California Lemon Law Attorney

If you’ve purchased a used car only to discover weeks, months, or even years later that it is chronically defective, you may be wondering if you have legal recourse. In some cases, the answer could be “yes.” Whether you file a lemon law claim or lodge a complaint against a fraudulent, unsavory dealership, our attorneys can answer your questions and provide legal guidance.

First, we’ll assess your situation and see if you qualify for California’s lemon law protection. That’s one of the best ways for the manufacturer to repurchase or replace a defective car, truck, or SUV.

And if you believe you were misled or the dealership engaged in fraudulent practices, you can also file a complaint with the appropriate authorities, such as the California Attorney General’s Office, Department of Motor Vehicles, or Federal Trade Commission, among others.

Whatever your situation, the skilled and experienced lemon law attorneys at Neale & Fhima can explain your legal options. We have a winning track record when it comes to lemon law cases. To find out more about how we can help, call us for a free consultation.

Neale & Fhima has a 99% success rate in lemon law cases.

Our Lemon Law Lawyer Can Help Win a Settlement

Why Choose Us?

There are a lot of attorneys in California to choose from, but we think our legal team stands head and shoulders above the rest. Here are some reasons why we feel you should choose Neale & Fhima:

• We are experienced. Our attorneys have over 40 years of combined litigation experience, and we know California’s lemon law (Civ. Code, § 1793.2 et seq.) inside and out. Attorney Aaron Fhima has reputation as a tough negotiator and litigator and recovered more than $40 million for clients. Aaron Fhima’s practice areas include lemon law and personal injury litigation, and he has a long record of success taking on large defense firms. He has secured numerous settlements and verdicts representing consumers throughout California and doesn’t hesitate to take cases to trial when necessary.
• We get results for our clients. With a 99% success rate, we have recovered in excess of $50,000,000 for our clients’ injuries and losses. You can read testimonials from our satisfied clients.
• Our achievements have earned us numerous firm and individual credentials, including The Top 40 Under 40, Super Lawyer, Rising Star, Best Attorneys of America, and Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States.
• We put our clients’ needs above all else, and firm owner, Aaron Fhima is personally involved in every single claim.
• We deal and negotiate with auto manufacturing companies, so you won’t have to.
• We offer free initial, no-obligation consultations to get you started.
• We are accessible, with offices in Dana Point, Los Angeles, San Francisco, or San Diego CA.

How Our California Lemon Law Lawyers Work for You

When a vehicle is defective and hasn’t been able to be properly repaired, it is important to investigate and find out the best way to get the manufacturer or dealer to live up to its obligations, negotiate for a fair settlement, and build your case if issues cannot be satisfactorily resolved. When you retain Neale & Fhima, we immediately start working for you. We will:

• Meet with you to discuss the problems with your vehicle, its repair history, and how the dealer has handled the case so far
• Determine if you have a valid case and are covered under the California lemon law and explain the law as relevant to your situation
• Estimate what your case may be worth and determine what you should be entitled to
• Gather and preserve evidence, such as videos, photographs, and invoices from previous repairs
• Help you file a lemon law claim in California
• Deal and negotiate with the manufacturer and their attorneys for a fair settlement, including a refund or replacement and additional civil penalties for damages
• Build your case and take it to court and advocate for you if necessary.

We provide experienced and aggressive legal representation for lemon law claims throughout California, fighting for the compensation our clients deserve. Our law firm has represented thousands of clients in lemon law and automotive fraud cases, and we understand the quirks in the state statutes and the many court opinions interpreting the laws. We put this knowledge to work for you.

Does The Lemon Law Give You Protection?

The purpose of the California lemon law is to provide legal recourse to consumers who’ve purchased defective vehicles and to protect consumers from aggressive and sometimes unethical vehicle sales tactics. The law can protect consumers who have bought both new and used vehicles.

Typical types of defects that can give rise to a lemon law claim include:

• Engine and transmission problems
• Ignition, exhaust, and fuel system problems
• Mechanical defects
• Electrical defects
• Braking problems
• Malfunctioning airbags
• Steering problems
• Wheel and tire defects.

Before filing a lemon law claim, you must make a reasonable number of attempts to get the defect fixed. So, save all your work orders, receipts, and spare parts from your repair appointments so you can prove you tried to find a solution. Then call a skilled and experienced lemon law attorney at Neale & Fhima who can file a claim on your behalf.

Lemon Law Attorney Helps with Used Car Claims

When it comes to used cars, our attorneys often get asked the question, “Does California lemon law apply to used cars?” The answer is yes, in certain circumstances. If you’ve dealt with a used car dealership that has treated you badly or sold you a lemon, you could have a legal remedy under this statute. Generally, to establish a claim under the California lemon law (also known as the Song-Beverly Consumer Warranty Act) in a used car transaction, our used car lemon law attorneys will determine if you have one of three qualifying vehicle warranties. These include:

• Transferred New Car Warranty: All new cars come with a manufacturer’s warranty. When the title (ownership) of this vehicle changes hands during the warranty period, any remaining coverage transfers, too.
• Certified Pre-Owned (CPO) Warranty: These warranties cover used vehicles that have been inspected, restored, and resold by the manufacturer. These warranties are usually less extensive than original factory warranties, but sometimes buyers can upgrade CPO warranties for a fee. Only authorized dealers can sell CPO vehicles. So, if you didn’t buy the vehicle there, you won’t have a CPO warranty.
• Lemon Law Buyback Warranty: Vehicles that are re-acquired by manufacturers after a successful lemon law case can sometimes be repaired and resold by the manufacturer. If so, offering a 12-month/12,000-mile warranty covering the prior defect is one of the law’s requirements.

