You did everything right – researched the vehicle, bought from a reputable dealer, and kept up with maintenance. And yet here you are, back at the shop again. At some point, a persistent defect stops being “bad luck” and starts being someone else’s legal problem.
California’s Lemon Law exists for exactly this situation, and at The Law Office of Brent D. Rawlings, we know how to use it. Our lemon law lawyer handles the process from the first filing to the final resolution, and we don’t stop until you get the refund or replacement you’re owed: no upfront costs, no fees unless we win, and a free consultation to get started.
Lemon car law is the informal name for the Song-Beverly Consumer Warranty Act, enacted in 1970 and named after the two state senators who sponsored it – Alfred H. Song and Robert G. Beverly. The word “lemon,” slang for a defective product, has British roots, likely connected to the fruit’s sourness. It became firmly attached to cars after a famous Volkswagen advertisement in the 1960s used the word to describe a flawed vehicle.
Before the law existed, manufacturers could simply refuse to honor warranties without consequence. The Song-Beverly Act changed that. In 1982, Assembly member Sally Tanner improved the law by clarifying qualification standards: a vehicle may be considered a lemon after four or more failed repair attempts for the same defect, two or more failed attempts for a safety issue, or 30 or more cumulative days out of service.
The law covers more than cars. It also includes motorcycles, RVs, boats, and other warranted consumer goods that can qualify, though vehicles are the most common application.
The law requires manufacturers to repair any substantial defect covered under warranty within a reasonable number of attempts. If they can’t, they must either buy the vehicle back or replace it, per the consumer’s choice.
A vehicle is presumed to qualify as a lemon if, within the first 18 months or 18,000 miles, it has had four or more failed repair attempts for the same defect, two or more failed attempts for a safety-related defect, or has been out of service for 30 or more cumulative days.
If you qualify for a buyback, the manufacturer must refund your down payment, monthly payments, registration, taxes, and related costs, minus a mileage deduction calculated from when the problem first appeared. A replacement must be a substantially identical vehicle.
One detail worth knowing: if you win, the manufacturer is required by law to cover your attorney’s fees. That means pursuing a Lemon Law claim carries no financial risk on your end.
You don’t always need an attorney for a Lemon Law claim, but in most cases, having one makes a huge difference. Manufacturers routinely deny legitimate claims or make early settlement offers that fall well short of what the law actually entitles you to, counting on consumers not knowing any better. If that’s happening to you, an attorney can make them reconsider their offer.
If the manufacturer is pushing you toward their own arbitration program, be cautious! Those programs tend to favor the manufacturer. An attorney can tell you if arbitration makes sense or if going to court is the better choice. And if your defect is safety-related, those cases carry more legal weight and benefit from proper handling.
Not sure if your vehicle even qualifies? That’s worth finding out before you give up. The qualifying criteria have nuances that manufacturers are happy to exploit. A lemon law lawyer can review your repair history and give you an understandable answer.
And since the manufacturer is required to cover your legal fees if you win, there’s no financial reason to go it alone.
You’ll need to document every repair visit, establish that the manufacturer had a reasonable number of opportunities to fix the defect, calculate the full value of what you’re owed, and send a formal written notice to the manufacturer before any legal action can begin.
Manufacturers deal with these claims regularly and know exactly how to minimize their payouts. So getting an attorney involved early is important. We handle the documentation, notices, negotiations, and legal filings. And since the manufacturer covers your attorney’s fees if you win, it costs you nothing to have professional representation from day one.
A defective vehicle can be a safety problem, not just a financial one. If your car’s defect caused an accident or injury, you may have grounds for both a Lemon Law California claim and a separate personal injury claim at the same time. At The Law Office of Brent D. Rawlings, we handle both.
Our personal injury law practice areas cover a wide range of cases beyond Lemon Law, including a car accident lawyer handling everyday collisions, a truck accident lawyer, a bus accident lawyer, a rear-end accident lawyer, a head-on car accident lawyer, and a drunk driving accident lawyer handling more complex claims. We also handle cases involving an aviation accident attorney, a water park injury lawyer, and a school injury lawyer, so wherever your situation falls, we have the experience to handle it.
If your vehicle has put you through enough, let’s talk. The consultation is free, you pay nothing unless we win, and our lemon law lawyers tell you honestly what your case is worth and how to pursue it.
If you’re thinking about working with a lawyer, it’s important that you find the right one.
