Nobody plans on buying a car that constantly breaks down, but it happens more often than you might think. Defects and frequent repairs can make even the most loyal GM customer reconsider their investment. For GM owners in California, the Chevy Lemon Law is there to ensure you won’t continue to suffer financially due to a defective vehicle.
If you are a GM owner with a “lemon” in California, this guide will walk you through all you should know. We will help you understand your rights and options under the law.
Breaking Down the GMC Lemon Law in California
California’s Lemon Law is officially known as the Song-Beverly Consumer Warranty Act. It protects consumers who unknowingly purchase defective vehicles and ensures that a manufacturer, like GM, is not above the law. The law says that if they cannot repair a vehicle’s defect after a reasonable number of attempts, they must either replace it or buy it back.
The Chevrolet Lemon Law applies to both new and certified pre-owned vehicles as long as it’s still under the manufacturer’s warranty.
What Makes a Vehicle a Lemon?
It’s important to know that not just any issue will qualify as a GMC lemon. For your GM vehicle to fall under the General Motors Lemon Law, it must meet the following criteria:
- Notable Defect: The problem must substantially affect the vehicle’s use, safety, or value. Examples include transmission failures, engine problems, faulty brakes, or electrical malfunctions.
- Repeated Repair Attempts: The manufacturer or dealer must have made a reasonable number of attempts to fix the issue. This could mean two repair attempts for safety defects, while non-safety defects may require three or more.
- Extended Repair Time in the Shop: Your GM vehicle may have been out of service for 30 days or more. If this occurred due to repairs, it may qualify as a lemon.
- Warranty Coverage: The defect must occur and be reported during the warranty period or a small window of time after it expires.
What are the Commonly Affected GM Vehicles?
While GM vehicles are generally known for their durability, certain models have been more prone to defects than others. Some of the GM vehicles that have been frequently involved in Chevy Lemon Law buyback claims include:
- Chevrolet Silverado and GMC Sierra: Known for transmission issues and electrical malfunctions.
- Chevrolet Equinox and GMC Terrain: Complaints usually revolve around engine and powertrain problems.
- Traverse and GMC Acadia: Owners of these SUVs have reported faulty brakes and transmission failures.
- Cadillac Escalade: Luxury doesn’t exempt this model from issues like suspension problems and infotainment system glitches.
If you own one of these vehicles and are experiencing recurring issues, it’s worth investigating your Lemon Law rights.
How to Start a Lemon Law Claim With General Motors
Chevy lemon cars are more common than you think, and anyone who suspects they have one can undertake the process of filing a claim under the law. The GM buyback process involves several steps, which we’ll detail below:
Gather Your Documentation
The success of your GM buyback experience depends heavily on your record keeping. Collect everything important like:
- Repair Orders: Make sure repair invoices detail the problem, the repair attempts, and the dates.
- Warranty Information: Keep a copy of your warranty handy.
- Purchase Agreement: This will prove ownership and the terms of your purchase.
- Communication Logs: Document all interactions with GM or the dealership, including emails and phone calls.
Notify General Motors
Before escalating your claim, give GM or the dealership a chance to resolve the issue. The California law requires that you notify the manufacturer directly in writing about the ongoing problems. Be clear and concise about the defect, previous repair attempts, and your expectations for resolution.
In some cases, GM may request one final opportunity to fix the issue. Cooperate with this request, but make sure you document everything.
Contact a Lemon Lawyer and File Your Lemon Law Claim
If GM cannot resolve the issue after their final attempt, you can officially file a claim. You can do this independently, but it’s preferable to work with a Lemon Law attorney to simplify the process. A Lemon lawyer will make sure you have all the necessary paperwork to support your case. They will also make sure that you stay informed every step of the way as they negotiate a fair settlement on your behalf.
What Compensation Can You Expect?
California’s Lemon Law entitles you to a vehicle replacement or a refund. Each option involves the following:
- Replacement Vehicle: General Motors may offer a replacement car with equal value and similar specs. This option works best if you want to stick with the GM brand.
- Refund: If you choose a refund, you’ll receive the full purchase price of the vehicle. However, there will be a deduction for miles you drive before you reported the first defect. This deduction is called the mileage offset, and the law has a specific formula for calculating it.
In addition, the GM repurchase program requires GM to cover other costs associated with the defect. This could include repair expenses, rental car costs, towing charges, and attorney fees (if applicable).
Why Hire a GMC Lemon Law Attorney
California’s Lemon Law is consumer-friendly, but navigating the process can be time consuming and overwhelming. Like any other large corporation, GM has teams of lawyers who may try to deny or minimize your claims. Here’s how a Lemon Law attorney can help:
- With tested negotiation skills, attorneys know how to push for the maximum compensation you deserve.
- They help you save time by handling the paperwork, negotiations, and deadlines so you don’t have to.
- Most lemon law attorneys work on a contingency basis, meaning they only get paid if you win your case.
Beyond this, when you employ a lemon lawyer, they help you avoid the following pitfalls:
- Misplacing repair orders or invoices, which can weaken your claim
- Waiting too long to take action, which could make it harder to prove your case. They’ll make sure you act as soon as you recognize a recurring defect.
- Accepting a lowball settlement offer from General Motors that doesn’t fully compensate you. They will ensure whatever GMC Lemon Law buyback offer you get reflects everything that you’ve endured as a lemon owner.
The Silver Lining on a Sour Day
Despite the frustration of dealing with a lemon, there’s good news: California’s lemon law can help you achieve justice. You must understand your rights, keep detailed records, and take prompt action to navigate the Chevy buyback program effectively. Always remember that regardless of the option you choose, you don’t have to navigate the process alone. Lemon Law attorneys from Quill & Arrow LLP are here to guide you every step of the way and get you the resolution you deserve. If your GM vehicle gives you more headaches than horsepower, don’t hesitate to explore your options. Your shot at the GMC buyback program starts here.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions