San Francisco Lemon Law Attorney
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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 for your free consultation: (877) 215 5125.
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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.
YOUR TIME TO FILE A LEMON LAW CLAIM IS LIMITED. ACT NOW!
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.
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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.
A Full Refund for your Vehicle
Replacement of your vehicle
A cash settlement
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.
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.
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.
CALL US TO EVALUATE YOUR LEMON LAW CASE:
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
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.
San Francisco Lemon Law Lawyer Frequently Asked Questions
Why should I hire a San Francisco Lemon Lawyer?
Your vehicle may qualify as a “lemon” under California’s Lemon Law, depending on certain factors:
- Multiple Repairs: If your vehicle has required two or more repair attempts for the same issue, and the problem persists, it may be a lemon. This is especially true if the defect poses a safety risk.
- Time in the Shop: If your vehicle has been out of service for 30 or more days (total over all repairs, does not need to be consecutive) it may be considered a lemon.
- Substantial Defect: The defect must impair the vehicle’s use, value, or safety. Minor or cosmetic issues usually do not qualify.
- Within Warranty: The defect must occur during the manufacturer’s warranty period.
If your vehicle meets these criteria, get started with us to explore your rights and potential compensation.
What does a San Francisco Lemon Attorney do?
If your vehicle qualifies as a lemon, you may be entitled to:
- Refund: You can receive a full refund of the purchase price of your vehicle. This refund typically includes:
- Down payment
- Monthly payments made
- Loan Payoff
- Registration fees
- Taxes
- Incidental costs such as towing and rental car expenses.
However, the refund may be reduced by a “usage fee,” which is based on the miles driven before the defect was first reported.
- Replacement Vehicle: Instead of a refund, you may choose to receive a new, comparable vehicle as a replacement. The manufacturer is responsible for providing a vehicle of similar make, model, and options. You won’t have to pay any additional fees unless you opt for a more expensive model.
- Cash: In some instances, where you may no longer have the car or if you may want to keep the car, you may be able to get a cash settlement.
Each case is unique, so the specific compensation you’re eligible for will depend on the circumstances of your situation. Contact us today to find out how much you may be entitled to.
What are my rights under the San Francisco Lemon Law?
NOTHING! Filing a Lemon Law claim does not cost you anything. We work for you without any out-of-pocket costs to you. We cover all the costs, and once we win, win, the manufacturer is responsible for covering your attorney’s fees, expenses and court costs. This ensures that you can pursue your rights without worrying about the financial burden of legal fees. Even if we don’t win, you won’t owe us a penny. You have nothing to lose by filing a claim.
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