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Do You Have an Extended Warranty?

Since 1970, California’s Lemon Law has given this state’s consumers legal protection when a vehicle manufacturing company produces and sells defective vehicles, but to exercise your Lemon Law rights, you will need the advice and services of a San Diego Lemon Law, PC attorney.

California’s Lemon Law is one reason this state leads the nation in consumer protection. It applies to some used vehicles and to most new vehicles sold and purchased in California. It applies to leased vehicles, purchased vehicles, automobiles, SUVs, trucks, and motorcycles.

If you file a Lemon Law claim and your claim prevails, the vehicle’s manufacturer must replace the vehicle or buy it back from you. However, before you may bring a Lemon Law claim, you must seek repairs – at least several times – under the manufacturer’s original warranty.

What Does the Lemon Law Provide?

The Lemon Law provides new vehicle buyers with considerable legal rights. If you buy a vehicle that’s a lemon, you are entitled by the Lemon Law to a replacement vehicle or a buy-back. You don’t have to let a vehicle dealer or manufacturer take advantage of you.

If your new vehicle is, in fact, a lemon, after you’ve taken the appropriate legal steps, a dealership or manufacturer must refund your purchase – or replace your vehicle – and reimburse you for any expenses you’ve incurred by taking legal action.

The law makes vehicle dealerships and manufacturers accountable for new vehicles sold and purchased in California when those vehicles are lemons. If you take legal action, you will need a lawyer’s help, as several legal complications may arise when you file a Lemon Law claim.

What Are Manufacturers’ Warranties?

Each new vehicle sold in California comes with a warranty from the manufacturer. Automobile manufacturers offer several types of warranties, such as basic warranties, restraint warranties, and powertrain warranties.

These warranties are good for a specific number of miles or months. However, consumers often find that when they’ve purchased a lemon, repair efforts can take time and extend past the manufacturer’s original warranty coverage period.

Can You Extend the Lemon Law’s Legal Protection Period?

However, under the California Lemon Law, that warranty period may be “tolled” (meaning it’s paused) for any period when the vehicle is undergoing repairs at a dealer.

Starting on the date when you take the defective vehicle to a manufacturer’s repair facility, the warranty period is paused, and it does not restart until repairs have been completed. In fact, the coverage period for the warranty legally extends until the vehicle is fixed, if it can be fixed.

If a vehicle’s problems emerged during the manufacturer’s original warranty period, and if the dealer had the opportunity to repair the problems before that warranty expired, the warranty period may be extended under the Lemon Law, and you may have a Lemon Law claim.

Will an Extended Warranty Help You?

Consumers in California should clearly understand that the state’s Lemon Law does not apply to any of the repairs that an “extended” warranty may cover.

The Lemon Law protects California vehicle buyers only during the manufacturer’s original warranty coverage period. An extended warranty is not the same thing. It’s essentially a service contract for vehicle repairs that are made after the manufacturer’s original warranty expires.

An extended warranty may look almost exactly like a manufacturer’s warranty, but the California Lemon Law makes the distinction. The law applies only to those repairs covered by an original manufacturer’s warranty.

When Should You Reach Out to a Lemon Law Attorney?

Although California law requires vehicle dealers and manufacturers to inform buyers regarding their rights under the Lemon Law, most buyers don’t know their Lemon Law rights because that information comes with a great deal of other information at the point of purchase.

If your vehicle meets California’s legal definition of a lemon, you are going to need the advice and services of a Southern California Lemon Law attorney. In most cases, there’s a four-year deadline for filing a Lemon Law claim; nevertheless, you’ll need to act as quickly as possible.

The four-year clock usually begins when a consumer first experiences warrantable problems with a vehicle that is covered by the manufacturer’s original warranty. Still, it’s best to act right away, while the memories are fresh and the pertinent documents haven’t been lost or tampered with.

How Will a Lemon Law Attorney Help You?

