When you buy or lease a new car, you expect it to be reliable. Unfortunately, some vehicles turn out to have recurring problems that the dealer can’t seem to fix. California’s Lemon Law offers protection, but making a successful claim isn’t always straightforward. We’ve worked with many frustrated drivers, and we understand the common roadblocks that come up. This blog covers the most frequent challenges you might face and how we can help you through them.

Proving the Vehicle Is a “Lemon”

Not every defective car automatically qualifies as a lemon under California law. One of the biggest challenges is showing that your vehicle meets the legal definition. That usually means you’ve given the manufacturer or dealer a reasonable number of attempts to fix the issue, or the car has been out of service for a significant number of days.

The catch? The law doesn’t give a hard number in every situation. For serious safety defects, even two failed repair attempts may be enough. For other problems, it may take more. What matters most is strong documentation:

• Service records showing each visit
• Descriptions of the problem as reported to the dealership
• Dates the car was out of use

If the dealer doesn’t document things correctly or doesn’t acknowledge the issue, it can hurt your claim. That’s why we encourage clients to keep their own records from day one.

Incomplete or Missing Paperwork

A lemon law claim is only as strong as the paperwork behind it. In many cases, clients come to us after realizing that their repair records are incomplete, or worse, never issued at all.

It’s common for service centers to give vague descriptions like “could not duplicate issue” or “no problem found.” These notes might not reflect the actual complaint or may omit critical details. Other times, repair invoices are never provided or are missing information.

To help build a solid case, we recommend:

• Asking for a detailed invoice every time your car is serviced
• Taking photos or videos of recurring problems
• Keeping a timeline of when issues happened

Even if you didn’t keep everything from the start, we can help track down what’s needed.

Dealing with the Manufacturer

Once it’s clear your vehicle qualifies, the next hurdle is often the manufacturer. Some car companies cooperate quickly, but many do not. It’s common to face:

• Delays in communication
• Offers that are far below what you’re owed
• Requirements to repeat repairs or send the car to another dealer

Manufacturers have legal teams and claims departments whose job is to save money. We’ve seen them offer low refunds or deny claims entirely, even when the facts are clear. We can handle the back-and-forth and advocate for fair treatment.

Disputes Over Warranty Coverage

Another challenge is whether your car’s problems are covered under warranty. For new cars, this is usually more straightforward. However, things get more complicated for used vehicles or Certified Pre-Owned (CPO) models.

Recent court decisions have also changed how used cars are treated under the law. For example, the Rodriguez v. FCA case clarified that unless the car came with a new car warranty (like CPO coverage), buyers may not be entitled to a refund or replacement, even if a manufacturer’s warranty is still active. Repairs may still be covered, but buyback claims may be limited.

We review your warranty terms carefully and explain your rights clearly, so there are no surprises.

Recent Legal Changes and Mediation Requirements

In 2024, California passed Assembly Bill 1755, which added a new step to the lemon law process: mandatory mediation. Before you can file a lawsuit, you now have to give the manufacturer a chance to resolve the issue through mediation.

While this new process aims to speed up resolutions, it can add confusion or delay if you’re not prepared. We come to every mediation fully organized, with documents, timelines, and legal arguments ready to go. We make sure manufacturers don’t use mediation as an excuse to stall.

How We Help You Overcome These Obstacles

Lemon law claims can quickly get overwhelming, especially if you’re trying to deal with car trouble, missed work, and a manufacturer that keeps giving you the runaround. The Lemon Firm helps clients gather records, prepare claims, and deal directly with manufacturers and their lawyers. Whether your case goes through mediation or ends up in court, we’re ready to push for a resolution that reflects what you’ve been through.

You deserve a car that works—and a legal team that works for you.

Contact Our Experienced California Lemon Law Attorneys

If you’re tired of dealing with a car that keeps breaking down and a company that won’t do the right thing, contact The Lemon Firm. We’ll review your case, explain your options, and help you take the next step. Consultations are free, and you don’t pay unless we win your case.

