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Lemon law settlements for defective vehicles come in all shapes and sizes. If you’re looking for a quick answer here, I’m afraid I have some bad news.
There is no “average” amount in a lemon law settlement. Every claim is different, and the outcome depends on numerous factors – including mileage of the vehicle, purchase price, brand, age, incidental costs, and much, much more.
More importantly, “settling” is NOT what you want to do in a lemon law case. If you were sold a faulty vehicle, you deserve the full refund plus reimbursement for EVERY penny spent due to the defect. In other words, if you’re seeking justice for a lemon, don’t even consider the average; keep your eyes on the maximum.
A good lemon law attorney makes no compromises in seeking justice from a manufacturer. In this post, we want to discuss the process to earn full benefits under CA lemon law.
What Defines a Lemon in California?
Lemon law exists across the US – but the details of what constitutes a lemon vary from state-to-state. In the state of California, a vehicle can be ruled a lemon if:
- It exhibits a substantial defect that impairs the safety, value, or functionality of the vehicle – and is covered under the warranty.
- The manufacturer has been given a reasonable number of repair attempts to fix the defect.
- The vehicle has been out of service for more than 30 total days for repairs.
- The defect was not caused by driver abuse,
If your vehicle meets the criteria above, you may begin the process of seeking a lemon law settlement – known as a “buyback” – with a California lemon law attorney.
What is Included in a Lemon Law Settlement?
To reiterate, the goal in a lemon law settlement is reimbursement for every penny spent on the defective vehicle. With the help of an attorney, the settlement should include reimbursement for:
- Full price paid for the defective vehicle – minus a mileage offset.
- If you financed the vehicle, this would include the down payment, all loan payments made, and the remaining balance.
- All official costs associated with the vehicle (sales tax, registration, etc.)
- Incidental costs (towing fees, hotel stays, rental car, cab fares, etc.)
- All court fees and legal expenses.
More importantly, to note, good lemon law attorneys work on a contingency fee agreement. This means they get paid a percentage of the buyback amount after the case is won – and they won’t take your case unless they think they can win. Moreover, it’s in your California lemon law lawyer’s best interest to seek the maximum amount from the manufacturer.
Consumers should NEVER have to pay a dime out-of-pocket to work with a lemon attorney. In other words, you shouldn’t avoid partnering with a skilled lemon law lawyer because you don’t think you can afford it. ANYONE can afford a lemon attorney.
Can You Seek a Settlement for Used Cars?
Most state’s lemon law only covers new vehicles. Fortunately, California is one of the few states in which lemon law covers used vehicles.
Used vehicles sold at dealerships in California generally come with a dealer warranty. These are normally good for 30 days after the purchase date or before 1,000 miles accrue on the odometer – whichever comes first. These terms should be displayed on the buyer’s guide.
In terms of California lemon law, consumers can report defects to the dealer as long as the warranty is still in effect. Consumers can seek a lemon law settlement in the same way they would with a new car.
In some cases, the dealer warranty information might not be displayed on the buyer’s guide. This means the vehicle has an “implied warranty of merchantability”. This warranty is an assumption that the vehicle works for its intended purpose. Under California code section 1791.1, these implied warranties last at least 60 days.
What consumers need to watch out for are vehicles sold “as is”. This means the buyer takes full responsibility for any and all defects – and seeking a lemon law settlement is near impossible. Buying a used vehicle “as is” is standard in private sales. But at a dealership, this agreement must be clearly stated on the buyer’s guide.
When to Get in Touch with a Lemon Attorney
It’s important to note that earning the maximum lemon law settlement will be extremely difficult without a lemon law lawyer. Chances are, you’re dealing with a lemon for the first time.
Manufacturers have the best legal defense money can buy. Trying to earn full compensation for a lemon without an attorney is like trying to win a basketball game single-handedly against a fully professional team – and you’ve never touched a basketball in your life.
The manufacturer will likely try to tell you that arbitration is a cheaper, quicker alternative to court. This is only the case for them – not you. Arbitration is sponsored by the manufacturer – and the arbitrators will likely side with them. Imagine that same basketball game, only now the referees are on the other team’s side. More often than not, arbitration ends with the consumer getting a low-ball cash settlement.
If the manufacturer cannot repair the defect after a reasonable number of attempts, stop speaking with them and seek an attorney. The court system is always the better avenue to earn full compensation.
Wrap Up
There have been many advancements in cars over the past few years – opening the door for more defects.
While this may sound like an oxymoron, you never want to “settle” in a lemon law settlement. You were sold a defective vehicle through no fault of our own. You deserve full compensation for your troubles. Only a skilled lemon law attorney will help you earn this. If you want to find out a ballpark dollar amount to expect, make a consultation.
The attorney will gather all the information needed to make the case – and give you an estimated amount.
Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.
