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Los Angeles New Car Lemons

What is a New Car Lemon?

Buying a new car should be an exciting experience, filled with the promise of reliability and performance. Unfortunately, sometimes consumers find themselves with a vehicle that fails to meet expectations due to persistent defects. In California, these vehicles are commonly referred to as "lemons." The California Lemon Law offers protection for consumers who purchase or lease new vehicles that turn out to have significant defects affecting their safety, value, or usability.

If you think you have a lemon, call O'Connor Law Group at (949) 390-9695. Our experienced attorneys are here to help you get the justice you deserve. Contact us today for a free consultation!

The California Lemon Law Explained

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, provides clear guidelines for consumers who purchase or lease new vehicles. It mandates that manufacturers or dealers must honor warranties and repair vehicles that are found to be defective. If a vehicle cannot be repaired after a reasonable number of attempts, the owner may be entitled to a refund or a replacement vehicle.

Key Provisions of the Lemon Law

  • Coverage: The Lemon Law applies to new cars purchased or leased in California that have substantial defects occurring within the warranty period. It also covers demonstrator vehicles and some used cars if they are still under a manufacturer’s warranty.
  • Defect Definition: A defect is typically defined as a malfunction that significantly impairs the vehicle’s use, safety, or value. Common examples include engine problems, brake failures, transmission issues, and significant electrical system failures.
  • Reasonable Repair Attempts: California law generally requires that the vehicle be taken in for repair at least two to four times for the same issue before it can be considered a lemon. In cases of serious safety issues, even one unsuccessful repair attempt may suffice.
  • Time Frame: The consumer has four years from the date of the first repair attempt to file a Lemon Law claim. This time frame is critical in ensuring that your rights are protected.

The Role of Warranties in Lemon Law Cases

When it comes to Lemon Law cases, warranties play a critical role in protecting consumers. There are two main types of warranties that can affect your rights:

  • Express Warranties: These are written guarantees provided by the manufacturer or dealer, stating that the vehicle will be free of defects for a certain period or mileage. If the car has issues covered by the warranty, the manufacturer is obligated to repair it.
  • Implied Warranties: These are unwritten guarantees that the vehicle will function as expected and be free from major defects. Implied warranties apply even if there is no written agreement.

If you have a defective car, your warranty—whether express or implied—will often be the foundation of your Lemon Law claim. Here’s how it affects your rights:

  • Manufacturer’s Warranty: If your car is still under the manufacturer's warranty, they are required to repair any defects. If the issue isn’t fixed after a reasonable number of attempts, you may be entitled to a refund or replacement.
  • Dealer’s Warranty: Dealers may also offer warranties. If they fail to repair the car or address defects covered by this warranty, they could be violating your rights under the Lemon Law.

If the dealer or manufacturer refuses to honor your warranty:

  • Document Everything: Keep detailed records of repair attempts and warranty-related communications.
  • Notify the Manufacturer or Dealer: Clearly inform them about the defect and request action under the warranty.
  • Seek Legal Advice: If the issue persists, consider consulting a Lemon Law attorney to explore your options.

California Lemon Law for Used Cars

In California, Lemon Law doesn’t just apply to new cars—it can extend to used cars as well, under certain conditions:

  • Still Under Manufacturer’s Warranty: If a used car is still covered by the manufacturer’s original warranty, it may qualify under Lemon Law.
  • Demonstrator Vehicles: Cars that were used for test drives or as demonstration models may also qualify for Lemon Law protection if they have significant defects.

Key differences between new and used cars in Lemon Law claims include:

  • New Cars: Generally, new cars are more likely to qualify, as they are covered by warranties and are expected to be free of defects.
  • Used Cars: Used cars may be more challenging to prove as a “lemon,” but if they still have a valid warranty or defects significantly affect safety or value, they may still qualify.

Dealer and Manufacturer Responsibilities

Both dealers and manufacturers have clear responsibilities when it comes to defects in the vehicle:

  • Dealer’s Obligations: The dealer must repair defects that arise during the warranty period. They are responsible for taking your vehicle back for repairs and providing timely solutions.
  • Manufacturer’s Actions: If a defect is reported multiple times, the manufacturer must act to fix the issue. They are required to either repair the vehicle, offer a replacement, or provide a refund if the issue persists.

