Lemon law claims are becoming a more common occurrence across the United States as the number of auto sales rise and reliability decreases.
In a nutshell, a lemon law claim is when a consumer is sold a defective product (normally a vehicle) which is covered by a warranty given by the seller/manufacturer/distributor. The claim requires the warrantor to provide a refund (buyback) or replace the consumer good with one that works.
If you’re looking at this guide, you’re probably wondering, how do I file a lemon law claim?
As much as we’d like to tell you that lemon law claims are this straightforward, that’s simply not the case (no pun intended). There are many, many factors that go into the process of filing a lemon law California claim. Then, there are a heap of obstacles in the way of getting compensated for the full amount you are owed.
Keep in mind, auto manufacturers, in particular, have access to some of the best legal teams money can buy. These teams have built long, profitable careers out of countering lemon law claims, deterring consumer action, and using every nuanced legal tactic in the book to provide the lowest possible settlement and save their corporate clients endless sums of money.
Before we go any further, we cannot stress the importance of hiring a specialized lemon law attorney enough. Otherwise, you’re easy prey for the seasoned legal teams of the big corporate automakers.
In addition to seeking out a lemon law lawyer, you should have a decent level of knowledge related to the process of California lemon law claims. Ultimately, the more you are able to provide to your lawyer, the better position you will be in to receive a quick, comprehensive buyback.
The good news is the main points are more or less straightforward – and your knowledge of them will make a world of difference in your claim. So without further ado, let’s dive into everything consumers need to know about a lemon law claim in California.
Chapter 1: What Qualifies as a Lemon Law Claim in California?
A version of the lemon law exists in all 50 states. However, the details vary from state-to-state – mainly the legal requirements for a successful lemon law claim. For instance, in many states, the lemon law may not apply to a used vehicle. In other states, like California, as long as the vehicle is sold with an express warranty there is lemon law on used cars.
Now, the first time you realize that your car has a problem (and still under warranty) may not automatically qualify it as a lemon – no matter what state you are in. Upon discovering your new, used, or leased vehicle has a defect, the manufacturer may have several opportunities to remedy the problem.
To establish a valid lemon law claim, the most common elements usually include, but are not limited to the following lemon law California qualifications:
- The vehicle has/had a defect, covered by the warranty, which substantially impairs the vehicle’s use, value, or safety to a reasonable person in the consumers (your) specific situation.
- a. The manufacturer, through its local authorized repair facility, was given at least two or more repair opportunities.
OR
- The vehicle has been out of service for repairs for more than 30 days.
AND
- The substantial defect was not a result of the consumer (your) unreasonable or unauthorized use.
At the first sign of a problem, your course of action should be to schedule an appointment with your local warrantor authorized repair facility. Tell your service advisor about the problem and they should begin the process of working to repair it.
Does your vehicle meet the qualifications of California lemon law? Call us. Not the manufacturer or warrantor. If your vehicle meets the criteria of a lemon, your communication with the manufacturer or warrantor is over. Leave it to your lemon law lawyer to get you full compensation.
Chapter 2: How to Avoid Four Common Lemon Law Rip-Offs?
A big part of understanding how to file a lemon law claim comes down to avoiding traps.
To reiterate, the legal teams hired by the automakers know every little legal tactic there is to get out of compensating consumers for a lemon vehicle. The defense lawyers are paid large sums of money with that one simple goal in mind, pay as little money as possible for your claim. Unfortunately, this is just the world we live in.
There are a handful of common ways warrantors will try to compromise your lemon law claim with some rip-off tactics right off the bat. In this chapter, we want to go over some of the big ones and how to avoid falling prey.
Before we dive in, it’s vitally important to always remember this: the manufacturer/warrantor is NOT your friend in a lemon law claim.
They will likely try to convince you to do a number of things that will “make everything easier and quicker.” Don’t take the bait. Translated into English, this means “easier and cheaper” for the manufacturer/warrantor. The manufacturer’s number one goal in this process is to avoid compensating you for a lemon. Moreover, some of these tactics will make matters hopeless – even if you get a lemon lawyer in California after the fact.
Here are some of the most important things you can do to avoid getting ripped off.