The California Lemon Law refers to the Song-Beverly Consumer Warranty Act. This law protects consumers who purchased a vehicle that was defective. Under this law, consumers can pursue claims and obtain either a replacement vehicle of equal/similar value or a full refund for the purchase price of the vehicle, plus taxes and fees.

To qualify as a lemon, vehicles must meet the following three eligibility requirements:

• The vehicle must have a defect that affects the vehicle’s use, value, or safety
• The vehicle must have been subject to a reasonable number of repair attempts
• The vehicle must be under manufacturer warranty

If the vehicle meets all requirements, then the affected consumer could pursue lemon law claims and request either a vehicle buyback or a replacement vehicle.

Some of the most common recurring issues present in MINI Coopers include the following:

• Engine overheating
• Coolant leaks
• Transmission jerking
• Transmission failure
• Electrical wiring malfunctions
• Infotainment malfunctions
• Power steering failures
• Timing chain defects
• Clutch defects
• And more

In addition to reducing the vehicle’s value, some of these defects can also prove to be unsafe, potentially resulting in dangerous accidents and a number of injuries. When this occurs, affected drivers and passengers could actually have grounds to file injury claims against the auto manufacturer under product liability law.

The different factors that can affect the value of these cases include the following:

• The severity of the defect – the more serious the issue, the higher the potential case value. Certain issues, like transmission failures, can be costly to repair, which can result in higher costs being incurred. In addition, safety-related issues generally carry greater value.
• The frequency and number of repair attempts made – if your vehicle has been in the shop multiple times for the same problem, the value will increase. Cases involving vehicles that have been out of service for repairs for 30 or more days will be stronger, resulting in a higher value.
• The age, mileage, and usage of the affected vehicle – a newer MINI with lower mileage and low use generally is associated with a higher case value when compared to an older model with wear/tear.
• The warranty coverage and repair history – when issues appear early in ownership while the warranty period is still valid, cases tend to be stronger.

In general, lemon law claims are eligible for only two types of remedy options – a vehicle buyback or a replacement vehicle. A vehicle buyback option is essentially a full refund for the total cost of the vehicle. The manufacturer repurchases the vehicle from you for the purchase price, plus taxes, registration fees, and even some out-of-pocket expenses. The replacement vehicle option is self-explanatory. The manufacturer will provide a vehicle of equal or similar value. Typically, affected consumers prefer refunds since dealing with a lemon makes them lose trust the auto maker and their vehicles.

What about cash settlements? In some cases, there is a cash settlement option in which consumers can keep their vehicle but receive compensation for the inconvenience and for all the repair costs.

No matter the main remedy option that you receive, you could also be entitled to receive compensation for any expenses incurred because of the defective vehicle, which could include rental car costs, towing costs, rideshare costs, and other expenses.

Although a vehicle buyback is a full refund, it is important to understand that the refund that you receive may be lower than what you expect. This is because, in California, a mileage offset applies, which is essentially a mileage usage fee. The refund starts with the total purchase price, including costs for factory add-ons and dealership add-ons. Next, the mileage offset is calculated. Based on the calculation used, vehicles with higher mileage at the time of the first repair attempt will have a higher deduction for mileage offset.

This is a very important question. One of the most important things to do is keep proper documentation. Keep records of all issues that come up with your car. Keep all work orders, invoices, and dealer communications. Without appropriate records, it can be nearly impossible to win a lemon law claim. Of course, it is also essential that you reach out to an experienced lemon law lawyer. An experienced lemon law attorney will be able to push to protect your rights and secure the best recovery possible.

Getting a new vehicle, no matter the make or model, should be a positive experience. If your MINI Cooper starts is defective, you should seek legal help as soon as possible. You could pursue a lemon law claim and be eligible to receive compensation. To ensure that you have a thorough understanding of the legal options available to you as a consumer protected by the lemon law, please do not hesitate to contact the expert legal team here at our law firm as soon as possible. My Lemon Law Lawyer Group is ready to guide you every step of the way.