Lemon Law

Did You Purchase or Lease a Lemon? Learn How a Lemon Law Attorney Can Help You

A purchaser or lessee of a motor vehicle (car, truck, SUV, motorcycle, RV, etc…) has various legal rights under both state and federal law if the vehicle does not perform as expected.

Under the Song-Beverly Consumer Warranty Act, also known as California’s “Lemon Law,” you have the right to a repurchase, replacement, or cash settlement if the manufacturer is unable to repair defects that substantially impair the vehicle’s use, value and/or safety after a reasonable number of repair attempts.

California Lemon Law Covers Most Vehicles

If you purchased or leased a new or used motor vehicle in California, and it is still under the manufacturer’s warranty, it is likely covered by California’s Lemon Law.

The California Lemon Law specifically covers:

• Motor vehicles purchased or leased for household, personal, or family use;
• Motor vehicles with a gross weight of less than 10,000 lbs.;
• Motor vehicles used for business if that business has fewer than six registered vehicles;
• Used motor vehicles previously branded as a “lemon” by the manufacturer, but undisclosed to the consumer at the time of sale.

California Lemon Law for The Armed Forces

• A member of the U.S. military can use the California Lemon Law for a vehicle that was purchased outside of California so long as the member was a resident of or was stationed in California at the time of the vehicle’s sale; or
• The Lemon Law claim was filed by the U.S. military member while the person was a resident of or stationed in California.

Actions to Take if You Believe Your Vehicle is a Lemon

If you believe your vehicle may be a lemon, you must contact a California Lemon Law Attorney. Bellum Law Group’s Lemon Law Attorneys will provide you with a FREE and comprehensive evaluation of your case and decide on the best course of action for you to take.

There are no up-front costs, fees, or retainers when hiring a Lemon Law Attorney at Bellum Law Group. Under both California and Federal Lemon Laws, if your vehicle qualifies as a ‘lemon,’ the manufacturer is required to pay for your reasonable attorneys’ fees and costs. There are no out-of-pocket fees or costs for our clients. Ever.

To build the strongest possible case, gather all of the information about your vehicle and the issues in question. Having a paper trail of repairs is essential. Some documents you should gather include:

• Copies of all repair orders, which detail the defects and repair attempts to the vehicle;
• A copy of the purchase or lease contract;
• Receipts of additional expenses incurred (e.g., rental car fees & towing costs);
• Any correspondences with the manufacturer;
• Any other paperwork related to the problems with the vehicle.

The Consumer’s Rights Under the California Lemon Law

Manufacturers are given a reasonable number of attempts to repair a defective vehicle. If they are unsuccessful in doing so, the consumer has the following remedies:

• A repurchase of the lemon vehicle. A repurchase consists of a refund of all the money you spent towards the purchase or lease of your lemon vehicle. This includes the down-payment, all of your monthly payments (including tax and finance charges), and a prorated portion of your registration, minus a usage fee (the value for the time that you drove the vehicle “trouble-free”). The repurchase also consists of reimbursement for incidental and consequential expenses that you had as a result of your lemon, such as rental car fees and/or towing expenses. Lastly, the balance of your vehicle’s loan will be fully paid off.
• A replacement of the lemon vehicle. You will receive a similar make and model vehicle to replace your lemon. The replacement will likely be a current model year vehicle. Your current loan amount or lease-term, and its duration, will remain the same.
• A cash settlement, also known as “Cash & Keep.” You keep the vehicle and receive a cash settlement for the diminution of the vehicle’s value and/or the pain and hardship caused by the vehicle’s defects.

If you have purchased or leased a lemon, you should immediately contact a Lemon Law Attorney at Bellum Law Group at (888) 223-5586 for a FREE consultation!