How Do I Know If My Car Or Truck
Is A Lemon?
1. Did you purchase a car or Truck with a warranty?
2. Have you taken Your car or Truck in for repairs several times under warranty but it's still not fixed?
3. Talk to An Attorney
Tired of getting the runaround from the dealership?
Used all of your time off work taking your car in for repairs over and over again?
Worried about driving your family around in a car you know is defective?
Sound familiar? You may have a lemon and you have rights.
Frequently Asked Questions
There are three main ways to qualify for the lemon law:
- Implied warranty- this means your car or truck wasn’t up to normal standards within the first year after purchase.
- Express warranty- you take your car in multiple times for the same issue and the dealer can’t fix it.
- 30 day rule- the dealership has your car or truck for over 30 days for the same repair.
There’s no one size fits all magic number to answer this question, but the law does provide some basic guidelines within the first 18 months or 18,000 miles after purchase of a new car or truck:
- At least two repair visits for serious, safety related issues
- At least four times for almost any other issue
- At least 30 days for one repair visit
Even if none of those guidelines sound like your situation yet, speaking with an experienced lemon law attorney can point you in the right direction and make sure that if you did end up with a lemon, you’ll be able to prove it!
If your car or truck qualifies as a lemon, you have the option of a repurchase (also called a buyback) or a replacement vehicle. Based on the current state of the law, a repurchase consists of:
- Your down payment
- All payments made towards the loan
- Your loan payoff
- Reasonable repair, rental, and towing costs
Standard deductions include:
- Mileage offset which is meant to compensate manufacturers for the “trouble free” miles you were able to drive the car or truck before you started having problems
- Service contracts
- Aftermarket additions
The law on this issue changed as recently as 2020.
Registration renewal and nonoperation fees are now recoverable as incidental damages if (1) they were incurred in the care and custody of the vehicle and (2) if they were incurred as a result of or incident to the manufacturer’s breach or other violation of the Song Beverly Consumer Warranty Act.
An experienced lemon law attorney will be able to tell you if you meet this criteria.
No. Unfortunately the lemon law does not provide for pain and suffering, or punitive damages. However, the law does provide for a civil penalty for willful violations of the lemon law.
A civil penalty is money in addition to your repurchase or buyback. That means it’s essentially “extra” money you would get in addition to your down payment, payments, and loan payoff.
Manufacturers hate paying civil penalties, so make sure to get an experienced lemon law attorney on your side to fight for you to get what you deserve!
Sometimes. As long as you have repair visits under the manufacturer’s warranty, you may be able to build a lemon law case.
Used car cases can be tricky, so if you think your used car or truck might be a lemon, don’t waste any more time before contacting an experienced lemon law attorney!
Depending on your circumstances, sometimes a replacement vehicle makes better sense than a repurchase. Talking to an experienced lemon law attorney can help you see all of your options and decide on the best one for you and your family.
Southern California Lemon Law Attorney Handling Cases Against All Major Automobile Manufacturers
It doesn’t matter who you’re up against,
I know how these manufacturers and their lawyers work.
I Will Help You Every Step Of The Way
Your phone calls will be returned.
You’ll get responses to your emails.
Your questions will be answered.
