California Civil Code (CCC) §1793.22 requires vehicle manufacturers to replace a new vehicle, or make restitution to the consumer if, after making a reasonable number of attempts to repair it, the vehicle does not conform to applicable warranties.
THE STATUTE
California Code,In legal terms, a "lemon" is a car or other vehicle with major defects that affect its safety, value, or utility — and that the manufacturer has been unable to fix after a reasonable number of repair attempts or within a reasonable period of time.
California's lemon law applies to used as well as new vehicles. The protection provisions for used cars are more limited and less specific. Read on to learn how it works and whether you may have a viable claim.
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The vehicle was purchased or leased from an authorized dealership, either New or Certified Pre-Owned (CPO) with paperwork.
The vehicle was purchased or leased in the State of California.
The vehicle was taken to an authorized dealership for warranty repairs, and the dealership was unable to fix the problem(s).
The problems or defects that the vehicle is experiencing substantially impair the vehicle's use, value, or safety.
Chapter IV · The five most common questions, with the answers most attorneys make harder than they
need to be.
The manufacturer, NOT YOU! Under the California Lemon Law Statute, the manufacturer is responsible for paying the attorney’s fees, not the client. The California Lemon Law is a consumer protection law designed to place consumers in a position had the vehicle never been purchased. If you have to pay a portion of your buyback refund to an attorney, you are not made whole. That is why the manufacturer is responsible for paying your lemon law attorney’s fees on top of your buyback refund.
If your Lemon Law claim is successful, you will be entitled to receive a refund of all your payments minus a usage deduction, payoff of your loan or lease, your down payment, registration fees, and incidental damages such as towing expenses. You may also elect for a replacement vehicle. In some instances, you may receive a cash settlement and keep the vehicle. Remedies vary depending on your particular case and circumstances.
Yes, the California Lemon Law applies to all leased vehicles that come with an express/written warranty.
Yes, the California Lemon Law applies to used vehicles that were leased or purchased with an express/written warranty. This includes vehicles that were sold or leased with a Certified Pre-Owned warranty.
You should always be proactive in asserting your legal rights. Do not wait to file your claim! In order to file your timely claim, it must be brought within four (4) years from either the date you learned the vehicle was a lemon or from the date the warranty expired, whichever comes first. The date you “learned” the vehicle was a Lemon is a disputable issue that should be litigated by a competent Lemon Lawyer and is based on facts and circumstances.