Lemon Law claims in California are often settled in fewer than ninety days, but every case and every claim is different. Your Southern California Lemon Law attorney will:

1.  explain your options and rights under the Lemon Law
2.  explain how the Lemon Law applies to your own situation
3.  negotiate a settlement of your Lemon Law claim on your behalf

Vehicle manufacturers usually settle these claims, especially when they know that a consumer is represented by a San Diego Lemon Law, PC attorney. However, if your claim is challenged or contested, your attorney will take your claim to court, where the matter will be resolved.

What Else Should You Know?

Even if a vehicle manufacturer finally offers you a replacement vehicle or a buy-back, without a Lemon Law attorney’s help, you may not receive all that you are entitled to by law. California consumers often settle for far less than the actual value of their Lemon Law claims.

Do not be that kind of consumer. Let San Diego Lemon Law, PC handle your claim from the very beginning.

Why Should You Choose San Diego Lemon Law, PC?

If you bought a vehicle in California and you think it’s a lemon, and the dealership has failed to make the same repair at least twice, you need to have your case reviewed by a Lemon Law attorney at San Diego Lemon Law, PC.

Doug Sohn is an experienced San Diego attorney who regularly negotiates Lemon Law claims and knows what it takes to succeed on your behalf. He has over four decades of legal experience and over twenty years of Lemon Law experience.

San Diego Lemon Law, PC offers a free case evaluation – with no cost or obligation – if you are the owner of a lemon. You’ll find out how the law applies in your own case, and you’ll receive the personalized, specific legal guidance you need.

If you’ve purchased a lemon, and if you satisfy the Lemon Law’s other requirements, you have the right to a replacement vehicle or a buy-back, but you must call San Diego Lemon Law, PC promptly at 619-434-0819. California law is on your side, and a good lawyer’s help is your right.

Is Your New RV a Lemon?

What are your options if you purchase a new recreational vehicle (RV) in the State of California, and that RV turns out to be a lemon? Will you have any legal recourse? How will a San Diego RV Lemon Law attorney help you?

The 1970 Song-Beverly Consumer Warranty Act, better known as California’s “Lemon Law,” is among the most extensive consumer protection statutes in the nation, but how does the Lemon Law apply to recreational vehicles in this state?

If the RV that you’ve purchased turns out to be a lemon while it’s still under the manufacturer’s warranty, you will need a lawyer’s help to exercise those rights.

How Does the Lemon Law Protect RV Owners?

If you lease or purchase an RV in this state, the Lemon Law doesn’t offer you the same protections that it offers to automobile, SUV, and truck owners, but the law does provide considerable consumer protection.

California’s Lemon Law protects consumers who buy “new motor vehicles,” but how does the law define a “new” vehicle? Because the propulsion system, the chassis, and the chassis cab of a recreational vehicle function as a “motor vehicle,” these parts are covered by the California law.

Several manufacturing defects can make your recreational vehicle into what California law considers a “lemon.” If your RV is a lemon, you must have sound, personalized legal advice and hard-hitting, effective representation from a Southern California RV Lemon Law attorney.

Are Other Recreational Vehicle Parts Covered?

California’s Lemon Law doesn’t specifically cover a recreational vehicle’s living area, but if a manufacturer offered a factory warranty for that part of your RV, you may seek compensation under the Lemon Law.

You’ll need legal help from a San Diego RV Lemon Law attorney to determine how extensively your RV is covered and if you qualify to seek compensation – with a replacement or a buy-back – under the Lemon Law.

Almost all recreational vehicles are covered under the Lemon Law, including Class A, B, and C motorhomes, travel trailers, and fifth-wheel trailers. The law even offers some protection to the owners of boats and jet-skis.

What Types of Defects Does the Lemon Law Cover?

To be eligible for Lemon Law protection, a new recreational vehicle must have a substantial defect that significantly impairs the RV’s safety, inhibits the RV’s use, or lowers its value. The most common defects found in new RVs include:

1.  steering and braking problems
2.  frame and chassis defects
3.  problems with the electrical system
4.  engine malfunctions and failures
5.  malfunctions of the “slide-out” components
6.  malfunctions of the hydraulic leveling system
7.  leaks in the sides or roof
8.  transmission failures and malfunctions

If a recreational vehicle has at least one of these problems, it may be a lemon. However, at least two tries must be made to repair the problem to be legally considered a lemon.