Neale & Fhima are skilled and trustworthy advocates for all our clients. We are tough negotiators who stay focused on achieving the best possible outcome in your case.

What Is the Lemon Law Claims Process?

The California Attorney General’s Office

If you are having trouble with a lemon law claim, you must start the process by reporting the car dealer involved. The California Attorney General’s Office provides an online Complaint Form that you can fill out to report a business or company (such as a car dealership) that you believe is engaged in unethical practices. If you prefer, you can also fill it out and mail it in with supporting documents to:

Public Inquiry Unit
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

The phone number is (916) 210-6276 or toll free in California at (800) 952-5225.

The California Department of Motor Vehicles
If you’ve been misled or believe that a used car dealership has committed fraud, the California Department of Motor Vehicles (DMV) encourages you to take action. The DMV Investigations Division provides an online filing portal where you can lodge an official complaint. Typical violations reported here include:

• Odometer Fraud (Odometer Rollback): It is illegal for vehicle dealers, sellers, or brokers to alter odometer mileage readings to make a vehicle appear to have lower mileage.
• DMV Document Fraud: It is illegal for persons and businesses to alter, forge, falsify, or counterfeit DMV-issued documents (for example, vehicle titles, registration cards, etc.) that passed or attempted to pass as genuine. Fraud also includes false vehicle-related advertising.
• DMV Licensed Businesses Violations: It is illegal for licensed businesses, such as vehicle dealers, brokers and their salespeople, and driving and traffic schools to violate DMV regulations. Examples include vehicle contract violations, overcharging DMV fees, and failing vehicle registration transfer requirements.
• Unlicensed Businesses: It is illegal for businesses to provide vehicle-related services without a DMV-issued business license. This includes unlicensed vehicle dealers, brokers, or salespeople.

If you’ve experienced one of the above dishonest practices when interacting with a dealership, you could have a legal claim against them.

California’s Bureau of Automotive Repair

California also has a Bureau of Automotive Repair, and you can file a complaint with this agency if you believe a dealership has failed to provide trustworthy and adequate repair services on your vehicle when you took it in to be worked on by a mechanic.

Additional Assistance

The following agencies may also be able to assist with your complaints:

• Department of Consumer Affairs (dca.ca.gov) for recreational vehicle chassis, chassis cab and drive train complaints.
• Better Business Bureau (bbb.org). You may find it worthwhile to contact your local Better Business Bureau to register your complaint.
• New Motor Vehicle Board (nmvb.ca.gov) for vehicle contractual purchase or lease disputes, vehicle warranty and repair disputes, issues with used vehicles sold by a new or used dealer (lemon law), and issues with used vehicles with original warranties.

Car and Driver magazine has published a helpful article about reporting fraudulent dealerships to the proper authorities. USAgov.com provides insightful information, too, about lodging car complaints involving deceptive car ads or dealers. You can also report fraud and illegal practices to the Federal Trade Commission.

However, the California DMV makes clear that its role is not to provide legal representation or offer financial compensation for wrongs that may have been done to you by a shady used car dealership. For that, you will need to hire an attorney and seek a legal remedy in civil court.

California Lemon Law Attorney Answers FAQS

When your car is a lemon, chances are you have many questions. Most can be answered at your free initial consultation, but to get started, here are some answers to questions our lemon law attorney is often asked:

Are there time limits to filing a lemon law case in California?

Yes, California’s lemon law has a four-year statute of limitations, so a lawsuit must be filed within four years from the date you knew the vehicle was a “lemon” or should have known it was a “lemon”.. If you have had your vehicle for more than four years, you can still bring a lemon law claim.

How long does a California lemon law case take to settle?

How long a case takes to settle depends on the circumstances. Depending on the auto manufacturer and the case facts, if an agreement can be reached, a lemon law claim can be resolved within 30 days. However, cases that are more involved typically take three to six months or even longer if manufacturers refuse to repurchase or replace a lemon vehicle.

What will my California Lemon Law settlement amount be?

Settlement amounts vary greatly based on the individual circumstances of the case and factors such as the car’s make and model, as well as its age, purchase price, and mileage. In general, the newer the vehicle and the higher the initial price and the sooner you file a claim, the higher the settlement.

Who pays attorney fees in a lemon law case?

Under California’s lemon law, the car manufacturer or dealer pays attorneys’ fees and legal expenses related to your lemon law claim.

When does a car manufacturer or dealer have to pay civil penalties?

The vehicle manufacturer or dealer may have to pay civil penalties to you when it can be proven that there were willful violations of the lemon law. Penalties equal up to a maximum of twice the damages you incur.

When you have the Neale & Fhima legal team working for you, we will be there to answer your questions and address your concerns throughout the entire legal process.

Call a Skilled Attorney at Neale & Fhima for Help Today

If you have been saddled with a defective vehicle, you may be entitled to compensation under California’s lemon law, which provides a number of legal remedies to consumers, including a refund or replacement vehicle.

However, each case is different, so let the experienced legal team at Neale & Fhima determine whether your vehicle qualifies as a lemon under the law and handle all legal hurdles involved with getting you fair compensation.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.