Sacramento Lemon Law Attorney

No, that is a common misconception — it’s not actually true. It’s important to point out that California’s Lemon Law regulations protect purchasers of both new and used vehicles (including leased vehicles), so long as there was an applicable warranty for the time period during which you made reasonable attempts to repair the defects. If you were not able to secure an extended service warranty with your purchase of a used vehicle, for example, then you would likely not be entitled to Lemon Law compensation, though you might still be entitled to compensation through other means. Commercial vehicles are also covered by California’s Lemon Law regulations, though there are a number of additional requirements of which purchasers should be aware: The vehicle at issue will not qualify as a “lemon” if the business has registered more than five vehicles, and The gross weight of the vehicle must be less than 10,000 pounds. For example, suppose that you purchase a small sedan for use as a delivery vehicle for your pizzeria, and you have five or fewer vehicles registered with your pizzeria business. Under these circumstances, you could still make use of California’s Lemon Law protections, making it an invaluable option for quickly securing compensation in a situation that might otherwise require a significant additional time investment to correct.

Not at all — in California, you have a right to arbitrate your Lemon Law dispute, but it is not mandatory that you engage with the arbitration process. In fact, arbitration is generally a poor strategy for securing compensation in the Lemon Law context, as (despite the fact that arbitrators are meant to be neutral) parties with significant industry connections and financial resources at their disposal tend to be advantaged by the arbitration process. Consider the following: an arbitrator is likely to be biased against a “one-off” plaintiff, as they are consciously or subconsciously aware that large corporations are routinely involved in litigation, and might later require their paid arbitration services. Though the process is meant to be fair and balanced, it’s undeniable that arbitrators who make decisions favorable to the manufacturer could potentially secure a future benefit.

Well, there are primarily three available options: 1) a cash settlement that is negotiated outside of the courtroom, 2) a refund that covers your vehicle purchase and related losses, or 3) reimbursement for specific expenses associated with the defective vehicle. Refunds are the most common remedy in Lemon Law cases. If your case qualifies, the manufacturer may be required to repurchase the vehicle and reimburse you for associated costs, such as taxes, registration fees, and repair expenses. They may also deduct a usage fee based on the mileage accrued before the defect appeared.

Yes, though your compensation will not be reimbursement. If your vehicle is defective but does not qualify as a “lemon,” then you can sue and recover compensation that accounts for the diminished value of your vehicle as a result of its defects. Typically, this will apply in cases where there is a defect, but it is not so severe that it prevents you from using the vehicle. For example, if your car engine makes an annoying hissing noise that has no impact on its functionality, then your vehicle might not be a “lemon,” but it certainly has a diminished value that could give rise to compensation should you choose to sue.

If your modification caused or contributed to the defect at issue, then the manufacturer has no obligation to provide compensation for resulting losses. As such, if you’ve made any modifications, you’ll have to show that the modification is not linked to the “lemon” status of your vehicle. You have a right to maximize your recovery after being sold a defective vehicle. We are hard-hitting advocates for consumers in California with the commitment, resources, and results you need to fight for your future. Call our office today to discuss your situation in more detail with one of our Los Angeles lemon law lawyers or trained legal staff, at no cost or obligation.