Is your new car having problems? If so, and the problems arose during the manufacturer’s new car warranty, your vehicle may be a “lemon.” In order to qualify, you must meet the following criteria:
(1) The problem must substantially impair the vehicle’s use, value or safety;
(2) You have given the manufacturer, through its authorized dealer, a reasonable number of attempts to fix the problem; and
(3) The manufacturer, or its authorized dealer, cannot fix the problem.
The first requirement is that the problem must be “substantial.” For example, if the engine makes a ticking noise on starting that the dealer says is “normal,” that might not be substantial. However, if the engine makes a ticking noise that speeds up on acceleration and doesn’t go away, that noise could be the symptom of a much larger problem. In some cases, we suggest that the vehicle be checked by an expert before we can bring an action against the manufacturer.
The second requirement is that you must give the manufacturer, through its authorized dealer, a reasonable number of attempts to correct the problem. Make sure the service writer accurately records your complaints on the repair order and that he or she provides a copy before you leave. Be sure you also get a copy of the final repair order, or invoice, when you pick up the car. This will provide a record of what the technicians did to the car and may also show recalls or other communications about known problems between the manufacturer and dealer that you may not be aware of.
If you have had repeated, unsuccessful repair attempts and have contacted the manufacturer directly, ask them if there are any “technical service bulletins” that apply to the problems you’ve complained about. If so, request copies. These can also be found on the National Highway Transportation Safety Administration’s website at nhtsa.gov. Store all documents, including purchase and repair records, at home, not in your car.
If the dealer cannot fix the problem complained of after the first repair, bring the car back and ask them to try again. If the dealer still can’t fix the problem, you may take the car to another authorized dealer. If, after allowing the dealer at least four attempts for most problems, (at least two for a serious safety concern), you may need a lawyer.
You can call our firm for a free consultation. If we take your case, we get paid by the manufacturer and/or dealer, not by you. If it’s a serious safety concern, such as air bags, engine dying in traffic, or braking, don’t delay in seeking legal advice.
Even if your warranty has expired, you still may have a case if you presented your car to an authorized dealer while still under warranty. Also, if the car has been in the shop at least 30 days within the first 12 months or 12,000 miles, you may have a lemon law case.
PLEASE NOTE:
The above information is intended to give a general overview of California’s “Lemon Law” and DOES NOT constitute legal advice for your particular case. Consumer protection laws differ in different states. California law also changes periodically by way of amendments, new case law, and sometimes federal laws that conflict with state law. Your legal rights depend on your particular facts and situation.
(1) The problem must substantially impair the vehicle’s use, value or safety;
(2) You have given the manufacturer, through its authorized dealer, a reasonable number of attempts to fix the problem; and
(3) The manufacturer, or its authorized dealer, cannot fix the problem.
The first requirement is that the problem must be “substantial.” For example, if the engine makes a ticking noise on starting that the dealer says is “normal,” that might not be substantial. However, if the engine makes a ticking noise that speeds up on acceleration and doesn’t go away, that noise could be the symptom of a much larger problem. In some cases, we suggest that the vehicle be checked by an expert before we can bring an action against the manufacturer.
The second requirement is that you must give the manufacturer, through its authorized dealer, a reasonable number of attempts to correct the problem. Make sure the service writer accurately records your complaints on the repair order and that he or she provides a copy before you leave. Be sure you also get a copy of the final repair order, or invoice, when you pick up the car. This will provide a record of what the technicians did to the car and may also show recalls or other communications about known problems between the manufacturer and dealer that you may not be aware of.
If you have had repeated, unsuccessful repair attempts and have contacted the manufacturer directly, ask them if there are any “technical service bulletins” that apply to the problems you’ve complained about. If so, request copies. These can also be found on the National Highway Transportation Safety Administration’s website at nhtsa.gov. Store all documents, including purchase and repair records, at home, not in your car.
If the dealer cannot fix the problem complained of after the first repair, bring the car back and ask them to try again. If the dealer still can’t fix the problem, you may take the car to another authorized dealer. If, after allowing the dealer at least four attempts for most problems, (at least two for a serious safety concern), you may need a lawyer.
You can call our firm for a free consultation. If we take your case, we get paid by the manufacturer and/or dealer, not by you. If it’s a serious safety concern, such as air bags, engine dying in traffic, or braking, don’t delay in seeking legal advice.
Even if your warranty has expired, you still may have a case if you presented your car to an authorized dealer while still under warranty. Also, if the car has been in the shop at least 30 days within the first 12 months or 12,000 miles, you may have a lemon law case.
PLEASE NOTE:
The above information is intended to give a general overview of California’s “Lemon Law” and DOES NOT constitute legal advice for your particular case. Consumer protection laws differ in different states. California law also changes periodically by way of amendments, new case law, and sometimes federal laws that conflict with state law. Your legal rights depend on your particular facts and situation.
"Lemon Law"
Dealer Fraud
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Other Warranty Issues
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