What Should You Do if Your RV is Defective?

If you think your new RV is a lemon, your first step is to gather the repair and sales receipts and other pertinent paperwork. Your next step is to contact a Southern California RV Lemon Law attorney.

Your receipts and other documents are essential if your Lemon Law claim is to prevail. Those documents constitute the evidence you must have to oblige an RV manufacturer to replace your recreational vehicle or to buy it back from you.

When you look for a Lemon Law attorney, don’t pay any cash in advance for your initial case evaluation. The best California Lemon Law attorneys offer a free case evaluation that provides personalized advice and explains how the Lemon Law applies to your own circumstances.

How Are Claims Settled Under the Lemon Law?

Most Lemon Law claims in California are settled privately and outside of the courtroom, so most RV owners who file a Lemon Law claim aren’t even required to make a court appearance. Most recreational vehicle manufacturers settle these claims quickly. Others, however, do not.

While most Lemon Law claims can be resolved in ninety days or less, some claims are contested. If a manufacturer challenges your claim or will not negotiate, you may have to bring a lawsuit against that manufacturer, and a Lemon Law attorney will handle that lawsuit on your behalf.

You should genuinely consider your attorney’s suggestions and recommendations, but the final decisions about your claim will be yours and yours alone.

Is a Manufacturer Required to Replace a Defective RV?

If your RV’s manufacturer agrees to buy back your recreational vehicle, your lawyer will receive an itemized offer for you to consider. If you take the offer, you will return the RV, and you will receive a buy-back check in about six more weeks.

Manufacturers aren’t required by law to replace recreational vehicles, so if you want a replacement, your lawyer will have to negotiate with the manufacturer for that replacement.

The manufacturer’s sole legal responsibility is to buy the RV back from you if your Lemon Law claim prevails. If the manufacturer agrees to replace your RV, it becomes the manufacturer’s responsibility to pay the registration fee, licensing fee, sales tax, and other upfront costs.

Your attorney will make sure that you’re treated fairly from the beginning of the Lemon Law claim process. Access to the advice and services of a California Lemon Law attorney – who will fight for justice on your behalf – is your right.

How Can You Find the Right Lemon Law Attorney?

California attorney Doug Sohn, a native of San Diego, exclusively represents Southern California consumers who need a skilled and experienced Lemon Law attorney. He has more than forty years of legal experience and more than two decades of Lemon Law experience.

Along with the San Diego Lemon Law, PC team, attorney Doug Sohn will hold your new RV’s manufacturer accountable and will see to it that your Lemon Law claim is resolved rightly – with a replacement or a buy-back, and with your legal fees – as required under the Lemon Law.

Most Lemon Law claims are settled out-of-court, but if an RV manufacturer disputes your claim, the San Diego Lemon Law, PC team will seek justice for you in a California courtroom. Learn more, or schedule a free case evaluation now by contacting San Diego Lemon Law, PC at 619-434-0819.

Is Your New Car a Lemon?

What does California’s New Car Lemon Law cover? How is a “lemon” defined by state law? What’s your recourse if the new car you’ve purchased is a lemon? When should you seek the advice of a San Diego Attorney for Faulty Vehicle Claims?

If your new car needs multiple visits to the dealership or repair shop for safety and mechanical issues, an attorney skilled in new vehicle lemon law matters can help. The Lemon Law protects consumers who’ve bought a vehicle that the dealership or the manufacturer cannot repair.

Every day in California, consumers are sold lemons. In several states, a consumer who buys a lemon has few if any legal options, but when they buy vehicles in this state, consumers have legal rights under California’s New Car Lemon Law.

What is This State’s New Car Lemon Law?

The Lemon Law, formally known as the California Song-Beverly Consumer Warranty Act of 1970, requires the manufacturers of certain consumer products to replace or buy back a faulty or defective product after a “reasonable” number of attempts to repair the product have been made.

