San Diego Lemon Law AttorneyGet compensated for your lemon car.

The California Lemon Law requires a vehicle manufacturer that is unable to repair a vehicle to conform to the manufacturer’s express warranty, after a reasonable number of repair attempts, to replace or repurchase the vehicle.

Reasonable repair attempts can be interpreted in many ways. Although there is no set number for “reasonable repair attempts,” California’s Lemon Law Presumption contains guidelines for determining when a “reasonable number” of repair attempts has been made.

In California, the Lemon Law presumption assumes a vehicle is a lemon if, during the first 18 months or 18,000 miles after the purchase or lease of the new vehicle, any of the following occur:

• The vehicle is repaired at least two times for a serious safety defect that may cause serious bodily injury or death, and the buyer directly notified the manufacturer at least once (if the manufacturer clearly disclosed that requirement).
• The vehicle is repaired at least four times for the same defect, and the buyer directly notified the manufacturer at least once (if the manufacturer clearly disclosed that requirement).
• The vehicle is out of service for a total of more than 30 days for any combination of defects.

If the consumer can prove any of these three scenarios, the vehicle is presumed to be a lemon, and the judge will tell the jury that the consumer has met the burden of proving the manufacturer had a reasonable number of attempts to repair the vehicle. The burden then shifts to the defending party to prove otherwise.

If the issue with your vehicle has not been resolved to your satisfaction after a reasonable amount of time or repair attempts, it is an appropriate time to contact a qualified and experienced Lemon Law attorney. California Lemon Law specifies that the manufacturer must pay attorney fees and costs in successful cases, so there is no need to worry about expenses before deciding to begin your case.

If the first attempt at repairing the vehicle occurred while the vehicle was still under the manufacturer’s warranty period, you would still be covered by the California Lemon Laws.

Leased vehicles may be covered under California’s Lemon Law. Used vehicles are covered in narrower circumstances: after Rodriguez v. FCA US, LLC (2024), a used vehicle bought with only the remaining balance of the original manufacturer’s new car warranty generally is not a “new motor vehicle” under the Act, although a warranty issued with the sale, such as a certified pre-owned or dealer warranty, may still provide coverage.

A vehicle that has undergone a thorough inspection by a certified dealer using the manufacturer’s specifications is considered a Certified Pre-Owned car. It has been through a multi-point inspection, with hundreds of parts and systems checked to ensure they meet the manufacturer’s minimum requirements.

California Lemon Laws do cover other consumer vehicles, including motorcycles and RVs/motor homes, so the Lemon Laws are not restricted to passenger vehicles. However, these other consumer vehicles are only covered if they are used for non-commercial activities.

Lemon laws are designed with one purpose in mind: to protect buyers who purchase a vehicle that ends up having serious defects that negatively impact its safety or functionality. Defects include, but are not limited to, engine or transmission malfunctions, problems with important safety features such as seat belts and airbags, and defects in the braking or steering systems. Fluid leaks and other types of malfunctions are other examples of situations that may be covered under the California Lemon Law.

Scott Law Group, P.C. can help you if you own or lease a motor vehicle that the manufacturer has been unable to repair. Under the law, the manufacturer is required to promptly replace the vehicle or return the purchase price to the buyer if it is unable to service or repair the new motor vehicle after a reasonable number of repair attempts.

The manufacturer pays my fees, not you. If your vehicle is a lemon, I can pursue a manufacturer buyback of your vehicle with a refund of past monthly payments, including the down payment, repair costs, towing costs and out-of-pocket expenses.

Consumers often want to know how to determine whether they have a Lemon Law claim. The short answer is, it’s complicated. I have years of relevant training and experience that allow me to make that determination. Rather than figure it out yourself, give me a call and let’s talk it through. I want to hear your story. More importantly, I want to help you. If I can, I will. Allow me that opportunity.

A few specific words of caution: do not get hung up on the “30-day,” “2 or more times,” “4 or more times,” “safety,” “18 month” and “18,000 mile” rules. They provide very broad guidelines, and there are countless exceptions. Not a single one of these rules has to apply to your car for it to qualify as a lemon. Even used cars can qualify under the Lemon Law. If your car does not qualify, there may be something about the sale that was fraudulent, and I have the training and experience to spot fraud as well.

