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Can I Lemon My Car If I am not a Legal Resident? – Understanding Your Rights Under the Lemon Law

Can I Lemon My Car If I am not a Legal Resident sue liable lawyer attorney

Yes, immigrants can file lemon law claims under California’s lemon law. Your immigration status does not affect your right to pursue consumer protection under the Song-Beverly Consumer Warranty Act (the CA lemon law). This law applies to any consumer who buys or leases a new or certified pre-owned vehicle that has a defect, regardless of the consumer’s legal status.

Below, we will review the law and clarify some of the questions that you may be having.

Does California Lemon Law Protect Me?

The lemon law protects anyone who purchases or leases a vehicle in California, including

  • Permanent residents

  • Visa holders

  • DACA recipients

  • Undocumented immigrants

  • Foreign students

  • Foreign workers

No matter whether you are an “illegal alien” or don’t have papers, you still have rights and may be able to file a claim under the lemon law. As long as the vehicle was purchased/leased in California and is covered by a manufacturer’s warranty, you have the same rights as any U.S. citizen.

Do I Need to have Citizenship or Social Security Number to File a Lemon Law Claim?

No, you do not need to show any information regarding citizenship, residency, green card, or social security number, to file a claim. What you will need to have to file a claim includes:

  • Proof of purchase or lease

  • Repair records

  • Evidence that the defect was unable to be repaired even after multiple repair attempts

Regardless of whether you are a legal resident or not, you could be eligible to seek a replacement vehicle, a full refund, or a cash settlement through a lemon law claim.

Understanding the California Lemon Law

The Song-Beverly Consumer Warranty Act, commonly referred to as simply the lemon law, offers protection to consumers who have purchased or leased a defective vehicle. Under the lemon law, consumers affected by a defective vehicle could pursue claims and request a full refund or a replacement vehicle. To qualify to file a lemon law claim, the vehicle must meet the definition of a “lemon.” The vehicle must meet the following requirements:

  • The vehicle must have a defect that affects the vehicle’s value, use, or safety

  • The vehicle must have a defect that cannot be repaired even after a reasonable number of repair attempts

  • The vehicle must be under the manufacturer’s warranty

What Remedies are Available Under Lemon Law?

If you pursue a lemon law claim, you may be eligible to one of the following remedies or solutions:

  • A vehicle buyback (or a full refund for the purchase price of the vehicle, plus taxes and fees, minus mileage offset)

  • A replacement vehicle of equal or similar value

  • A cash settlement (the consumer keeps their vehicle but gets a cash payout for the inconvenience or fees incurred)

In addition to these main remedies, affected consumers are likely to be compensated for any out-of-pocket costs, including towing costs, rental car costs, repair costs, and any other costs incurred due to the defective vehicle. It is also important to note that auto manufacturers will need to cover all legal fees.

Can I Lemon My Car If I am not a Legal Resident Understanding Your Rights Under the Lemon Law Experts sue lawyer attorney

What Should I Do?

To ensure that you can pursue a lemon law claim, you should do the following:

  • Keep note of the dates that the issues started

  • Keep thorough records of all repairs made

  • Keep records of the total length of time that your vehicle was in the repair shop

  • Keep all records of communications with the dealership

  • Review your purchase/lease agreement and determine whether your vehicle is still under warranty

  • Reach out to an experienced lemon law lawyer as soon as possible

Can I be Denied Protection for being an Immigrant?

No, under California law, no consumer can be denied protection based on immigration status, language, or national origin. Further, auto manufacturers cannot discriminate against you and refuse your claim simply because of your legal status in the country. To ensure that you have a thorough understanding of the legal options available to you, contact our team here at My Lemon Law Lawyer Group as soon as possible.

Hablamos español – Si su auto tiene algún defecto, usted tiene el derecho a someter un reclamo bajo la ley limón. No importa su estatus migratorio o si tiene papeles. Para más información sobre las opciones legales disponibles, no dude en comunicarse con nuestros expertos en cuanto le sea posible.

My Lemon Law Lawyer Group Can Help You!

Many people do not take any action against auto manufacturers because they believe that they do not have the right to file lemon law claims based on their immigration status. Under California law, all consumers have the right to file claims, no matter their legal status in the country. Our law firm is ready to handle your lemon law claim and fight for your rights. We are not afraid to take on any auto manufacturer to protect your rights as a consumer. If you are ready to explore the legal options available to you, contact our law firm today.