Under the Song-Beverly Consumer Warranty Act, vehicles must meet certain requirements to be considered a “lemon.” To qualify as a lemon, the vehicle must

• Have a defect that affects use, value, or safety

• Be under the manufacturer’s warranty

• Have been subject to a reasonable number of repair attempts

If these three elements are present, then your vehicle may qualify as a lemon. Some of the most common issues that can ultimately lead to vehicles being lemons can include engine failure, transmission issues, electrical failures, brake defects, airbag defects, and more. It is important to note that even minor defects can be enough for a vehicle to be a lemon under the lemon law.

To ensure that your claim is successful, you will need to have properly documented the defect present in your vehicle. You will need to start gathering evidence from the very first repair made. Examples of the records that you should keep include the following:

• Repair orders and invoices from each repair shop visit

• Work order notes describing the issue reported, present, and any repairs performed

• Mileage at each repair visit

• Dates of every repair attempts made (including how long the vehicle was in the shop each time)

• Copies of all communications between you, the dealer, and the manufacturer, including texts, emails, or letters (for phone communications, take note of the date, time, and name of the person you spoke with, along with a brief summary of the conversation)

The California law requires that the manufacturer be given a final chance to repair the defect before a lemon law claim is filed. This needs to be a written notice to the manufacturer’s customer service or warranty department and must include the following information:

• Your full name and contact details

• The vehicle identification number (VIN)

• Description of the ongoing defect

• Copies of all previous repair orders

• A request for a final repair attempt under lemon law

This notice should be sent by certified mail with a return receipt requested, for proof of delivery.

If you are pursuing a lemon law claim, then you need to consult with an experienced lemon law attorney. Having legal help is very important in these types of claims. A lemon law lawyer will understand the tactics often used by manufacturers and the procedures to pursue the claim. They will also handle all communications with the manufacturer, so that there is no risk of you being pressured into accepting a low settlement.

It is important to highlight that you can reach out to a lemon law lawyer at any time. Although many consumers decide to try to remedy things on their own before reaching out to a lawyer, many other consumers reach out to a lawyer as soon as they suspect their vehicle may qualify as a lemon.

Your lawyer will review the different remedy options available, which can include a vehicle buyback (a refund), a replacement vehicle, or a cash settlement (cash and keep). Your lawyer will then start the process, sending a demand letter or filing a claim. In many cases, these types of disputes settle out of court, as manufacturers generally prefer to avoid trials to reduce costs and harm to their reputation.

Our law firm is committed to holding manufacturers accountable for their defective vehicles. If your vehicle qualifies as a lemon, our team will do everything possible to ensure that your lemon law claim is successful and that you are properly compensated, whether it is through a refund or a replacement vehicle. Our lawyers have decades of experience and are fully committed to getting you justice. Contact our law firm today for a free case evaluation! Our lawyers at My Lemon Law Lawyer Group are ready to guide you every step of the way.