How do I know if I have a new or used car fraud claim? If you believe you have been a victim of fraud, call Scott Law Group, P.C. Car fraud comes in all sorts of forms. Ask yourself: Did you purchase a used car that was a prior lemon, disclosed or not? Does it have undisclosed repairs or accident damage? Is it an undisclosed prior rental? Does it have an incorrect odometer reading? Did the financing terms change after you took the car home? Did you buy a defective “certified pre-owned” car? Did the dealer fail to register the car? If you answered yes to any of these, call me, as I might be able to assist you, even if you purchased the car “as-is.” Fraud cases involving used vehicles are difficult to prosecute; I have the experience and resources necessary to prosecute them successfully. If you think you purchased or leased a lemon, or are a victim of fraud, please call. I will evaluate your case at no charge to you.

Scott Law Group, P.C. can help you if you have been a victim of new or used car dealer fraud. This area of the law is challenging, and collecting a judgment against a fraudulent dealership can be difficult. Dealer fraud comes in many forms, including illegal financing schemes, failure to disclose a prior accident or repair, and selling a stolen vehicle. My firm has the experience and resources to help.

If you have a successful case, you have the right to either choose a new replacement vehicle or receive a refund of the amount paid or payable for the vehicle that was deemed a lemon, less any statutory offset for use before the first repair attempt. You have the option to choose either; the manufacturer cannot force you to choose one or the other.

There is much confusion among consumers, and within the automotive industry, about the so-called 30-day rule. The 30-day rule is a reference to the “presumption.” The Lemon Law provides a presumption that the manufacturer had a reasonable number of repair attempts if, within the first 18,000 miles or 18 months, either (1) the same defect results in a condition likely to cause death or serious bodily injury and was subject to two or more repair attempts; (2) the manufacturer attempted to repair the same defect four or more times and was unable to do so; or (3) the vehicle has been out of service for 30 or more days due to repairs by the manufacturer or its representative. If any of these conditions are met, a jury can assume the manufacturer had a reasonable number of repair attempts. This does not mean the repair history must fall within one of the three categories for the vehicle to qualify under the Lemon Law.

What you need to know is that if you have a problem with your vehicle that first occurred within the term of the express warranty, and the manufacturer has been unable to repair it after a reasonable number of repair attempts or refuses to repair it, you have rights under the Lemon Law. Each case is different, so it’s important to consult with a lawyer.

No. It’s that simple. It is good practice, though, to have all repairs performed by the manufacturer’s authorized repair facility while the vehicle is still under warranty.

No. The Lemon Law requires the manufacturer to pay the consumer’s attorney fees and costs if the consumer prevails. The consumer pays nothing. In most cases, Scott Law Group, P.C. takes cases on a contingency fee basis and agrees to collect its fees directly from the manufacturer if the consumer prevails or settles the claim.

An express warranty, at its core, is a promise by the manufacturer that if a problem arises with your product due to a defect, the manufacturer will repair it.

The Song-Beverly Consumer Warranty Act, also known as the Lemon Law, is designed to enforce the manufacturer’s promise to you. If the problem substantially impairs the use, value or safety of the product, the manufacturer is obligated by law to repair it within a reasonable number of repair attempts. If the manufacturer is unable or refuses to do so, the law requires it to return all monies you have paid for the product, including the down payment, monthly payments, registration and other official fees, and out-of-pocket incidental expenses. It’s that simple.

Most express warranties for new motor vehicles are for three years or 36,000 miles, whichever occurs first. If a problem occurs within the express warranty, the Lemon Law may still apply even though the warranty has since expired. Each case is different, so it’s important to have your circumstances evaluated by a lawyer. Let Scott Law Group, P.C. help you.

We are a civil litigation firm. If you or someone you know has suffered a personal injury, or if the manufacturer of your car has been unable to repair it, we can help. Civil litigation is the legal process for people like you to receive monetary compensation from those who have wronged you. In contrast, criminal litigators either place people in jail or keep them out of jail; we are not criminal litigators.