Purchasing a new vehicle that turns out to be a lemon—one that doesn’t meet quality and performance standards—can be a frustrating experience. If you’ve purchased a lemon in California, but can’t afford an attorney, there is still hope. The good news is that several options are available to help you enforce your rights and obtain a buyback or refund for your lemon vehicle. 

Understanding Your Rights under California’s Lemon Law

The California Lemon Law protects consumers who purchase or lease vehicles that are defective or malfunctioning. If your car has persistent flaws that haven’t been sufficiently repaired after a reasonable number of repair attempts, you may be entitled to a replacement or even a full refund. 

Attempting to file a claim against the manufacturer can be challenging, especially for individuals who an attorney does not represent. While having an attorney can certainly give you an edge, it’s essential to know that you can also fight for your rights on your own, even if you’re on a budget.

Empower Yourself with Knowledge

Understanding your legal rights is the first step toward taking action against a vehicle manufacturer. In California, consumers have the legal right to pursue a refund or a replacement vehicle if the vehicle has a substantial defect covered under warranty, the defect emerged within the warranty period, and the manufacturer has made a reasonable number of attempts to fix the issue.

Stay Organized and Keep Comprehensive Records

When you’re facing a lemon, every detail counts. Meticulously document everything related to your vehicle’s repairs, including dates, descriptions of the issues, and outcomes. Keep receipts and any communication with the dealership or manufacturer. This solid documentation will serve as robust evidence if you decide to pursue your claim independently.

Tap Into Free Legal Resources

California has several non-profit organizations and legal aid clinics dedicated to helping consumers like you. Resources such as the Consumer Law Project and local legal aid societies can offer assistance with Lemon Law claims, often at no cost.

Additionally, consider contacting local law schools for further guidance. Many offer free legal assistance, where students, guided by experienced faculty, can help you understand your case and your options without incurring additional costs.

Discuss Payment Options with an Attorney 

Many attorneys offer free initial consultations. During an initial consultation, you can discuss your case and learn about your legal options without any financial commitment. You can typically call the law firm directly or fill out a contact form on their website to schedule a consultation. 

If you are concerned about the cost of hiring an attorney, consider that many Lemon Law firms offer flexible payment plans, including contingency fee arrangements. With a contingency fee plan, you won’t pay any upfront fees. Instead, the attorney will take a percentage of the settlement or award if you win your case. Be sure to discuss these options during your consultation to find a payment structure that works for you. 

Contact an Experienced Lemon Law Attorney in California

Your rights as a consumer are there to protect you, and you don’t need to face this battle alone or in silence. Before you decide to represent yourself, we recommend contacting California Consumer Attorneys, P.C. to schedule a case evaluation with one of our experienced attorneys. We offer flexible payment options that can ease your financial burdens. 

Call 833-Lemon-Firm and speak with a case analyst today!

If you’ve won a Lemon Law settlement, you may be wondering about the tax implications of the compensation you’ve received. California’s Lemon Law protects consumers who purchase defective vehicles by giving them a refund or a replacement vehicle. The tax implications associated with Lemon Law settlements can be complex and confusing. Generally, while the portion of your settlement covering a refund or replacement vehicle isn’t taxable, other portions may be considered taxable income.

What Is a Lemon Law Settlement?

California’s Lemon Law applies to new vehicles with significant defects that render them unfit for use, safe operation, or resale. The law mandates that manufacturers must provide a refund or replace the vehicle after a reasonable number of attempts to repair it have been made. The consumer and their attorney can negotiate a settlement with the car dealership out of court. Lemon law settlements typically include compensation for several types of expenses, including the fair market purchase price of the vehicle, financing costs, and other related expenses such as taxes and registration fees. 

Is My Lemon Law Settlement Considered Taxable Income?

When it comes to Lemon Law settlements, the IRS generally does not tax compensation for the refund of the purchase price or the replacement of the vehicle. These amounts are considered a restoration of the taxpayer’s original investment, not new income. However, any additional compensation received may be subject to taxation. For example, compensation for the loss of use of the vehicle, such as payments for inconvenience or emotional distress, may be considered taxable income. As a result, while a straightforward refund is non-taxable, any additional compensation beyond that amount could attract scrutiny from the IRS. You may need to report these amounts as income on your tax return.