The law covers many consumer transactions – not only new motor vehicles only. But if the vehicle you’ve purchased is a lemon, or should you purchase a lemon in the future, resolving the problem begins by learning what the Lemon Law provides.

Which Vehicles Are Subject to California’s Lemon Law?

The Lemon Law doesn’t address the private sale of a used vehicle, even if that vehicle remains under the manufacturer’s warranty. Rather, the Lemon Law covers the purchases of vehicles from dealers. Those vehicles include:

1.  automobiles, pickup trucks, vans, and SUVs
2.  vehicles purchased or leased for personal, family, and household purposes
3.  most vehicles purchased or leased primarily for business reasons
4.  dealer-owned demonstration vehicles and certain other vehicles
5.  the chassis, chassis cab, and drivetrain of a motorhome

The law applies exclusively to vehicles bought or leased at retail in California, or to a vehicle purchased or leased by an active-duty, full-time military member who was stationed or resided in California when the purchase or lease was made or when the Lemon Law claim was filed.

Is There Any Recourse For Buyers of Used Vehicles?

In some cases, the Lemon Law will also protect a consumer who buys a pre-owned vehicle if it was purchased from a dealership in California while the original manufacturer’s warranty was still in effect.

How Are Lemons Defined?

Under California’s Lemon Law, a new vehicle is considered a lemon when the following is true:

1.  There is a problem with the vehicle that is covered by the original manufacturer’s warranty, at least to start with.
2.  The problem “substantially impairs the use, value or safety of the vehicle.”
3.  The dealer has been given a reasonable opportunity to repair the problem and hasn’t been able to get it repaired..

And in most cases, if a new vehicle that was purchased or leased in California is inoperable for thirty or more days while the manufacturer’s warranty is in effect, it is considered a lemon, and the California Lemon Law requires a full replacement vehicle or a lemon law buyback.

How Do You Exercise Your Lemon Law Rights?

When you buy a vehicle in California, keep and make copies of every receipt and document related to the vehicle and repairs. You’ll probably need copies immediately for the manufacturer and dealer, and you will need more copies if you file claims under the Lemon Law.

The Lemon Law applies to new cars throughout the manufacturer’s original warranty period. If you believe your new vehicle is a lemon, and if the dealer and manufacturer have had ample opportunities to fix the problem, and they’ve failed, it’s time to call an experienced Lemon Law attorney.

How Does a California Lemon Law Claim Work?

In this state, when you buy or lease a new vehicle, if the vehicle has a recurrent or unrepairable problem or defect, after multiple efforts fail to repair the problem, the dealer or manufacturer is required by the Lemon Law to replace or buy back the vehicle.

However, to succeed with a California Lemon Law claim, you and your Southern California Lemon Law attorney must prove the defective vehicle meets the legal definition of a lemon.

Don’t try negotiating with Ford, GM, or any automobile manufacturer. Instead, you’ll need to find a Lemon Law attorney in the San Diego area who will represent your claim and negotiate effectively on your behalf.

Is There a Deadline for California Lemon Law Claims?

Don’t wait to file a Lemon Law claim. Contact an attorney immediately when you become aware that your new vehicle may legally be considered a lemon. The deadline for filing a Lemon Law Claim in California is four years, and it’s a strict deadline.

Your Lemon Law claim will not be valid for any reason after four years. But when does that four-year clock begin? It begins on the date when you “knew or should have known” that your new vehicle meets the legal definition of a lemon.

The way to determine the statute of limitations for lemon laws in your case – and in fact, to determine if you have a Lemon Law case – is to consult an attorney who regularly and effectively handles Lemon Law claims.

Meet the Team at San Diego Lemon Law, PC

Attorney Doug Sohn, a San Diego native, has practiced law in this state for over forty years, and for twenty years, he has worked exclusively for consumers who need an experienced and skilled Lemon Law attorney.

