Lemon Law
Consumers in California rely heavily on their vehicles. When you buy or lease a new vehicle, you should expect that your vehicle will perform as designed. Unfortunately, this is not always the case. When one is stuck with a “lemon,” it can often feel overwhelming.
Fortunately, the Los Angeles, CA lemon law is a consumer friendly law that requires manufacturers who manufacture a “lemon” to make it right. Our experienced legal team can help you. If the vehicle qualifies as a lemon, the manufacturer will pay your legal fees. Call us for a free consultation.
Lemon Law Lawyer Los Angeles
What is the Los Angeles, CA Lemon Law?
In 1970, California enacted the Song-Beverly Consumer Warranty Act (“Song Beverly”) found at California Civil Code Section 1790 et. seq.. Song Beverly requires manufacturers to replace a defective product or reimburse the buyer if the product cannot be repaired after a reasonable number of attempts as long as the product is under a manufacturer’s warranty.
What types of defects with respect to Vehicles typically constitute an actionable claim under the Los Angeles, CA Lemon Law Statute?
If a consumer experiences substantial impairment to the use, value or safety of the vehicle the Song-Beverly Consumer Warranty Act applies. Some typical examples of defects that warrant an actionable claim under the Los Angeles, California lemon law include (but are not limited to) the following:
Transmission Failure
Acceleration Issues
Stalling
Failure to Start
Battery issues
Recurring check engine light warning
Engine misfire
Recurring airbag warning light
Malfunctioning air conditioning and heating
Malfunctioning battery
Malfunctioning locking system
Malfunctioning speedometer
Malfunctioning fuel gauge
Malfunctioning electrical system
Malfunctioning seats/seat belts
Malfunctioning side mirrors and windshield wipers
Malfunctioning headlights, brake lights
Malfunctioning brakes/ABS brake failure
Defective Fuel Pump
Paint and/or other defects on the body of the Vehicle
Steering wheel issues
Suspension Issues
Overheating
Issues concerning the cooling system
Oil leaks and oil consumption
Water leaks
Exhaust odor
Recurring and consistent issues with Bluetooth/navigation system
Please note that the above examples of defects is not a complete list of all actionable lemon law claims, but simply common examples. There are many other types of defects that may not be listed above that would qualify as a lemon.
COMMONLY ASKED QUESTIONS
What if the dealer cannot verify the complaint does that count as a repair attempt?
If my vehicle qualifies as a lemon, how much do I have to pay an attorney?
Does the California Lemon Law Apply to Used Cars?
Does the California Lemon Law Apply to Cars Used for Business?
Does the California lemon law apply to leased cars?
If my vehicle qualifies as a lemon, what damages am I entitled to?
What if I am nowhere near your office in Burbank?
How is the Mileage Offset Calculated?
The mileage offset is calculated by taking the purchase price of the vehicle and multiplying it by the miles driven by the consumer at the first repair attempt that qualifies the vehicle as a lemon and dividing it by 120,000 miles (the average life span of a vehicle in lemon law).
Here Is an Example of the How Mileage Offset Is Calculated
The purchase price of a vehicle is $25,000 dollars and it is paid entirely in cash. The consumer takes in the vehicle to the dealership for repair at 1,000, 2,000, 3,000 and 4,000 miles and the vehicle is deemed a lemon as a result of all of the four repair attempts. Hence, multiply $25,000 (purchase price) x 1,000 (first repair attempt) = 25,000,000/120,000 = $208.33. Based on this scenario, the client would receive $25,000 – $208.33 = $24,791.67 after the mileage offset is calculated.
How many consumer complaints warrant an actionable claim for a vehicle under the Los Angeles, California lemon law?
A vehicle manufacturer must repurchase or replace a vehicle if the manufacturer is unable to repair a vehicle to conform to the manufacturer’s express warranty after a reasonable number of repair attempts. Hence, the Los Angeles, California Lemon Law does not specify a specific number for “reasonable repair attempts.” Generally, if a defect could foreseeably cause serious bodily injury or death, even two repair attempts may warrant a repurchase under the Los Angeles, California lemon law. On the other hand, if the defect is relatively less serious, perhaps impacting only the value or use of the vehicle, four or more attempts may warrant a repurchase.
In sum, there is no golden number to determine if a vehicle qualifies as a lemon. In fact, in one case, after a manufacturing defect resulted in a fire that damaged a vehicle beyond reasonable repair, the vehicle was deemed a lemon even though no prior complaints were made. Bishop v. Hyundai Motor America (1996) 44 Cal. App. 4th 750.
In addition, to the “reasonable repair attempts” criteria above, within the Song-Beverly Consumer Warranty Act, there is also a presumption guideline wherein it is presumed that a vehicle is a “lemon” if the following criteria are met:
- Within 18 months of delivery or 18,000 miles on the vehicle’s odometer (whichever comes first) there have been two or more attempts to repair a defect that could potentially cause serious bodily injury or death
- Within 18 months of delivery or 18,000 miles on the vehicle’s odometer (whichever comes first) there have been four or more attempts to repair the same warranty problem
- Within 18 months of delivery or 18,000 miles on the vehicle’s odometer (whichever comes first) the Vehicle has been at the dealership for 30 cumulative (not necessarily consecutive) days for a warranty problem
If these conditions are met, there is a presumption that the vehicle qualifies as a lemon under the Song-Beverly Consumer Warranty Act. This rebuttable presumption shifts the burden to the manufacturer to establish that despite the presumption, the consumer is not entitled to a replacement or refund (for instance the manufacturer may argue that the problem was not substantial).
Note, again that the “presumption” guideline is not the only means a vehicle qualifies as a lemon. A vehicle can qualify as a lemon after 18,000 miles and/or 18 months of delivery if the manufacturer is unable to conform to the manufacturer’s express warranty after a “reasonable number” of repair attempts. This is merely an added benefit.
The Law Offices of Alisa Goukasian Takes on Every Automaker, Including:
Los Angeles Lemon Law Attorney You Can Rely On
While you may feel helpless in this situation, we understand what you are going through and are here to help. We have helped consumers like you get the full compensation they are entitled to after purchasing a lemon. If you are looking for a Los Angeles, California Lemon Law firm “near me”, look no further than the Law Office of Alisa Goukasian.
Los Angeles, CA Lemon Lawyer Cost And Fees
If your vehicle qualifies as a lemon, the manufacturer will pay all your attorney’s fees and reimburse you for your out of pocket costs.
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Call us at (818) 242-4601 for your free consultation!