If either the dealer or manufacturer fails to act appropriately:

  • Inadequate Repairs: If the dealer or manufacturer attempts repairs but the problem continues, they may be in violation of Lemon Law.
  • Legal Recourse: Consumers have the right to file a claim under the California Lemon Law and may be entitled to compensation, a replacement, or a refund.

By understanding the responsibilities of dealers and manufacturers, you can better protect yourself and ensure your rights are upheld under California’s Lemon Law.

Signs You May Have a Lemon

As a car owner, it’s essential to be aware of the signs that your new vehicle may be a lemon. Here are some common indicators:

  • Repeated Repairs: If your car has been in the shop multiple times for the same issue and the problem persists, it’s a strong signal that you may have a lemon.
  • Serious Safety Defects: If you experience issues that affect your safety, such as brake failures, steering problems, or engine malfunctions, it’s crucial to document these problems and seek repairs immediately.
  • Extended Downtime: If your vehicle has been out of service for an extended period due to repairs, this may also indicate a lemon.
  • Decreased Value: If the car’s value has significantly dropped due to the ongoing issues, it’s essential to assess your options under the Lemon Law.

Steps to Take if You Suspect You Have a Lemon

If you believe you’ve purchased a lemon, taking the right steps can help you protect your rights:

  • Document Everything: Keep detailed records of all repair attempts, communications with the dealer, and any inspections. This documentation will be vital if you need to pursue a Lemon Law claim.
  • Notify the Dealer: Inform the dealer of the ongoing issues and give them a chance to resolve the problems. It’s important to allow them a reasonable opportunity to fix the vehicle.
  • Get a Second Opinion: If possible, obtain an independent inspection to document the defects. This can help bolster your case if you need to pursue legal action.
  • Consult a Lemon Law Attorney: If the issues persist, consult an experienced Lemon Law attorney. They can help you understand your rights and guide you through the legal process.

Why Hire a Lemon Law Attorney?

Navigating the complexities of Lemon Law claims can be challenging. Here are several reasons why hiring an attorney can be beneficial:

  • Expertise: Lemon Law attorneys specialize in these cases and understand the nuances of the law, increasing your chances of a successful outcome.
  • Negotiation Skills: Attorneys can negotiate on your behalf with the dealer or manufacturer, often achieving better results than individuals can on their own.
  • Legal Representation: If your case goes to court, having a skilled attorney to represent you can make a significant difference in the outcome.
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Our FAQ

Have More? Contact Us!
  • What Am I Entitled to if My Vehicle Qualifies Under the California Lemon Law?

    If your vehicle qualifies under the California Lemon Law, you may be entitled to a refund of your down payment and monthly finance payments, as well as a discharge of your vehicle loan. You may also be entitled to reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses.

    If offered by the manufacturer, you may choose to have your vehicle replaced with a similar vehicle instead of having your money refunded.

  • Can I Have a Claim Under the California Lemon Law if My Repair Visits Did Not Occur Within the Vehicle’s First 18 Months and 18,
    Generally, your issue must have occurred within 18 months or within 18,000 miles (whichever came first). However, major defects that occur outside of this time frame may still present a viable claim. The court may assess situations on a case-by-case basis.
  • How Many Times Do I Need to Take My Car Back to the Dealer Before I Have a California Lemon Law Claim?

    The California Lemon Law states that dealerships must be given a reasonable number of opportunities to repair a vehicle. The law is fairly broad, leaving room for a variety of different circumstances. Since the law does not require any specific number of repair visits, each matter should be assessed on a case-by-case basis.

    Typically, four visits for the same problem will qualify, but, depending on the defect, fewer visits may suffice. For example, a defect as severe as brake system failure may only require two visits. Moreover, if a vehicle spends a cumulative total of over 30 days in the shop for warranty repairs, it may satisfy the requirement no matter how many separate visits were made.

Contact O’Connor Law Group Today

At O’Connor Law Group, we know how complex and confusing lemon law cases can be. That's why our team dedicates its time and resources to helping clients fight for their rights under California's Lemon Law so they can get the compensation they deserve. We handle all aspects of the process, including court filings, negotiating with manufacturers, and representing our clients in court.

With decades of experience protecting California consumers from unscrupulous and predatory corporations, we know what needs to be done to help ensure our clients get the results they deserve. Our lemon law lawyers are committed to providing personalized attention and creating customized legal strategies for every case we take.

Don't let a defective vehicle ruin your day; schedule an appointment with O'Connor Law Group today to learn more about how we can help you get justice.

If you think your vehicle may be a "lemon," don't wait any longer!