Doug Sohn and the team at San Diego Lemon Law, PC will hold your new vehicle’s manufacturer accountable and will make sure that your Lemon Law claim is resolved fairly – with a motor vehicle replacement or a complete lemon law buyback, and your legal fees – as California’s Lemon Law requires.

Overwhelmingly, most Lemon Law claims in California are settled out-of-court, but if your own claim is disputed by a manufacturer, attorney Doug Sohn will take the claim to court and advocate aggressively for the justice you need. To learn more, or to begin the Lemon Law claim process, schedule a free case evaluation now by calling San Diego Lemon Law, PC at 619-434-0819.

Doug Sohn

As a native of San Diego, attorney Doug Sohn has been practicing law in California for more than four decades. For the past 20 years, he has focused solely on assisting clients in need of an experienced lemon law attorney.

The goal of his work is simple: To make car companies give your money back. Because the client never has to pay his fees, he truly gets to focus on supporting, advising, and assisting them towards resolution. Contact us today if you have any further questions about how attorney Doug Sohn and San Diego Lemon Law, PC can help you. A defective car can significantly impact your life, and we are here to fix that for you.

Eivie Alvarado

Eivie is likely the first voice you will hear when you contact San Diego Lemon Law, PC. She fills the roles of Doug’s assistant and paralegal.

Eivie enjoys talking with clients because it is the first step towards solving their problems. If you have purchased a lemon, give her a call, you can get started.

One year ago, we published a piece about what makes a car a lemon. After people learn more about what constitutes a lemon, they have questions about whether they will have to go to trial. Many people have never had to go to court, and the idea of doing so is so daunting that they don’t contact a lemon law attorney to resolve their issues. This would be a significant mistake! Attorney Doug Sohn filmed a video addressing this concern. He explained that it “virtually never happens” due to his effort to settle these cases.

Does the same extend to arbitration? There are instances when someone assumes their case must be submitted to arbitration. They may be told this by a friend or even the car’s manufacturer. However, it is essential to know that per California’s lemon laws, choosing to take your claim to arbitration is entirely voluntary.

A Different Perspective on Arbitration 

Imagine the manufacturer or someone else telling you about the benefits of arbitration. They may point out that you will not need to hire an attorney for arbitration, it’s quicker, and the outcome is only binding to the manufacturer. In other words, you can reject the arbitrator’s decision because you aren’t bound to it.

Whereas neither of those things is false, they are somewhat misleading. For instance, why would someone choose not to hire a lemon law attorney? The law requires the manufacturer to pay your attorney’s fees. It is improbable that the manufacturer will not have an attorney at arbitration. The only people who save money when you don’t have a lemon law attorney is the manufacturer.

Anyone who has bought a lemon is eager to get their issue resolved. The idea of a “quicker” resolution may seem highly appealing. Never forget that your attorney has the same goal, but they will not rush into something to your detriment. During the discovery phase, your attorney will learn what the other party knows. There may also be a need to depose witnesses under oath to establish what happened and why. During arbitration, you have less of a right to discovery. The speed of the result comes at a cost.

Lastly, can you reject the arbitrator’s decision? Absolutely, but that decision is not sealed. The manufacturer’s attorneys may introduce the decision at trial—in the rare event that it goes this far. The idea that you can walk away makes it appear that you have nothing to lose, but that is not a genuine reflection of the situation.

Speak with a Lemon Law Attorney 

Though we touched on this above, we like to point out that our advice (and representation) is always free—at least to you. The manufacturer pays all our fees, and we will take nothing from you. If someone tells you that you need to go to arbitration or that it is in your best interest, take the time to speak to legal counsel. We want what you want: a resolution. You have nothing to lose by contacting us today to schedule a consultation.

Anyone who has owned a car is likely familiar with recalls. Suppose a vehicle’s manufacturer confirms a safety defect with a car being sold to consumers. In that case, they are obligated, by law, to send out recall notices even if they don’t know how to resolve the problem. The National Highway Traffic Safety Administration (NHTSA) oversees this process, and manufacturers must comply. There have been instances when manufacturers failed to do so, leading to significant consequences.