Additionally, if your Lemon Law settlement includes punitive damages or compensation intended to cover your lost wages, those portions are typically considered taxable income. Your settlement agreement should categorize the various components of the settlement amount, enabling you to report any taxable income accurately on your tax return. Consulting with an attorney and tax professional can help you navigate the specifics of your settlement, ensuring you understand which parts are taxable and which are not to avoid potential penalties for misreporting.

Taxation of Lemon Law Settlements at the State Level

California follows similar rules for taxing settlements at the state level. Compensation that is considered a restoration of your original purchase, such as a vehicle buyback, is not taxable. However, any additional compensation for the lost use of your vehicle or punitive damages may also be considered taxable income under California law. 

The Importance of Documentation for Tax Reporting

It’s important to maintain detailed records of your Lemon Law case and settlement. Keep a copy of your settlement agreement, any correspondence with the manufacturer, and records of the expenses you incurred due to your vehicle’s defects. These documents will be necessary if the IRS or the California Franchise Tax Board questions how you reported your settlement on your tax forms.

Contact a Lemon Law Attorney in California 

Navigating the tax implications of a lemon law settlement is a complicated but necessary task. At California Consumer Attorneys, P.C., we provide you with expert legal guidance on how to handle tax reporting for your settlement, ensuring compliance with all applicable tax laws.

The consequences of improper reporting can lead to unnecessary complications or penalties. Your rights as a consumer matter, and having the right support can make all the difference.

Call 833-Lemon-Firm and speak with a case analyst today!

Consumers naturally expect new vehicles to perform as intended. However, this is not always the reality—sometimes, vehicles can turn out to be true “lemons.” The term “lemon” refers to a vehicle that has one or more substantial defects that impair its use, value, or safety. If you’ve purchased or leased a lemon car in California, you may be entitled to a buyback of your vehicle or a replacement vehicle under the Lemon Law.

California’s Lemon Law Explained

The Song-Beverly Consumer Warranty Act, commonly referred to as the Lemon Law, protects consumers who purchase or lease new vehicles. When a new vehicle has a manufacturing defect that cannot be repaired after a reasonable number of attempts, the buyer is entitled to a replacement vehicle or a full refund. The Lemon Law applies to passenger cars, motorcycles, trucks, SUVs, and qualifying business vehicles. 

Is My Vehicle a “Lemon”?

A vehicle must meet certain criteria to qualify as a lemon under California’s Lemon Law. The vehicle must have a substantial defect that significantly affects the vehicle’s use, value, or safety. Persistent engine failures, brake problems, and electrical malfunctions are common types of defects in lemon cars.

Additionally, the vehicle must have undergone a reasonable number of repair attempts. Typically, this means that the manufacturer or dealer has had at least two attempts to fix a serious issue. If the vehicle is out of service for a total of 30 days (cumulatively) due to repairs, the buyer will likely be entitled to a buyback or a replacement vehicle. The Lemon Law covers vehicles within 18 months or 18,000 miles of their purchase, whichever comes first.

Does the Vehicle Have to Be Brand New to Be a “Lemon”?

There are several common misconceptions about lemon cars that can lead to confusion. For instance, many people believe that only new vehicles can be classified as lemons. However, California’s lemon law can also extend to used vehicles that are still covered under warranty. Consumers need to be aware of this, as it broadens the scope of their rights.

Another misconception is that a single repair attempt will qualify a car as a lemon. The law requires multiple failed attempts to fix a defect, which is where the expertise of a consumer rights attorney becomes crucial—navigating these legal waters can be challenging.

What To Do If You Think You Have a Lemon Car

If you suspect that you’ve purchased a lemon car, it’s important to keep meticulous records of all repairs, communication with the dealership, and any expenses related to the vehicle. Before taking legal action, contact the manufacturer directly to inform them of the issues. Many manufacturers have a customer service line dedicated to resolving lemon law claims.

