A lemon law case can have unique aspects that require highly specific advice. If you need more information or wish to discuss your case in-depth, please contact us for a free consultation.
(1) Case evaluation: We analyze your case and your desired outcomes.
(2) Negotiation/Litigation: We tailor a strategy — informally, or, if necessary, through the court — to educate the manufacturer about the merits of your claim.
(3) Resolution: Outcome is achieved by settlement, mediation, arbitration, or trial. We arrange payment of the proceeds and any other settlement or judgment details. Over 99% of cases end in settlement.
If you have a valid lemon law claim, you do not lose your rights by selling or giving back your car. However, this may affect evidence in the case and the measure of your damages. It is best to seek legal advice before getting rid of your car.
Once we take your case, we do the heavy lifting. Your primary job is to give us all of the documents and facts. There will be additional participation needed if your case proceeds deep into litigation. Otherwise, having patience is your most important task.
Strictly speaking, lemon laws impose obligations on manufacturers only, but the obligations include taking responsibility for their authorized repair facilities: the dealerships.
There are also laws which implicate a dealership directly, such as for fraud or negligent repair. Contact us if you are unsure about the dealership’s role in your lemon law case.
Under California lemon law, you are not required to participate in arbitration. There may be advantages and disadvantages to doing so, however. We advise seeking counsel before making this decision, as it may have strategic implications on your claim. Contact us today for a free evaluation.
Repair orders are typically the most important pieces of evidence in a lemon law case. Any time you make a complaint, it is important to make sure that the vehicle is presented for a repair opportunity and a repair order is written.
In addition, it is important to ensure that repair orders accurately describe all of your complaints. Dealerships have been known to omit or inaccurately paraphrase complaints, which could affect your lemon law case.
It is best to keep copies of your repair records; however, if you have not kept copies, the dealership is required to produce them at your request.
While it doesn’t necessarily invalidate your lemon law case, it is best to present the vehicle for repair only to the manufacturer’s authorized dealerships. Doing otherwise may cause the defense to argue that an unauthorized repair facility’s actions contributed to the repair problem.
Your car may legally be a lemon based on as few as two repair attempts. California’s Lemon Law provides a legal presumption that the car is a lemon if any of the following occur within the first 18 months or 18k miles on the odometer, whichever comes first:
- A) Two or more repair attempts for a safety-related concern;
- B) Four or more repair attempts for any substantial concern; OR
- C) 30 total days in the shop by reason of repair attempts.
If your lemon law case meets any of these three standards, it is harder for the manufacturer to refute. However, you may have a valid claim even without these criteria.