San Francisco Lemon Law Attorney

California’s Lemon Law provides vital protections for consumers dealing with defective vehicles. Recent updates, including Assembly Bill 1755 and the Rodriguez v. FCA ruling, have introduced significant changes, particularly affecting used car buyers.

When you’re faced with a potential lemon, immediate action is needed. However, with limited resources, it may appear difficult to know where to start.

But, when you depend on an experienced team of San Francisco lemon law attorneys from American Lemon Law Group, you know that you’re putting your trust in the right hands. Having recovered over $50 million on behalf of our clients, we’re ready to take the time and examine the situation surrounding your vehicle.

Give us a call today at (877) 311-1133 or contact us online for your free consultation.

How American Lemon Law Group Can Help With Your Claim in San Francisco, California

At American Lemon Law Group, our award-winning legal team has over 35 years of combined experience and a 99% success rate helping clients throughout California. We’ve handled over 1,000 Lemon Law cases and are confident that we can help you as well. 

When you choose our Los Angeles lemon law lawyers representing all of California to represent you, we will:

• Analyze your repair records and warranty coverage
• Determine whether your vehicle meets Lemon Law criteria
• Handle all written notices and required documentation
• Deal directly with the manufacturer so you don’t have to
• Pursue a buyback, replacement vehicle, or financial settlement
• Ensure you pay nothing out of pocket for legal representation

Manufacturers have legal departments focused on minimizing what they owe. If you hire us, we’ll focus on protecting you and making the process as efficient and effective as possible. Contact our experienced San Francisco Lemon Law attorneys online or call (877) 311-1133 today for a free consultation.

What is Considered a Lemon Under California Law

Overview of California Lemon Law

Definition and Purpose: The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.), protects consumers who purchase or lease new or used vehicles that turn out to be lemons. A lemon is defined as a vehicle with a substantial defect covered by the manufacturer’s warranty that impairs the vehicle’s use, value, or safety, and which the manufacturer or dealer cannot repair after a reasonable number of attempts.

• Key Provisions of the Song Beverly Consumer Warranty Act: The law outlines the rights and remedies available to consumers, including the right to a refund or replacement vehicle if the manufacturer fails to repair the defect after a reasonable number of attempts.
• Important Legal Citations and Case Law Examples: Key legal citations include Cal. Civ. Code § 1793.2 (defining manufacturer’s obligations and consumer rights), § 1793.22 (outlining statutory requirements and presumptions), and § 1793.2(d)(2) (specifying available remedies). Important case law examples include Smith v. Ford Motor Co. (2019) concerning engine defects, Johnson v. GM (2020) regarding transmission issues, and Rodriguez v. Toyota (2021) dealing with safety system failures.
• Recent Updates: AB 1755 and its Impact on Lemon Law Procedures: Assembly Bill 1755, effective in phases starting January 1, 2025, introduces changes such as a pre suit notice requirement (effective April 1, 2025), adjustments to the statute
  of limitations, and expedited procedures including mandatory mediation for participating manufacturers.

Who Qualifies for Relief Under the Lemon Law?

Not all mechanical issues qualify under California’s Lemon Law, but many do. The law applies to new and used vehicles that are still under a valid warranty and that have not been altered or misused by the owner. A vehicle may be considered a lemon if a substantial defect persists after a reasonable number of repair attempts.

Generally, the law applies to:

• Passenger vehicles (cars, trucks, SUVs)
• Electric and hybrid models
• Vans and motorcycles
• Light commercial vehicles under 10,000 pounds (with limited fleet use)

The defect must impair the vehicle’s use, safety, or value. Minor cosmetic flaws or problems fixed on the first visit likely won’t qualify. However, repeated transmission issues or braking failures (to name just a few examples) might. Our lemon law attorneys can help determine your eligibility during your free case review.

