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What qualifies as a "lemon" in California?

Under the Song-Beverly Consumer Warranty Act, a vehicle is generally considered a lemon if the manufacturer or its authorized dealer has had a reasonable number of opportunities to repair a substantial warranty defect and has failed to do so. "Reasonable" is defined by a presumption: two or more repair attempts for a serious safety defect, four or more attempts for any warranty defect, or 30 or more cumulative days out of service for warranty repairs β€” all generally within the first 18 months or 18,000 miles. But the presumption is just a presumption. Cases that fall outside those thresholds can still qualify.

Do I have to own the car? What about leases?

Leased vehicles are fully covered under the Song-Beverly Act, the same as purchased vehicles. The remedy structure is similar β€” the manufacturer can be required to take the lease off your hands and reimburse what you've paid.

What about used cars?

Certified pre-owned vehicles sold with a manufacturer warranty are covered. Used vehicles sold with a remaining factory warranty are often covered. Strictly "as-is" used sales are generally not covered. Call us β€” we can tell you quickly whether your purchase fits.

How much does it cost me?

Nothing out of pocket. California's Song-Beverly Act includes a fee-shifting provision (Civil Code Β§ 1794(d)): if you prevail, the manufacturer pays your attorney's fees and costs separately. Our retainer is contingency-based β€” if we don't recover for you, you owe us nothing.

What can I recover?

Depending on your situation, you may be entitled to (1) a full repurchase β€” return the car, get your down payment, monthly payments, and loan balance back; (2) a replacement vehicle of substantially similar value; or (3) a cash settlement that lets you keep the vehicle. Willful violations can add civil penalties of up to two times your actual damages. Incidental costs like rental cars, towing, and registration are also recoverable.

How long does a lemon law case take?

Most pre-litigation cases resolve in 60 to 120 days. If the manufacturer refuses to settle reasonably and we have to file suit, the timeline extends β€” usually six months to a year, sometimes longer. We update you at every step.

What documents do I need to get started?

Three things to start: (1) your purchase or lease contract, (2) all repair orders from the dealer, and (3) a brief description of the problem. If you don't have all the repair orders, we can request them from the dealer once we're retained.

Will the manufacturer just fix the car after I file?

That's their best move β€” and we let them try, in writing, on the record. But by the time you're calling a lemon law attorney, the dealer has usually had its chances. If a repair attempt fails again after we send our demand, that's more evidence for your case, not less.

What is the "mileage offset"?

In a repurchase, the manufacturer is entitled to deduct a "mileage offset" based on the miles driven before the first repair attempt for the qualifying defect. The formula is set by Civil Code Β§ 1793.2(d)(2)(C). Manufacturers often try to inflate this number. We fight it.

Can I sue if I'm still making payments on the car?

Yes. In fact, this is the most common scenario. The repurchase includes paying off the loan balance directly to your lender so you walk away clean.

What if I already accepted a buyback offer from the manufacturer?

If you haven't signed a release, we may still be able to negotiate a better deal β€” including the attorney's fees the manufacturer would otherwise pocket. Call before you sign anything.

Does the manufacturer's arbitration program count?

You don't have to use the manufacturer's in-house arbitration program (BBB Auto Line, NCDS, etc.) before suing under Song-Beverly. In some warranty booklets the manufacturer claims you do β€” that's misleading. The statute does not require it.

Question not answered here?

Call us β€” we'll give you a straight answer on the phone in under 15 minutes.

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