CALIFORNIA LEMON LAW OVERVIEW
California lemon law requires a vehicle manufacturer that is unable to repair a vehicle to conform to the manufacturer’s express warranty after a reasonable number of repair attempts to replace or repurchase the vehicle. If you have experienced this situation, our lemon law lawyers at The Darwish Law Firm may be able to help you get the compensation you deserve. California lemon law protects new and used vehicles sold or leased in California that come with the manufacturer’s new vehicle warranty. California lemon law applies throughout the duration of the vehicle manufacturer’s original warranty period. Below are some questions our lemon law attorneys are often asked:
DO USED CARS QUALIFY UNDER CALIFORNIA LEMON LAW?
Yes, as long as it was sold with a written warranty.
DO LEASED VEHICLES QUALIFY UNDER CALIFORNIA LEMON LAW?
Yes, as long as it was leased with a warranty.
WHAT IS THE LEMON LAW PRESUMPTION?
In California, a vehicle is presumed to be a lemon if any of the following criteria are met within 18 months of delivery to the buyer (or lessee) or 18,000 miles on the vehicle’s odometer, whichever comes first:
- 2 or more attempts to repair a warranty problem that results in a condition that is likely to cause death or serious bodily harm if the vehicle is driver;
- 4 or more attempts to repair the same warranty problem;
- The vehicle has been out of service for more than 30 days (not necessarily all at the same time) while being repaired for any number of warranty problems; or
- The problems are covered by the warranty, substantially reduce the vehicle’s use, value, or safety to the consumer and are not caused by abuse of the vehicle.
If these criteria are met, the lemon law presumes that the buyer or lessee is entitled to a replacement vehicle or a refund of the purchase price. However, this presumption is rebuttable. The manufacturer may show that the criteria has not been met (for example, because the problems are minor) and therefore, the buyer or lessee is not entitled to a replacement vehicle or refund. Our lemon law attorneys at The Darwish Law Firm can help determine what your claim is worth.
WHAT CAN I RECOVER IF MY VEHICLE QUALIFIES AS A LEMON?
If your vehicle (or consumer good) qualifies as a lemon, then you are entitled to receive a replacement or refund (buyback), which includes down payment, monthly payments, registration fees, any sales or use tax, all reasonable repair costs, towing and rental car costs, and other incidental damages. Additionally, you are entitled to reasonable attorney’s fees and costs.
The manufacturer is entitled to deduct a usage fee for the value of the miles placed on the vehicle up to the first time it was taken in for repair work for the problem or defect that resulted in it being a lemon.
At The Darwish Law Firm, our lemon law lawyers can review your case for free to determine if you are entitled to the above compensation.
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LEMON LAW BUY BACK
For purchased vehicles:
- Monthly loan payments and down payment
- Collateral charges, which include sales tax, finance charges, and prorated registration and service contracts
- Incident and consequential damages, including rental car and/or towing costs
- Payment of your loan balance
For leased vehicles:
- Lease payments and down payment
- Collateral charges, which include sales tax, finance charges, and prorated registration and service contracts
- Incident and consequential damages, including rental car and/or towing costs
- Payment of any remaining lease obligations
CASH COMPENSATION
Even if your vehicle is not considered a lemon, you may be entitled to receive cash compensation for its diminished value. Under this remedy, you are entitled to keep your vehicle and receive a certain amount of money for the vehicle’s problems. Our lemon law lawyers can help determine the amount of money your case is worth.
MILEAGE OFFSET FORMULA
California law requires the use of the following formula to calculate the amount of the deduction:
Purchase price x [miles driven by buyer at firstrepair attempt ÷ 120,000] =use deduction
WHAT IF MY VEHICLE IS NO LONGER UNDER WARRANTY?
Your vehicle may still qualify for a refund or replacement if the first repair attempt occurred during the warranty period and all other requirements are met. Our lemon law attorneys are available now to review your case and determine if you qualify for a refund or replacement.
WHAT IF MY VEHICLE DOES NOT MET THE CRITERIA FOR THE LEMON LAW PRESUMPTION?
You may still have a lemon law claim for your vehicle. Call The Darwish Law Firm today!
STEPS TO FILE A LEMON LAW CLAIM
- Take your vehicle for repair for the problem. The manufacturer needs an opportunity to repair the vehicle. For a valid claim, you need to allow the manufacturer a reasonable number of repair attempts.
- Make sure you report all problems and concerns. Before signing any repair order, make sure all problems and concerns are accurately reflected in the repair order.
- Make sure to keep all repair orders, invoices, receipts, and vehicle related documents.
- Don’t delay presenting your lemon law claim – the sooner the better!
- Contact The Darwish Law Firm
OUR GUARANTEE: IF YOU DON’T WIN, YOU DON’T OWE US ANYTHING
If you don’t win and recover money for your case, you don’t owe us anything.
We guarantee it. This is called “working on contingency.”
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You have nothing to lose and everything to gain by calling The Darwish Law Firm at (424) 369-5353 for a free lemon law case review. If you are unable to come to us, we will come to you!
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