Pre litigation Requirements and Manufacturer’s Right to Repair

Manufacturer’s Right to Repair (Cal. Civ. Code § 1793.2(d);

• Overview of Manufacturer Obligations: Manufacturers have the right to attempt to repair the vehicle before a consumer can pursue legal action. The law outlines the manufacturer’s obligations to make a reasonable number of repair attempts (Cal. Civ. Code § 1793.2(d)).
• Required Documentation and Evidence: Consumers must keep detailed records of all repair attempts, including dates, descriptions of the problems, and copies of repair orders.
• Repair Attempt Tracking Systems: Maintaining organized records of repair attempts is crucial, and utilizing tracking systems can help demonstrate compliance with legal requirements.

Pre litigation Procedures

• Initial Notice Requirements (Including AB 1755’s Pre-suit Notice Requirement): Consumers must provide written notice to the manufacturer about the defect, allowing them a final opportunity to repair the vehicle. AB 1755 introduces a mandatory 30-day pre-suit notice requirement effective April 1, 2025 (Cal. Civ. Code § 1793.22(c)) 
• Manufacturer Response Obligations: Manufacturers have a legal obligation to respond to consumer notices and make good-faith efforts to repair the vehicle 
• Timeline Compliance and Communication Protocols: Adhering to legal timelines and maintaining clear communication with the manufacturer throughout the process is crucial.

Warranty Requirements and Types

Express and Implied Warrantie

• Express Warranties (Cal. Civ. Code § 1791.2): Written promises made by the manufacturer or seller regarding the vehicle’s quality, performance, or durability.
• Implied Warranties (Cal. Civ. Code § 1791.1): Unwritten, automatic warranties implied by law, such as the implied warranty of merchantability, ensuring the vehicle is fit for its ordinary purpose.  

Documentation and Evidence Requirements

• Service Records Management: Maintaining organized service records is essential for documenting repair attempts and demonstrating compliance with warranty requirements
• Warranty Documentation and Repair History: Keep all warranty documents, repair orders, and communication records related to the vehicle’s defects.

New and Used Vehicle Coverage Specifics

New Vehicle Requirement

• Qualification Criteria Under State Law: New vehicles are generally covered under the manufacturer’s warranty, and California’s Lemon Law provides specific protections for new car buyers
• Repair Attempts Threshold and Documentation: The law outlines the number of repair attempts required before a vehicle can be considered a lemon, and documentation of these attempts is crucial.

Used Vehicle Coverage Requirements

• Special Considerations for Used Vehicles (Including Rodriguez v. FCA Ruling): The Rodriguez v. FCA ruling significantly impacts used car buyers, limiting lemon law remedies for vehicles not sold as Certified Pre-Owned (CPO) with a new car warranty
• Certified Pre-Owned Vehicles and Their Protections: CPO vehicles purchased with a manufacturer’s warranty are generally protected under the California Lemon Law.

Consumer Rights and Protections

Rights Under California Lemon Law

• Consumer Protections and Legal Remedies: The law provides consumers with significant protections, including the right to a refund or replacement if the manufacturer cannot repair the defect
• Presumption of Reasonable Repair Attempts: The law presumes a reasonable number of repair attempts have been made based on factors like the vehicle’s age and mileage (Cal. Civ. Code § 1793.22(b)).

Qualification Criteria for Lemon Law Claim

• Criteria for New and Used Vehicles: Specific criteria determine if a vehicle qualifies for lemon law protection, including the nature of the defect, the number of repair attempts, and the vehicle’s age and mileage 
• Documentation and Evidence Requirements: Gathering and preserving all relevant documentation, including repair orders, warranty information, and communication records, is crucial for a strong case.

Does California Lemon Law Cover Leased Vehicles?

Yes, California’s Lemon Law protects consumers who lease vehicles, not just those who buy them. If your leased car has recurring problems that haven’t been fixed under warranty, you may be entitled to legal relief.

The law applies if the defect happened while the vehicle was still under the manufacturer’s warranty. It must also affect the car’s use, safety, or value in a significant way. If the dealership can’t fix the issue after a reasonable number of attempts, the vehicle could qualify as a lemon.