If the manufacturer fails to repair your vehicle after a reasonable number of attempts and within a reasonable timeframe, consider consulting a consumer rights attorney who specializes in lemon law. An experienced attorney can help outline your options and guide you through the claims process. If your case meets the criteria, your attorney will help you file a claim against the manufacturer for a replacement vehicle or a refund.

Contact a Lemon Law Attorney in California 

If you’re dealing with a lemon car in California, you don’t have to go through it alone. There are laws in place to protect you, and resources available to aid you in holding manufacturers accountable. Don’t hesitate to contact 

Call 833-Lemon-Firm and speak with a case analyst today!

Buying a car can quickly become a stressful experience when problems happen at the car dealership. Car dealerships may engage in unfair or deceptive practices that cause customers financial harm and leave them feeling frustrated and powerless. 

If you’ve found yourself in such a situation, you may be wondering if you can file a lawsuit against the dealership. Understanding common reasons to sue a car dealership in California is an important first step in navigating the process to ensure you obtain the financial compensation you deserve.

Lemon Law Violations

California’s Lemon Law protects consumers who purchase or lease vehicles with substantial defects that affect the use, value, or safety of the car. If you’ve made multiple attempts to repair a defect and the dealership fails to resolve the issue, you may be eligible to file a claim under this law. California’s Lemon Law requires dealerships to buy back defective “lemon” vehicles from consumers or provide them with a similar vehicle without defects. 

Fraudulent Practices at Car Dealerships

One common reason consumers sue car dealerships is fraud. Fraudulent practices can include misrepresentation of the vehicle’s condition, odometer tampering, or providing false information about a vehicle’s history. If a dealer knowingly hides the truth or provides false information to entice you into purchasing a vehicle, you may have grounds for a lawsuit.

Breach of Contract

When you sign a sale or lease agreement for a vehicle, you enter into a legal contract with the dealership. Suppose the dealership fails to uphold its end of the bargain, such as not delivering a vehicle in the promised condition, on time, or failing to honor a warranty. In that case, you might have a legitimate legal case for breach of contract.

Deceptive Business Practices

California has some of the strictest consumer protection laws against deceptive business practices. Consumers can take legal action against car dealerships when they engage in hidden fees, false advertising, or misleading financing terms. Additionally, if you find out that a dealership knowingly failed to inform you about serious problems that could impact your vehicle’s performance, you could have a case for taking legal action. 

How to File a Lawsuit Against a Car Dealership

The first step in filing a lawsuit is to document everything. Gather all documentation, including sales contracts, repair records, and any communication with the dealership. When you communicate with the car dealership, do so in writing whenever possible. 

Discussing your case with an attorney can help you understand your options, evaluate your case, and guide you through the legal process. If reaching a resolution through negotiation out of court isn’t possible, your attorney can help you file a lawsuit. In California, many claims against car dealerships can be filed in small claims court or superior court, depending on the amount of damages involved. 

How to Get Paid by a Car Dealership 

If you win your case, the court will award you damages, which can include compensation for repairs, loan payments, and the loss of use of your vehicle. If the dealership’s actions were particularly egregious, the court may award you punitive damages. Finally, when dealerships engage in wrongdoing, the court may order the dealership to pay all of your legal fees and costs.

Contact a Lemon Law Attorney in California 

Dealing with car dealership issues alone can feel daunting, but you don’t have to navigate them alone. Suppose you believe a car dealership has violated your consumer rights. In that case, you can take action by consulting with an experienced attorney who can advocate for the compensation you deserve. California Consumer Attorneys, P.C. will handle every aspect of your case and work diligently to get you paid. Call 833-Lemon-Firm and speak with a case analyst today!

When we purchase or lease a new vehicle from a car dealership, we expect the engine to work. Unfortunately, some vehicles are defective or “lemons” and may need an engine replacement. 

Under California’s Lemon Law, car dealerships are required to make repairs within a reasonable timeframe, including engine replacements, as well as other necessary repairs. If a car dealership is taking an unreasonable amount of time to replace the engine of your lemon vehicle, you may be entitled to compensation. 

