American Lemon Law Group™

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SUMMARY

In a city as lively as San Diego, where cars are a lifeline for commuting, errands, and recreation, your vehicle isn’t just a convenience—it’s essential. But what happens when that lifeline breaks down due to recurring defects? It’s not just frustrating; it’s disruptive. That’s where California’s Lemon Law steps in, empowering consumers to hold manufacturers accountable and restore peace of mind.

At American Lemon Law Group, we don’t defer our clients to our law firms—we take on our cases ourselves. With over $50 million recovered for our clients, our team has built a reputation for direct, hands-on representation and unmatched legal experience. 

If your vehicle is suffering from defects in the engine, transmission, or other critical systems, we’re here to ensure you get the justice you deserve.

Curious to know whether you qualify under the California Lemon Law? Contact us today: (877) 215-5125.

CALL US NOW TO EVALUATE YOUR CASE

A Lemon Law Attorney in San Diego Explains the Law

California’s Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, safeguards buyers and lessees from defective vehicles. A vehicle qualifies as a “lemon” if:

  • It has a defect covered by the manufacturer’s warranty.
  • The defect significantly impacts its use, value, or safety.
  • The manufacturer or dealer fails to repair the issue after a reasonable number of attempts.

This law protects vehicles purchased or leased in the state of California, ensuring that consumers do not bear the financial burden of recurring defects.

A Lemon Law Attorney in San Diego Explains the Law

What is Considered a Lemon?

  • Substantial Defect: A problem that affects the vehicle’s functionality, safety, or value.
  • Safety Defect: A flaw posing risks to the driver, passengers, or others.
  • Non-Safety Defect: Issues that impact the vehicle’s value or use but are not immediate safety concerns.
  • Reasonable Repair Attempts: Specific criteria determine how many attempts are sufficient before legal action can be taken.

Importance of Lemon Law in Consumer Protection

California’s Lemon Law is a cornerstone of consumer protection, ensuring that manufacturers uphold their obligations to deliver safe and reliable products. Enacted to shield buyers from financial loss due to persistent defects, it provides legal recourse to those otherwise burdened by faulty vehicles.

A San Diego Lemon Law Lawyer Can Determine Whether You’re Covered

To qualify under California’s Lemon Law, your vehicle must meet these conditions:
  1. Covered by Warranty: The defect must fall within the warranty period provided by the manufacturer.
  2. Substantial Defect: The issue must impair the car’s use, safety, or value.
  3. Reasonable Repair Attempts:
    • At least two for serious safety issues.
    • At least four for the same problem.
    • Or more than 30 days out of service due to repairs.

Why Documentation is Key

Keeping thorough records is essential in order to substantiate your case. Consider: 

  • Saving repair invoices
  • Saving dealership correspondence
  • Saving warranty details 

Organized documentation ensures that your San Diego Lemon Law attorney can present a compelling argument on your behalf.

Call us to evaluate your lemon law case

Additional Documentation Tips

Consumers should maintain a repair journal that includes:

  • Dates of repair attempts.
  • Detailed descriptions of issues reported to the dealership.
  • Mileage at each service visit.
  • Communication logs with manufacturers or dealerships.

San Diego Lemon Law and Used Vehicles

Just like in other parts of California, San Diego residents purchase used vehicles, which are also covered under the Lemon Law in specific circumstances:

  • Transferred New Car Warranty: California’s Lemon Law, recently saw a significant shift due to the Supreme Court ruling in Rodriguez v. FCA US, LLC. As a result, the lemon law no longer extends to used cars with remaining original manufacturer warranties.
  • Certified Pre-Owned (CPO) Warranty: CPO are covered under the lemon law because these vehicles come with a new warranty which includes additional coverage for qualifying vehicles. 
  • Lemon Law Buyback Warranty: If the car was previously branded as a lemon, it must include a warranty for any recurring issues.
San Diego Lemon Law and Used Vehicles

Specific Scenarios for Used Vehicles

  • Private Sales: Used vehicles sold privately that do not have coverage under the Lemon Law.
  • Dealer Sales: Vehicles sold by dealerships often come with implied warranties, even if the express warranty has expired.

Buyers should carefully evaluate the type of sale to understand their legal protections.

Common Misconceptions About Used Vehicles

One common misconception is that used vehicles with remaining original manufacturers warranty qualify as lemons. However, Certified Pre-Owned (CPO) vehicles ARE still protected under the lemon law. Consumers should not hesitate to explore their rights, especially with Certified Pre-Owned (CPO) vehicles, which often come with extended warranties.

Call us to evaluate your lemon law case

San Diego Lemon Law and Used Vehicles

California’s Lemon Law entitles consumers to several remedies if their vehicle qualifies:

  • Replacement Vehicle: Manufacturers must provide a comparable replacement vehicle.
  • Full Refund: The vehicle’s purchase price may be refunded, with deductions for mileage.
  • Cash Settlement: Consumers may negotiate compensation for the defective vehicle while keeping it.
  • Coverage for Fees: The law ensures manufacturers cover legal fees associated with a successful claim.

A Full Refund for your Vehicle

Replacement of your vehicle

A cash settlement

Remedies and Calculations

Refunds and settlements are calculated based on:

  • The vehicle’s purchase price.
  • The mileage deduction for use before the defect became apparent.
  • Associated costs, such as towing or rental car expenses.

Common Manufacturer Defenses

Manufacturers often attempt to avoid liability using various defenses, such as:

  • Owner Misuse: Claiming the defect resulted from improper maintenance or misuse.
  • Aftermarket Modifications: Arguing that modifications to the vehicle caused the issue.
  • Insufficient Repair Attempts: Stating that the consumer did not provide enough opportunities for repair.

An experienced Lemon Law lawyer in San Diego can take the time to counter these defenses with evidence and documentation, ensuring your rights are protected.

Carrie A. Shumake

Carrie A. Shumake
Senior Litigation Attorney

Erik H. Whitman

Erik H. Whitman
Senior Litigation Attorney

Call American Lemon Law Group Today

Dealing with a defective vehicle can be overwhelming, but you don’t have to face it alone. At American Lemon Law Group, we take pride in our unmatched expertise and dedication to our clients. With over $50 million recovered, we have the results to prove our commitment to getting what’s justly right for our clients.

Unlike firms that refer clients, we handle the very cases that we accept to take on. Our personalized, hands-on approach ensures the best possible outcome for you. Whether your vehicle has engine troubles, transmission issues, or persistent defects, we’re here to help.

Contact us today for a free consultation and let us discuss further whether you have a Lemon Law case on your hands. 

Call us now or visit our website to schedule your free case evaluation. Help is on the way with just one phone call: (877) 215-5125

Nick Movagar Co founder & Attorney

Nick Movagar

Nick Movagar is a dedicated Lemon Law attorney with a proven record of winning cases against major defense firms. He fights tirelessly to protect consumers rights and isn t afraid to take cases to trial.