What Qualifies A Car as A Lemon?

What Qualifies A Car as A Lemon?

Does your car qualify as a lemon?

For most people, getting a new car is a rewarding experience, filled with a certain amount of pleasure and excitement. Just the new car’s cleanliness and sheen can inspire pride. For those of us who get stuck with a newly purchased vehicle that has a serious problem — e.g. a jerky transmission; engine problems; the car pulls to the left; the brakes require tremendous pressure to function; electrical issues; the air conditioner or heater doesn’t work — the experience quickly sours. Although every state has a lemon law to protect consumers, it typically takes the help of a talented lemon law attorney to win your case.

It should be noted that in California, used cars are also covered by lemon laws, when the vehicle’s issues arose under the original manufacturer’s warranty. CCA’s attorneys are experienced at assisting used car owners with their lemon law concerns.

Defining a “Lemon” Under the Law

In order for a car to be considered a lemon, a vehicle owner must prove a few requirements:

First, the car must have one or more “substantial defects,” covered by the vehicle’s warranty.  A “substantial defect” can include any variety of engine, transmission, electrical, suspension, or other issues.  If your vehicle has suffered any serious and frustrating defect, it likely qualifies as a “substantial defect.”

Next, the automakers must be allowed a “reasonable number of repair attempts” to fix the vehicle.  Under the lemon law, this means that the vehicle must have been presented 2 or more times for repair.  If the vehicle continues to suffer the defect even after a “reasonable number” of attempts have been made to repair it, then likely qualifies as a lemon.

Why It Is Important to Have a Strong Lemon Law Practice on Your Side

It is always best to have a professional handle the problem — whether it is a plumbing leak, a downed live wire, or a car that is a lemon. Engaging the services of an aggressive lemon law attorney will level the playing field between you and the opposing powerful corporation. A legitimate lemon law attorney will:

  • Have knowledge of state and federal laws (e.g. The Magnuson-Moss Warranty Act) designed to protect your rights as a consumer
  • Make sure that you have all necessary documentation before filing a claim
  • Fight hard to get you a refund or a replacement vehicle in place of your “lemon”
  • Take your case to arbitration and/or litigation if necessary to see that you’re treated fairly
  • Work on a contingency basis, meaning you will be charged no attorneys’ fees unless he or she wins your case

Make Sure the Lemon Law Attorney You Choose Has a Track Record of Success

Stick with a winner who will fight vigorously to put you back on the road with a car that is safe, comfortable, and up to your standards.

If you have concerns that your vehicle may be a lemon, the easiest way to find out is to call CCA today for a free consultation: (833) LEMON-FIRM.

About Sepehr Daghighian

Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.

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