Takata used to be one of the largest airbag suppliers in the world, and they used to work with Honda. In 2004, Honda and Takata were aware of a defect that could have killed (at least) six people; they never reported it to the NHTSA. Honda was fined $70 million, and Takata was fined so heavily that they went bankrupt.

Dealerships can and should be prepared to fix these issues for you. For example, if you bring your car to the dealership for oil changes or scheduled maintenance, the dealership will likely search to see if there are any active recalls on your vehicle. This allows them to resolve the problem while you are already there. However, what happens when a car manufacturer discovers a hazardous defect but has no solution?

When Defects Have No Solutions

The automaker has to notify the consumers, even if there is nothing they can do about the issue. Why does this happen? The manufacturer may need more supplies to fix the issue on a mass scale, or they may still need to identify the root cause of the problem.

Up until this point, we have talked about the recalls from the POV of the manufacturer, but our true purpose is to elaborate on how negatively this impacts the consumer. Look at the Chrysler Pacifica Hybrids. The people who owned them were notified that their cars could catch fire while parked. They were also informed not to park their vehicles near any structures. In addition to how dangerous this is, it is a significant inconvenience for people. Imagine leaving your car in a parking lot while worrying about it catching fire—or destroying property because of it. Not only were 20,000 of the Pacifica Hybrids recalled, but there was also no plan for how these cars would be repaired. This is an issue that impacts millions of people each year.

Get in Touch with an Attorney To Help You

In most instances, a recall can be fixed appropriately within one attempt. However, if you have a defect that reduces the safety and functionality of your vehicle and the manufacturer cannot correct it, contact San Diego Lemon Law, PC to schedule a free consultation. We have been practicing lemon law exclusively for over 20 years and are committed to helping you. Additionally, during a lemon law case, the manufacturer will be liable for our legal fees, so you have nothing to lose.

There are a significant number of people who are unfamiliar with lemon laws until they realize they have one. To reiterate, a lemon is a car still under warranty and continually malfunctions, impacting your safety, the value of the vehicle, or your ability to use it. Discovering that there are lemon laws to protect consumers like you may feel like a godsend. Additionally, they will learn that having an attorney won’t cost them anything because the vehicle’s manufacturer pays the costs associated with your legal representation.

That said, you still need to give your attorney the documentation (and proof) they need to fight for you and your case. We are providing you with the types of questions you should ask and how to record this information to resolve your issue promptly.

It Starts With the First Issue

After you purchase your car, start a logbook. Now you have a platform for recording all the relevant information associated with your vehicle. There are several things that you will receive that you need to add to your logbook:

• Sales documents
• Registration
• The warranty
• Sales contract
• Date of purchase
• The amount you paid for it
• Any replacement parts that weren’t made by the manufacturer that you added to the car

Although we will explain how to document your issues in a moment, you must stay caught up. People may be on their second visit to the dealership before they realize they have a lemon. By having a logbook, you can record the following:

• What the defect was
• When it occurred
• How many days was the car inoperable because of it
• Who you spoke with at the dealership
• The people who worked on your car when you brought it

You Are Not The Only Person Documenting

When you bring your car into the dealership for repairs, they will document it. Every repair should come with an invoice explaining the issue and what they did to resolve it. Compare everything you write with what they record. Does it match? If not, bring this to the dealership’s attention. Although they should be aware of lemon laws, thoroughly document what they do in response to your concern.

Talk To a Lemon Law Attorney For Free

Great people can fall victim to awful cars. For the last two decades, attorney Doug Sohn has solely focused on lemon laws. Although the manufacturer will pay the costs associated with your legal representation, he remains committed to making these car companies give you your money back. Contact San Diego Lemon Law, PC to schedule a free consultation and learn more about how we can support you.

Consumers who spend tens of thousands of dollars (or potentially hundreds of thousands) deserve to get what they pay for. Imagine a single parent who trades in their only car for a new one only to discover that it continually malfunctions. The issue persists despite several trips to the dealership to repair the problem(s). Justifiably, these people demand resolution. Take comfort in knowing that lemon law attorneys understand how to deliver that. They won’t cost you anything because the manufacturer pays their fees, and California’s laws offer you significant protection in these situations.

