Use Authorized Dealerships for Lemon Law Repairs
January 4, 2025- Categories: Lemon Law Lemon Law FAQs
Provisions of California’s lemon law often call for repairs to remedy lemon law issues. If you have been sold a lemon, the question is: Who is responsible for your lemon repairs? The dealership? The manufacturer? In most cases, the manufacturer is liable for lemon law repairs. However, the dealership also may bear some liability.
Dealing with a lemon and need help? The attorneys at Neale & Fhima have been helping car buyers for years, and we are ready to meet with you. Call 949-661-1007 today for a case review and consultation. Take the next step to getting back on the road.
Understanding California’s Lemon Law
The lemon law in California protects consumers from losing money on substandard vehicles, be they new or used. However, not all automobiles fall under the protection of the law. Only certain vehicles qualify.
Under Manufacturer or Dealer Warranty
For an owner to benefit from lemon law provisions, their vehicle must be under a manufacturer or dealership vehicle warranty. This applies to both new and used vehicles. Used vehicles are often bought and sold while under the original “out-of-the-box” warranty, also called the manufacturer’s new car warranty. Used vehicles without a warranty do not qualify for lemon law protection.
Multiple Repair Attempts
One instance of car trouble isn’t going to win you relief under the lemon law. However, if you have repeated problems with the same warranty defect, and the dealer cannot find a permanent, reasonable fix, you may qualify for lemon law remedies.
The necessary number of repair attempts depends on the circumstances. However, there is a presumption that a reasonable number of attempts have been made when any of the following is true:
- Four or more attempts have been made.
- The vehicle issue could cause serious bodily injury or death and has undergone at least two unsuccessful repair attempts.
- The vehicle has experienced a total of 30 days or more (consecutive or nonconsecutive), and the problem has not been remedied.
Keep in mind that the problem ailing your vehicle must be one that is covered by the manufacturer’s warranty, such as faulty or improperly assembled parts.
The Importance of Authorized Dealerships
Authorized dealerships are the partners manufacturers rely on to get their cars into the hands of consumers. For lemon law purposes, the operative word here is “authorized.” Lemon law provisions apply only to cars obtained at authorized dealerships.
If you have car troubles with a recently purchased new or slightly used vehicle, your first action will likely be to take it in to have it repaired. It is important that you take your car to the authorized dealership where you purchased it. Failing to do so could negatively impact your lemon law rights.
The Dealership’s Responsibility in Lemon Law Repairs in California
Dealerships act as intermediaries between automakers and consumers. They should be the first to be contacted when an issue arises with a vehicle under warranty. When a problem pops up, they are required to make reasonable, industry-standard efforts to repair the vehicle.
Part of their efforts typically involves communicating with the manufacturer to find solutions to persistent problems. The two work together to get the consumer back on the road in a trouble-free vehicle. These efforts must be carried out in good faith and in a timely manner.
In some unfortunate cases, dealerships drop the ball or succumb to business incentives or pressures and simply do not attend to a consumer’s needs as they should. Consumers suffer unreasonable delays or substandard repair work and find themselves trapped in a wasteful cycle. Many are unaware that they have recourse to address bad-faith dealerships: California’s lemon law.
Lemon Law Claims and Authorized Dealerships
One of the most important aspects of lemon law claims is the evidence of repair attempts. The lemon law requires that a reasonable number of repair attempts be made before relief may be granted. Proof of these attempts must come from authorized dealerships. An invoice from an independent, local mechanic’s shop won’t do.
The lawyers at Neale & Fhima understand lemon laws and know how to get justice for clients.
What to Do if You Have a Lemon
It’s inevitable that someone will purchase a lemon. If that someone happens to be you, what comes next? You may have recourse under the lemon law. However, you must carefully determine whether your vehicle purchase qualifies.
Experienced Counsel
A lemon law lawyer is your closest ally and effective advocate who knows how to get the relief you are entitled to. If you’ve got a lemon, experienced counsel can answer all of your lemon law questions, including:
- Do I have a viable lemon law claim?
- What remedies are available?
- How long will my case take?
- What happens next?
Depending on the replies to these and other questions, your attorney will take appropriate action to recover the relief you deserve, which may include:
- Vehicle replacement
- Vehicle refund
- Civil damages.
Regarding civil damages, dealerships and manufacturers that willfully act in bad faith can be led to pay civil penalties.
Record Keeping and Evidence
Remember that a successful lemon law claim must have proper evidence, including evidence of repair attempts by authorized dealerships. Evidence of your car’s performance outside of the dealership will also be helpful, such as video footage and witness testimony. When it’s time to see a lawyer, bring whatever relevant documents and evidence you have for as thorough a consultation as possible.
Exercise Your Lemon Law Rights
You must exercise your lemon law rights to receive protection from them. Bad dealers know this and hope consumers suffer in silence with the lemons they are sold. The last thing they want you to do is to consult with an attorney who will not only fill you in on your rights but also fight vigorously to defend them.
If you are battling a lemon, California’s lemon law may be of great help to you. Contact Neale & Fhima, lemon law lawyers, at 949-661-1007 to discuss your case and learn what’s next.
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.