How Long Should Engine Replacements Take in California?

The time it takes for a dealership to replace an engine can vary significantly depending on several factors, including the make and model of your vehicle, the availability of parts, and the service department’s workload. On average, the process can take anywhere from a few days to several weeks, depending on the specific issue and the necessary repairs.

The first step for the dealership will be to diagnose the issue. The diagnostic process can take a day or two, especially if multiple tests are needed to confirm that the engine is the leading cause of the problem. When an engine replacement is necessary, the dealership will need to order a new engine, a process that can take anywhere from a couple of days to several weeks.

Once the new engine arrives, the installation process typically takes an additional few days to complete. This can vary based on the complexity of the engine model and the technicians’ skill levels. In total, the entire process from diagnosis to engine replacement can take anywhere from one week to over a month. 

Pursuing a Lemon Law Claim for Unreasonable Repair Times 

California’s Lemon Law protects consumers who purchase or lease vehicles that turn out to be “lemons” with significant defects, which significantly impact their use, value, or safety. If a dealership fails to make necessary repairs promptly, especially after multiple attempts, you might be eligible to file a claim under the Lemon Law. 

As a consumer, you are entitled to a timely resolution of any significant defects. If your vehicle requires an engine replacement and the dealership fails to complete an engine replacement within a reasonable time frame, you may have grounds to pursue a claim. Specifically, suppose your vehicle is under warranty and the repair process has taken over a month. In that case, you may be eligible for a buyback of your car from the dealership or a replacement vehicle.

Am I Eligible to File a Lemon Law Claim?

Winning your Lemon Law claim will require you to show that the repair time for the engine replacement has been unreasonably long. The key factor here is what constitutes “reasonable,” which depends on the nature of the repairs needed and the communication from the dealership regarding timelines. For example, if the dealership has kept your vehicle for over 30 days without providing adequate updates or making satisfactory progress, you likely have a valid claim.

It is essential to document all communication and interactions with the dealership. Doing so will help you win your Lemon Law claim. Keep records of repair invoices, communications, and write a detailed timeline of events. You’ll also benefit from contacting an attorney who can help you negotiate with the dealership and pursue a successful outcome. Taking proactive steps to assert your rights can help you increase the likelihood of success with your Lemon Law claim.

Contact a Lemon Law Attorney in California 

If the car dealership is taking an unreasonably long time to replace the engine of a defective vehicle, you may have a valid legal claim for compensation. Don’t suffer in silence—if your vehicle is giving you a headache, act quickly to ensure your rights are protected.

Call 833-Lemon-Firm and speak with a case analyst today!

If you’ve successfully won your lemon law case, you might be wondering what comes next. Understanding what happens after winning in a lemon law case, including what form of compensation you can expect to receive for your defective vehicle, can help you ensure that your legal rights are fully upheld. 

Understanding California Lemon Laws

The Song-Beverly Consumer Warranty Act, often called California’s Lemon Law, protects consumers who purchase or lease new vehicles that fail to meet quality and performance standards. You may have a winnable lemon law case if your car has a substantial defect that can’t be fixed after several reasonable attempts. If you can prove the vehicle meets the requirements of a “lemon” under California law, the manufacturer will be compelled to take action.

The Lemon Law Victory: What Happens Next?

The vehicle manufacturer will need to take action after you win your lemon law case. Typically, they will have a specific timeframe to comply with the judgment or settlement agreement. The vehicle’s manufacturer may be required to repurchase your vehicle, replace it, or provide you with the substantial repairs necessary to bring the car up to the standards expected under warranty.

The compensation you receive can vary widely based on the specifics of your case. Generally, if you win a lemon law case, you may be entitled to one or more of the following types of compensation:

• Refund of Purchase Price: This includes the amount you paid for the car and any associated fees (like taxes, registration, etc.).
• Replacement Vehicle: In some cases, you might be able to choose a different vehicle of similar value.
• Damages for Inconvenience: If you’ve encountered significant hardships due to the lemon vehicle, you may be entitled to additional damages for your inconvenience and any related issues, such as the cost of rental car fees or lost wages.

