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California Lemon Law Attorney
If you’ve ever purchased a vehicle or other product that turned out to have significant defects, it’s easy to become overwhelmed. Even though California’s lemon law provides some of the strongest protections for consumers who purchase automobiles and other “lemon” products, it takes an experienced and skilled attorney to help you understand your rights.
At the Law Offices of Kevin Faulk, we are dedicated to protecting consumers from faulty vehicles and unscrupulous car dealerships. When you get our support, we will walk you through the various aspects of the California Lemon Law, helping you understand your eligibility, rights, and the steps you need to take if you find yourself with a lemon.
From our office in Sunnyvale, California, we provide compassionate and personalized representation to people throughout California. Reach out today so we can evaluate your situation and help you understand your options for dealing with a “lemon.”
Uphold your Rights. Contact Us.
What Is the California Lemon Law?
The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease new or used vehicles that fail to meet quality and performance standards. If a vehicle cannot be repaired after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price.
Song-Beverly Consumer Warranty Act
The Song-Beverly Consumer Warranty Act, commonly referred to as the California Lemon Law, is a state statute that provides legal recourse for consumers who purchase or lease new or used vehicles that turn out to be defective.
Enacted in 1970, the Act was established to ensure that manufacturers uphold their warranties and maintain the quality and reliability of their products.
Under this law, if a vehicle has defects that persist despite a reasonable number of repair attempts, the consumer may be entitled to a replacement vehicle or a refund of the purchase price.
The Act covers a broad range of vehicles, including cars, trucks, motorcycles, and recreational vehicles.
The Song-Beverly Consumer Warranty Act stands as a vital piece of consumer protection legislation, promoting fairness and integrity in the automotive marketplace.
What Products Are Covered Under the Lemon Law?
Contrary to popular belief, California’s lemon law does not apply exclusively to automobiles. The law provides protection for most consumer goods that people purchase or lease for their personal or household use.
Specific categories of products, however, are excluded from lemon law. These products include over-the-counter drugs, clothes, consumable goods, cosmetics, vegetables, and fruits. Most lemon law claims are filed by consumers who purchased or leased vehicles, including:
New vehicles: Cars, trucks, SUVs, and vans (including Teslas) purchased with a manufacturer’s warranty.
Used vehicles: Pre-owned vehicles sold with a remaining manufacturer’s warranty or a dealer-provided warranty.
Leased vehicles: Vehicles leased for personal, family, or household use that come with a manufacturer’s warranty.
Recreational vehicles (RVs): The law covers both the chassis and the living quarters of an RV.
In California, lemon law covers not only purchased vehicles but also leased, financed, and pre-owned vehicles. The protections provided to consumers by the law cover both new and used vehicles.
Eligibility Criteria
To qualify for protection under the California Lemon Law, specific criteria must be met:
Warranty coverage: The vehicle must be covered by the manufacturer’s original warranty or an extended warranty that came with the vehicle at the time of purchase.
Reasonable repair attempts: The manufacturer or its authorized dealers must have made a reasonable number of attempts to repair the vehicle.
Vehicle use: The law applies to vehicles used primarily for personal, family, or household purposes. This includes cars, trucks, SUVs, and vans.
Lemon law protections apply if the manufacturer or seller cannot repair the problem after a reasonable number of attempts to fix it. In that case, the manufacturer or seller may be required to refund or replace the vehicle. The consumer has a right to choose whether they want to accept a refund or get a replacement.
Steps to Take If You Have a Lemon
If you suspect your vehicle is a lemon, follow these steps to protect your rights:
Document everything: Keep detailed records of all repair attempts, including dates, descriptions of the problems, and repair orders.
Notify the manufacturer: Tell the manufacturer that you are dissatisfied with your purchase and want your money back.
Seek legal advice: Consult with a qualified lemon law attorney to evaluate your case and guide you through the legal process.
File a claim: If the manufacturer does not offer a satisfactory resolution, your attorney can help you file a claim to seek compensation or a replacement vehicle.
In your claim, you may be entitled to reimbursement for incidental costs such as towing and rental car expenses incurred due to the defective vehicle. And, if you win in your lemon law case, the manufacturer may be required to pay your attorney fees and costs.
Why Choose Us?
At the Law Offices of Kevin Faulk, we have years of experience handling Lemon Law cases and auto fraud claims. We believe in maintaining open lines of communication with our clients. You will always be informed about the status of your case. Also, we offer our services on a contingency fee basis, meaning you don’t pay unless we win your case.
Most importantly, our dedication to you is unwavering. We are dedicated to standing up for consumers who have been wronged by car manufacturers and dealerships. We provide experienced legal representation to clients dealing with “lemons” in Sunnyvale and throughout the state of California.
For more information and to schedule your free consultation, contact us today.
Lemon Law FAQs
Q: How long do I have to file a Lemon Law claim?
A: You generally have four years from the last repair attempt to file a claim under the California Lemon Law. However, you should consult with an attorney as soon as possible to ensure your rights are protected.
Q: What if my vehicle’s warranty has expired?
A: If the defect occurred during the warranty period and the vehicle met the criteria for a lemon, you might still have a valid claim even if the warranty has since expired.
Q: Can I pursue a Lemon Law claim if I bought a used car?
A: Yes, the California Lemon Law covers used vehicles that are still under the manufacturer’s original warranty or a dealer-provided warranty.
Q: What should I do if the dealership refuses to make repairs?
A: Document the refusal and seek legal advice immediately. An attorney can help you take the necessary steps to enforce your rights under the law.
Q: What constitutes a "reasonable number of repair attempts"?
A: The law does not specify an exact number of repair attempts but provides guidelines to determine reasonableness.
For example, if the same problem persists after four or more repair attempts, the vehicle may qualify as a lemon. Or, if the vehicle has a serious safety defect that could cause injury or death, and the defect remains after two repair attempts, it may be considered a lemon. Finally, if the vehicle has been out of service for a cumulative total of 30 days or more due to repairs, it may also qualify as a lemon.
California Lemon Law Attorney
When you buy something—whether it’s a vehicle or other consumer goods—you have high expectations. However, the purchased or leased product may fail to live up to those expectations. If you believe that you have a lemon law claim, consult with a lemon law attorney at Law Offices of Kevin Faulk to discuss your case.