How Does the Lemon Law Protect Me?
California has one of the best Lemon Laws in the country. As a matter of fact, it has been used as the model for other states. It protects consumers by mandating that if you give the manufacturer of your vehicle a reasonable number of attempts to repair your vehicle and it still isn’t fixed, you are then entitled to a new vehicle or your money back from the manufacturer. – Note: Every time you take your vehicle into a manufacturer authorized repair facility or dealership, you are giving the manufacturer one attempt to repair your vehicle, regardless of whether or not work is done on the vehicle.
What Counts as a “Reasonable Number of Repair Attempts?
It depends. Even though the standard measure is four (4) attempts at repair, this number can vary. Even two (2) attempts at repair of a significant problem that impairs the safety of the vehicle could qualify you for a refund of your money or a replacement vehicle under the Lemon Law. Or, you may qualify if the manufacturer has had 30 days or more to repair any number of problems.
My Dealer or the Manufacturer Told Me My Car Isn’t a Lemon. What Can I Do?
Call the Gayle Law Group, PC anyway. The manufacturer’s job is to minimize their expenses, and they will often tell customers they don’t have a case, even when they do. Only a qualified attorney can tell you if you have a valid claim.
What if I had Repairs Done on My Vehicle Out of State?
California’s Lemon Law applies to all cars purchased or leased in California, even if repairs were completed out of state.
What if I Purchased My Vehicle Out of State While I was in the Military?
If you purchased or leased your vehicle outside California while you were in the military and you are now serving in California, you may have Lemon Law rights in California.
How Much Will This Cost Me?
Under the law, manufacturers must pay attorney’s fees for Lemon Law cases, not the consumer. At the Gayle Law Group, PC , even if you don’t win your case, you are not responsible for paying any attorney’s fees.
How Much Can I Recover?
If your car is deemed a lemon under the law, you are entitled to all of your money back from the manufacturer, including your down payment, all of your payments made, and to getting the balance of the loan on the vehicle paid off. However, a deduction may be taken from this amount that is called is a “usage offset.” A manufacturer is permitted under the lemon law to deduct a “usage offset” from what they owe you which is based on the mileage you drove before you first took your car to the dealership for repair of the problem. The usage offset is the cost of the miles you drove before you first took your car to the dealership for repair of the problem.