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CALIFORNIA
LEMON
LAW
HOW DOES THE CALIFORNIA LEMON LAW
WORK?
In California, strong consumer protection laws exist to safeguard buyers and lessees of vehicles. The California Lemon Law gives you legal rights if your car has repeated problems that the dealer cannot fix after a reasonable number of repair attempts. This law applies to new and certain used or leased vehicles that are still under warranty.
If your vehicle qualifies, you may be entitled to a refund, replacement, or cash compensation. Our experienced California Lemon Law attorneys have helped countless consumers get justice for their defective vehicles. We offer free consultations to review your situation and explain your options in plain language.
WHAT VEHICLES ARE COVERED?
CARS | MOTORCYCLES | BOATS | RECREATIONAL VEHICLES
USED VEHICLES
The Tanner Consumer Protection Act extends its coverage to a variety of vehicles, encompassing motorcycles, boats, and recreational vehicles. Both new and certain used vehicles can qualify as lemons, provided that the repairs occurred within the stipulated eighteen-month period from delivery and within 18,000 miles on the odometer.
LEASED VEHICLES
This law also applies to leased vehicles, as long as the lease includes a warranty. Calculating damages differs slightly in lease cases compared to purchase cases. In a purchase scenario, you might be eligible for a refund of your down payment, finance charges, or other payments made toward the problematic vehicle.
For leased vehicles, potential refunds may include the lease origination fee or any lease payments made during the vehicle's repair period. Offsets could be considered for the miles accrued on the vehicle while it was in service. The experienced consumer protection lawyers at The Lemon Pros can clarify the damages you are entitled to in your specific lemon case. Whether you made a purchase or a lease, whether the vehicle was new or used, and regardless of its type, California's lemon law is designed to provide protection for you.
CONSUMER RIGHTS
TANNER CONSUMER PROTECTION ACT
The Tanner Consumer Protection Act stands out as one of the most robust Lemon Laws in the United States. In cases where a manufacturer produces a lemon, they may be obligated to replace your new vehicle with one that is free of defects. Alternatively, the manufacturer could be required to repurchase the vehicle from you, with deductions for the mileage accumulated during your ownership.
Furthermore, the manufacturer might be compelled to cover consequential damages, such as the expenses for a rental car while your lemon undergoes repairs, along with your attorney's fees. It is crucial to meticulously document all costs incurred due to your vehicle's defect. These expenses could range from lost wages if you had to take time off work to address your lemon, to Uber and Lyft fees during the repair period, or even hotel fees if you were stranded out of town due to a breakdown.
If it can be demonstrated that these expenses resulted from the manufacturer's negligence, you may be eligible for reimbursement in your Lemon Law claim. California's Lemon Law also permits additional penalties against manufacturers found to "willfully" violate the Tanner Consumer Protection Act. These punitive damages aim to penalize manufacturers attempting to sell lemons and discourage others from taking similar shortcuts that harm consumers. The law allows awards of up to two times the cost of the proven actual damages.
For instance, if your repurchase and financial losses amounted to $25,000, you might potentially receive an additional $50,000 if it can be proven that the manufacturer deliberately ignored the law in an attempt to sell you a lemon. While punitive damages are not always applicable, they can result in substantial compensation for the inconvenience and stress endured in dealing with a new vehicle that turns out to be a lemon. It is advisable to seek guidance from an experienced lemon lawyer who is on your side to obtain an honest legal opinion on the potential availability of punitive damages in your case.
BENEFITS OF A LAWYER
In general, individuals with civil claims, such as a lemon law case, tend to recover more money when represented by an attorney compared to handling their claims independently. Several reasons contribute to this outcome. Firstly, an attorney possesses the expertise to effectively prove your claim. Understanding what evidence to present and how to address objections from the opposing lawyer can be challenging for someone unfamiliar with this specific type of claim.
The seasoned California Lemon Law attorneys at CALI LAW FIRM, APC are adept at presenting compelling cases to judges or juries. Secondly, an attorney is knowledgeable about the various types of compensation you are legally entitled to receive. You may not be aware of your eligibility for punitive damages, which can be substantial. Without understanding how to demonstrate qualification for these damages, you might miss out on significant compensation.
Additionally, a lawyer assists you in considering all the potential expenses related to your lemon. Factors such as lost wages, rental car fees, Uber receipts, and other losses may not be immediately apparent to you. A lawyer helps gather evidence of all the financial losses you've incurred, ensuring you don't overlook any owed compensation.
Arguably most crucially, a lemon lawyer advocates on your behalf. Auto manufacturers deploy extensive legal teams to defend against legitimate claims. Without your own lawyer, you may find yourself up against the formidable legal department of a large company, making it nearly impossible to protect your legal rights.
Manufacturer's lawyers do not have your best interests at heart. They may downplay the strength of your case, dispute your entitlement to adequate compensation, or even assert that you have no case at all. These individuals are actively working against you to minimize payouts.
Relying on legal advice from the opposing side is not advisable. Only your own lawyer can provide the best guidance regarding your legal rights. Your lawyer is also equipped to confront the might of a large corporation with an extensive legal department, ensuring the protection of your legal rights.