One unique benefit of winning under California’s lemon law is that the manufacturer is usually responsible for covering your attorney’s fees. This ensures that consumers can protect their rights without worrying about the financial burden of paying for legal representation.

The Vehicle Repurchase or Replacement Process

If your case involves the repurchase of your defective vehicle by the manufacturer, the process typically begins shortly after a ruling in your favor. The manufacturer will likely inspect the vehicle and assess any damage before finalizing the buyback. 

The buyback amount will depend on the vehicle’s condition and mileage. Normal wear and tear should not significantly impact your refund, but the manufacturer may try to decrease the buyback amount if the vehicle has significant damage. 

After you win, the buyback process will take several weeks to complete while the manufacturer processes the necessary paperwork and payments. If you’re replacing your vehicle, the manufacturer will offer you a new car or a comparable model. Be sure to clarify which vehicle you’ll receive to make sure you’re satisfied with the replacement.

Protecting Your Legal Rights After Your Victory

After your legal victory, you should keep all documents associated with your case, including the judgment or settlement agreement. It’s important to have a record of what was agreed upon and any correspondence with the manufacturer. If the manufacturer fails to comply, you may need to consult your attorney to take further action.

Contact a Lemon Law Attorney in California 

If you’ve won a lemon law case in California, you likely feel a sense of relief and closure. Should any complications arise after your victory, remember that you have legal rights protected under California law. If you need personalized assistance or have questions about your lemon law case, don’t hesitate to contact the skilled lemon law attorneys at California Consumer Attorneys, P.C. 

Call 833-Lemon-Firm and speak with a case analyst today!

Commercial vehicles are essential for deliveries, transporting clients, or providing services for many California businesses. Having reliable vehicles is a crucial aspect of commercial success. When a commercial vehicle turns out to be a defective lemon, it can disrupt a business’s productivity and cause financial strain. Business owners who purchase a lemon can pursue a replacement vehicle or a refund under California’s lemon law. 

Does the Lemon Law Apply to Commercial Vehicles? 

The stakes are high for businesses relying on commercial vehicles, including trucks, vans, or other specialized vehicles. A defect in a commercial vehicle can lead to delayed deliveries, lost customers, increased operational costs, and damaged reputations. Knowing your rights and the process for making a lemon law claim is crucial for protecting your investments.

Lemon laws protect consumers from vehicles that fail to meet quality and performance standards. In California, the Song-Beverly Consumer Warranty Act (“Lemon Law”) provides legal protection for individual consumers and businesses that purchase or lease commercial vehicles. Suppose a commercial vehicle is defective and cannot be repaired after a reasonable number of attempts or has been out of service for a significant amount of time. In that case, the owner may be entitled to a replacement vehicle of a similar value or a refund.

Criteria for Filing a Lemon Law Claim in California

A commercial vehicle must meet specific criteria to qualify for lemon law protection in California.

The vehicle must have a defect that substantially impairs its use, safety, or value. This can include serious mechanical failures, persistent electrical issues, or significant safety concerns. The vehicle must be covered under a manufacturer’s or dealer’s warranty when the defect is discovered. The vehicle owner must also allow the manufacturer or dealer a reasonable opportunity to fix the defect. No specific amount of repair time is mentioned in the Lemon law. Still, generally, this involves at least two unsuccessful repair attempts for the same issue or being out of service for more than 30 days due to repairs. 

Additional Requirements for Commercial Vehicles 

Commercial vehicles need to meet additional requirements under California’s lemon law. They must primarily be used for business purposes, which can include commercial trucks, vans, or any necessary vehicle for operations. The vehicle must have been purchased in California. The business that owns the vehicle can’t have more than five vehicles registered in its name. 

The vehicle’s “gross vehicle weight” cannot exceed 10,000 pounds. Gross weight refers to the vehicle’s actual weight, not the capacity the vehicle is designed to carry when fully loaded. The 10,000-pound weight limit covers smaller sedans and trucks used by some businesses. 

