, or value, the manufacturer may be required to replace the vehicle or issue a refund.

• If the vehicle has been in the shop for repairs for 30 days or more, it could qualify as a lemon, even if the defect hasn’t been fixed.

• You must provide the manufacturer with a reasonable opportunity to address the problem, but you don’t have to continue driving a vehicle that is unsafe.

The key to this step is that the manufacturer or dealer must be given ample opportunity to repair the vehicle. If they’re unable to do so, then you may proceed to the next step.

3. Consult a Lemon Law Lawyer

If you’ve followed the proper steps and the manufacturer hasn’t provided a satisfactory resolution, it may be time to consult a lemon law lawyer. While it’s possible to file a lemon law claim without legal representation, an attorney with experience in lemon law can help make sure that your rights are protected.

A lawyer can help you understand the legal implications of your claim and provide advice on whether it’s worth pursuing a formal lawsuit. Having an attorney who is well-versed in lemon law can make the process smoother and increase the chances of a favorable outcome.

Possible Outcomes of a Lemon Law Claim

Once the lemon law claim is processed, there are several possible outcomes that you might experience.

1. Vehicle Replacement

If the manufacturer or dealer is unable to repair the defect after a reasonable number of attempts, they may be required to replace your vehicle with one that is of similar make and model. This can be a significant relief, especially if you have already spent a considerable amount of time and money on repairs.

2. Refund

Another possible outcome of a lemon law claim is a full refund of the purchase price. The refund should include the cost of the vehicle, taxes, registration fees, and any other costs you may have incurred during your ownership of the vehicle.

3. Repair Assistance

In some cases, the manufacturer may agree to perform additional repairs or offer compensation for the defect, though this is less common in lemon law claims.

Common Misconceptions About the Lemon Law Process

Many people who consider pursuing a lemon law claim in California may have misconceptions about the process. These misunderstandings can make it harder for people to feel confident in moving forward with their claim. Here are some common myths:

• Myth: The defect must be the same one every time. The lemon law doesn’t require that the defect be the same issue each time the vehicle is in the shop. As long as the defect significantly impairs the vehicle’s use, safety, or value, it can qualify under the lemon law.

• Myth: Lemon law only applies to new vehicles. While lemon law primarily applies to new vehicles, it can also apply to used vehicles, as long as they’re certified pre-owned vehicles.

• Myth: The manufacturer can always fix the defect. If a defect is found in your vehicle and can’t be repaired after a reasonable number of attempts, the lemon law requires the manufacturer to either replace the vehicle or provide a refund.

Consult With an Experienced Law Firm

Pursuing a lemon law claim in California can be a detailed and often challenging process, but understanding the steps involved can help you feel more confident throughout the journey. Work with an attorney who can help you protect your rights.

We serve clients throughout the state of California, including Sunnyvale, San Jose, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, San Diego, and beyond. Turn to the Law Offices of Kevin Faulk, P.C. today.