Although you can work with a lemon law attorney to resolve your issue, we would like to provide you with a basic overview of what that process could look like. Knowing what you can expect to gain from working with a lemon law attorney will give you some peace of mind.

Getting a Refund 

If your new car has issues, take it back to the dealership because it is still under warranty. The dealership has a “reasonable number of attempts” to fix whatever problems you are experiencing. Though that may sound vague, generally, it means at least two attempts or 30 more days in the repair shop (which do not have to be continuous). Before we explain how the manufacturer will refund you, note that your attorney will not get a percentage of it. In other areas of the law, attorneys will take cases on contingency. If you get a monetary settlement, the attorney receives a portion of it.

Unlike those situations, your lemon law attorney will not take any money you receive. If you get a refund, you can expect to get back your monthly and initial down payments, and the loan will be paid off.

Additionally, if you had the car towed or needed to obtain a rental car (which is highly probable), these will be included in your refund.

Receiving a Replacement Vehicle 

Another option is that the manufacturer will give you a new vehicle in exchange for your old one, although that is not as common as a refund or repurchase.  If that happens, you simply keep your current loan and keep making the same monthly payments.  You will be compensated for towing and rental expenses just like you would with a refund. The car or truck itself will be new and “substantially identical” to the car you originally paid for.

Get in Touch With a Lemon Law Attorney 

We understand how frustrating it is to buy a car that continues to malfunction. With over 40 years of experience, we will help you find the resolution you deserve. Contact San Diego Lemon Law, PC today for a free consultation. Because the manufacturer pays our fees, we like to say that our advice and representation will not cost you anything.

California’s lemon laws give consumers the ability to take legal action after they have purchased a car that is continuously defective or needs repairs. Although we have gone over what constitutes a lemon and how your car can be categorized as one, it is important to know which defects are covered under the Song-Beverly Act (i.e., lemon law). A defect affects your ability to use the car, prevents you from operating it safely, or decreases the car’s value. However, you may encounter an issue that reduces the use, value, or safety of the vehicle that isn’t covered under the Song-Beverly Act.

What Defects Aren’t Covered?

In broad terms, the defect has to have been caused by the manufacturer. For example, aftermarket parts are things that the manufacturer did not create. Consumers may add them or replace parts with them. On average, original manufacture (OEM) parts are 60% more expensive than generic aftermarket ones. Your policy may allow your insurance company to only pay for aftermarket parts. These could affect your warranty—and lemon laws apply to vehicles that are still under the manufacturer’s warranty.

While we are on the topic of accidents, being in one doesn’t necessarily require the manufacturer to repair it because of lemon laws. What caused the accident? If you were involved in a collision because the car began pulling to one side or had defective brakes, then you need to get in contact with a lawyer. On the other hand, if you were involved in an accident that was not your fault, the at-fault driver’s insurance would likely pay for damages as opposed to the manufacturer. The dealership would also not be responsible for making repairs if you caused the accident.

Everyday wear is also not covered, but you must be careful. For example, defective brakes or premature wear on the brake pads can substantially impact your vehicle’s safety. Your brake pads’ life expectancy depends on the pads used, the car’s size, and the way you drive. Regardless, you can still expect them to last 30,000 to 70,000 miles. Don’t allow a dealership to dismiss a major issue by claiming that it is normal “wear and tear.” These issues aren’t purely subjective, and your lemon law attorney is in the best position to advise you on how to move forward.

Contact An Experienced Lemon Law Attorney 

If your car is continuously breaking down, needs repairs, or is defective, contact San Diego Lemon Law, PC for a free consultation. The car’s manufacturer pays our fees, so our representation will come at no cost to you. Don’t allow a dealership to refuse to repair your lemon because they mistakenly claim the defect is due to lack of maintenance or everyday wear. With over two decades of experience with lemon law, we are in a prime position to determine whether California’s lemon laws cover your car’s defects.