How CA’s Lemon Law Protects Businesses

When a commercial vehicle qualifies as a lemon, business owners have several options for compensation. Depending on the specific type of defect, the business may be entitled to a replacement vehicle that meets the original specifications or a refund of the purchase price minus a reasonable usage fee for the time the vehicle was operational.

Suppose you suspect your commercial vehicle might be a lemon. In that case, you’ll benefit from keeping detailed records of all repairs, including dates, services performed, and any communication with the dealership or manufacturer. Document the impact of the vehicle’s defects on your business operations, such as lost contracts or delayed services. You’ll need to notify the manufacturer or dealer about the defect and give them a reasonable amount of time to repair it.

If the defects persist after reasonable repair attempts, you’ll benefit from hiring an attorney who can help you file a lemon law claim. The claims process may involve arbitration or formal legal action depending on the circumstances.

Contact a Lemon Law Attorney in California 

If you have purchased or leased a defective commercial vehicle, don’t hesitate to seek legal assistance. The Lemon Firm is dedicated to helping business owners navigate the complexities of California’s lemon law. Fill out our contact form or call 833-Lemon-Firm for a free consultation, and let our experienced team work with you to resolve your vehicle issues effectively.

When purchasing a new vehicle, consumers expect a smooth transaction that will end in them driving their new car off the lot. Unfortunately, some new vehicles are defective “lemons” due to defects or safety issues. When vehicles are stuck at the dealership for repairs, consumers can be seriously inconvenienced and may need to pay for rental vehicles or rideshare services. Understanding California’s lemon law can help you enforce your legal rights as a consumer.

In California, consumer protection laws, including our Lemon Law, are designed to ensure that buyers are treated fairly, particularly when it comes to purchasing vehicles. If you’re having issues with a car purchased from a dealership—whether it’s a mechanical problem, paperwork discrepancy, or other related issues—it’s crucial to know how long the dealership can legally hold your car during repairs or investigations.

The Timeline for a Vehicle Repair Must Be Reasonable 

Dealerships are expected to perform repairs in a timely manner. If you bring your car in for service, the dealership should provide an estimate of how long the repairs will take. California’s laws do not specify a strict timeframe for a dealership to complete repairs. However, what’s considered a “reasonable time” can be subjective. 

A common rule of thumb is that repairs should be completed within 30 days. In many cases, a car dealership can only hold your car for repairs for a maximum of 30 cumulative days across all repair attempts. If the dealership exceeds this timeframe without good reason, it may be in violation of California’s auto repair laws. Under the California Automotive Repair Act, if a repair takes longer than agreed upon, the consumer has legal rights, including obtaining a refund or seeking assistance from a consumer rights attorney.

How Long Can a Dealership Hold My Car for Repairs If It Is a Lemon?

If you purchased or leased a vehicle from a dealership, and the vehicle has ongoing issues that make it unreliable or unfit for use, California’s Lemon Law may come into play. Under this law, when a manufacturer or dealership fails to fix a substantial defect after a reasonable number of attempts, you may be entitled to a replacement vehicle or a refund.

Under California’s Lemon Law, you may have a legitimate claim if your car has been in the shop for repairs more than 30 days due to the same issue. The key here is documenting all repairs, including dates and the nature of the problems. If your dealership is holding your car due to ongoing issues, and it’s been more than 30 days, it’s advisable to consult with a consumer rights attorney who specializes in Lemon Law cases.

How to Pursue a Lemon Law Claim 

Keeping thorough documentation is crucial whether you’re dealing with an ordinary repair or a Lemon Law situation. You’ll benefit from keeping receipts for any repairs or services performed, written estimates or agreements outlining repair timelines, and communication records with the dealership.

If you believe your car is being held longer than necessary, you should communicate with the dealership and take notes about their repair estimates. Write down the names of people you speak with and keep detailed records. If the dealership will not complete the repair in a reasonable time, you can send a formal letter outlining your concerns. 