Whether you were struck by a car, injured by a tool, bitten by a dog, slipped and fell, wrongfully terminated, or harmed by other means, you might be entitled to monetary compensation under the law. If your harm is because someone did something wrong, you may have a negligence case against them. If your harm is the result of a defective product, such as a toaster, car, tool, coffee maker, machine press or hairdryer, you may have a products claim against the manufacturer, seller or distributor of that product, whether the toaster burned your home down or the machine press caused you to lose a limb. This is product liability. If the manufacturer of your car is unable to repair it, you may be entitled to have it replaced, refunded or to receive other compensation. This is the Lemon Law. As civil litigators, we pursue monetary compensation on behalf of our clients.

Whether you have a negligence, products liability or Lemon Law claim, you need an attorney who is skillfully trained to develop the evidence, create the arguments and present them to a jury convincingly. It is equally important that a jury can connect with your attorney and truly understand what you have been through and why you should be compensated. This is where we excel. Attorney Scott connects well with others and has the knowledge, training and judgment necessary to present a strong case at trial.

So, if you or someone you know has been injured, or if you own or lease a lemon, we might be able to help. Please give us a call.

It can, but in narrower circumstances than many people assume. Since Rodriguez v. FCA US, LLC (2024), a used vehicle bought with only the remaining balance of the manufacturer’s new car warranty generally does not qualify as a “new motor vehicle.” A warranty issued with the sale, such as a certified pre-owned or dealer warranty, may still provide coverage.

Yes. The Lemon Law applies as long as the vehicle has a problem that occurred during the warranty and has been subject to a reasonable number of repair attempts. Even if the warranty has expired, the Lemon Law may apply if the problem was subject to an unsuccessful repair attempt during the warranty period.

The Lemon Law does not define what a reasonable number of repair attempts is. The nature of the defect, the repairs and the days out of service are among the factors that define reasonableness.

Yes, as long as the business has no more than five vehicles registered in the state and the vehicle’s gross vehicle weight does not exceed 10,000 pounds. Gross vehicle weight means the actual weight of the vehicle as configured, not the total weight the vehicle can carry.

No. The Lemon Law does not require a consumer to go to arbitration before pursuing a Lemon Law claim.

No. You are not obligated to do so. Manufacturer arbitration programs are established and paid for by the manufacturers, and the Lemon Law does not require you to use one before pursuing a claim. Talk to a Lemon Law attorney before you decide.

No, as long as the dealership has had a reasonable number of repair attempts to fix the vehicle.

If your motor vehicle came with an express warranty, the Lemon Law applies. It applies to motorhomes, jet skis, motorcycles, dirt bikes, boats, yachts, scooters and, of course, cars. Express warranties for these products can be very different, and even within each category the manufacturer may issue warranties of varying duration and scope. The written terms of the express warranty define what is covered. What you need to know is that if you own a motor vehicle, jet ski, motorcycle, dirt bike, boat, yacht or any other motor vehicle, you may be protected by the law. The Lemon Law’s vehicle-specific remedies apply to new motor vehicles (for motor homes, the chassis, chassis cab and drivetrain), while other warrantied consumer goods are covered by the Song-Beverly Act’s general warranty provisions.

“NPF” means no problem found. Often a manufacturer’s dealership is unable to diagnose a customer’s concern, frequently an intermittent concern that may happen every 100, 300 or 500 miles. When you present your vehicle for repair, the dealership may only test-drive it for 3 miles; the concern does not occur, and they write NPF. This is the manufacturer’s code for “there is no problem with this vehicle.” Don’t be fooled by this. An NPF counts as a repair attempt. If the dealership is unable to diagnose your vehicle concern, consult an attorney to see what rights you may have.

Many factors can affect the duration of a case. The facts and strength of your case, along with how much evidence you have against the manufacturer, will determine the timeline of getting a buyback or replacement. The standard duration may be four to six months, but there is no set amount of time. Every case is different, and every consumer who intends to start a case is strongly encouraged to compile the following so the firm can expedite the process:

• Every invoice or receipt for all vehicle repairs
• Records of the amount of time your vehicle has been in the repair shop for the specific Lemon Law issue
• Invoices or receipts for all incidental expenses related to the issue, including towing, rental car fees, cab fares and hotel costs
• Loan documentation for funds needed to cover vehicle repair costs
• Records of official costs associated with the vehicle, such as DMV registration