Many drivers mistakenly believe leased vehicles aren’t covered. In reality, your legal rights are nearly identical to those of a buyer. Our Lemon Law attorneys in San Francisco can help you determine whether your leased vehicle qualifies and guide you through every step of your claim.

Legal Procedures and Remedies in the San Francisco Area

Arbitration Process and Consumer Right

• Consumer Rights in Arbitration: Many manufacturers use arbitration to resolve lemon law disputes. Understanding your rights in arbitration is essential 
• Manufacturer Obligations and Procedures: Manufacturers participating in arbitration must follow specific procedures and guidelines.

Alternative Dispute Resolution Option

• Mediation and Informal Settlement Procedures (Including AB 1755’s Mandatory Mediation): Mediation can be a less formal way to resolve disputes. AB 1755 introduces mandatory mediation for participating manufacturers
• Benefits and Limitations of ADR: ADR methods can offer advantages such as speed and cost- effectiveness but also have limitations. 

Manufacturer Obligations and Common Defenses

Manufacturer Obligations Under California Law

• Repair Attempt Requirements and Documentation: Manufacturers must make a reasonable number of repair attempts and provide consumers with detailed documentation of these efforts
• Compliance Timeline and Consumer Communication: Manufacturers must adhere to specific timelines for repairs and communication with consumers.

Common Manufacturer Defense Strategies

• Typical Defense Tactics and Consumer Counter- Arguments: Manufacturers may employ various defense strategies, such as blaming the consumer for the defect or arguing that repair attempts were not exhausted 
• Relevant Case Law Examples: Understanding common manufacturer defenses and relevant case law can help consumers build a stronger case.

What if the Manufacturer Offers a Settlement?

Some car manufacturers try to settle lemon claims early, but that doesn’t mean they’re offering you a fair deal. In fact, many early settlement offers are designed to save the manufacturer money, not to make you whole.

Before accepting any offer, it’s important to understand the full value of your claim. A manufacturer might offer a partial refund without covering things like registration fees, incidental expenses, or your legal right to a replacement vehicle. You could end up leaving thousands of dollars on the table.

Our lawyers can evaluate any settlement offer you receive and let you know if it meets the standards required under California law. If it doesn’t, we’ll keep fighting until it does.

Documentation Requirements and Repair Tracking

Documentation for All Stage

• Importance of Maintaining Accurate Records: Meticulous record-keeping is paramount throughout the lemon law process
• Repair Attempt Tracking Systems and Requirements: Utilizing tracking systems or spreadsheets to log repair attempts, dates, and communication can be beneficial.

Important Deadlines and Limitation

• Statutory Deadlines for Filing Claims (Including AB 1755’s Statute of Limitations): Strict deadlines apply to lemon law claims, and AB 1755 adjusts the statute of limitations to one year after the warranty expires or six years after vehicle delivery
• Limitations on Manufacturer Obligations: Understanding the limitations on manufacturer obligations can help set realistic expectations.

Get Expert Legal Help for Your Lemon Law Case

If you believe you have a lemon law case in the San Francisco area, it’s crucial to seek legal counsel from experienced attorneys who understand the complexities of California’s Lemon Law.

American Lemon Law Group has a proven track record of success, having recovered over $50 million for clients. Our team handles all cases directly, without referrals, and we have extensive experience dealing with major manufacturers, including: 

• General Motors (especially Cadillac
• Ford (with a particular focus on pickup trucks and their common transmission and engine issues)
• Fiat Chrysle
• And Mercedes

We specialize in cases involving new vehicles purchased after 2021 directly from manufacturers and have a strong track record handling vehicles that possess a history of transmission issues, engine defects, security system failures, and electric vehicle issues. We also have experience handling cases related to RVs and mobile homes.

Why Choose American Lemon Law Group for Your Lemon Case

Our team of qualified San Francisco lemon law attorneys are ready to review the details of your case and potentially advocate for your rights.  On behalf of our clients, we work tirelessly to secure the best possible outcome for your case. Contact us today at (877) 311-1133 or fill out our online form for a free consultation and let our seasoned legal team provide you with the resources and information you need to proceed.