Contact a Lemon Law Attorney in California 

If the dealership continues to hold your car without explanation or resolution, consider reaching out to a consumer rights attorney. An attorney can provide legal guidance, help you understand your rights in-depth, and assist you in resolving the issue through negotiation or legal action.

For more assistance with your automotive issues and to better understand your rights, don’t hesitate to contact California Consumer Attorneys, P.C. Call 833-Lemon-Firm and speak with a case analyst today!

California’s lemon law protects consumers who purchase or lease defective vehicles that turn out to be “lemons.” If you’ve purchased or leased a defective General Motors (GM) vehicle, GM may be required to buy back your vehicle or give you another similar vehicle of equal vehicle. Understanding the requirements of GM’s buyback program can help you protect your rights as a consumer.

What Is GM’s Buyback Program?

California’s lemon law allows consumers to pursue a buyback of a defective vehicle from manufacturers, including General Motors. When a vehicle has significant defects that cannot be repaired after a reasonable number of attempts, the purchaser is entitled to a full refund of the purchase price of the vehicle. Successful claimants are also entitled to reimbursement of taxes and fees or a replacement vehicle of equal value. 

GM’s buyback program ensures that consumers who buy defective “lemon” vehicles are not left with defective vehicles. The lemon law provides significant protection for consumers who’ve purchased lemons. The law applies to a range of vehicles, including cars, trucks, and motorcycles, ensuring that consumers are not stuck with a defective vehicle. 

Do I Have a Valid Claim Under GM’s Vehicle Buyback Program?

To qualify for GM’s buyback program, the following criteria must typically be met:

• Defect Under Warranty: The defect must be covered under the manufacturer’s warranty. Problems that result from misuse, accidents, or unauthorized modifications generally do not qualify.
• Substantial Impairment: The defect must substantially impair the vehicle’s use, safety, or value. This can include issues affecting the engine, brakes, steering, or other crucial systems.
• Reasonable Repair Attempts: Consumers must allow the manufacturer or authorized dealer a reasonable number of attempts to repair the defect. Generally, making a reasonable repair attempt requires making two attempts for a serious safety defect and at least four attempts for other non-conformities. Additionally, a claim can be justified if the vehicle is out of service for more than 30 days due to repairs.

How to Start a Buyback Claim with GM

If you believe your GM vehicle qualifies for a buyback under California’s Lemon Law, here are the steps you’ll need to follow:

• Document the Problems: Keep a detailed record of all the defects, repair attempts, and communications with the dealership or manufacturer. This will serve as critical evidence if you pursue a buyback claim.
• Notify GM: Contact GM directly to report the ongoing issues. This can sometimes be done through their customer service hotline.
• Repair Attempts: Have the vehicle examined and repaired by an authorized GM dealer. 
• Contact an Attorney: If the problem persists despite multiple repair attempts, it may be time to consult with a lemon law attorney. 

What to Expect From the GM Buyback Process

If your vehicle qualifies for a buyback, the next steps involve working with GM to negotiate the terms. GM’s buyback process will include:

• Assessment of Your Vehicle’s Value: GM will determine the buyback amount based on the vehicle’s purchase price minus a reasonable depreciation for the time it was operable.
• Documentation Requirements: Be prepared to provide all documentation regarding the vehicle’s repairs, warranty status, and any other pertinent information.
• Resolution Timeline: The process can vary in length, but GM should aim to complete your claim as quickly as possible once all necessary documents are provided. 

California law dictates that consumers have the right to receive a full refund of their purchase price, taxes, registration fees, and other related costs. You may also opt for a replacement vehicle of equal value instead of a cash refund. An attorney can help you pursue additional expenses related to the defect, including rental car fees and legal fees if they successfully win their case.

Contact a Skilled Lemon Law Attorney in California 

If you own a GM vehicle that consistently experiences mechanical or safety-related problems, you may qualify for GM’s buyback program. Contact the skilled lemon law attorneys at California Consumer Attorneys, P.C. today. You can call 833-Lemon-Firm anytime to speak with a case analyst and learn more about your rights.