California Lemon Law Rules

California has one of the strongest lemon laws in the country. It applies to new, used, and leased vehicles that are covered by the manufacturer’s original warranty.

A vehicle may qualify as a “lemon” if:

• It has a substantial defect that affects the vehicle’s use, value, or safety.

• The manufacturer or dealer has made two or more unsuccessful repair attempts for the same problem.

• The vehicle has been out of service for 30 or more cumulative days due to repairs during the warranty period.

• The problem was not caused by misuse, neglect, or unauthorized modifications.

Covered vehicles include:

• Cars, SUVs, trucks, and vans

• Motorcycles, RVs, and certain business vehicles (under five registered vehicles)

• Certified pre-owned or leased vehicles still under warranty

If your car qualifies, the manufacturer must repurchase or replace your vehicle and pay for your attorney’s fees, taxes, registration, and other incidental costs.

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Does My Car Qualify as a Lemon?

You might be eligible for relief if:

• The same issue has been repaired multiple times and still persists.

• A major safety defect (like steering, brake, or airbag issues) remains after one or two repair attempts.

• Your car has been in the shop for an unreasonable period (30+ days) for warranty repairs.

• The defect substantially impairs the safety, value, or usability of the vehicle.

Even if your warranty has expired, you may still qualify if the problem began during the warranty period.

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California Vehicle Lemon Laws

California’s Lemon Law applies to every vehicle manufacturer, from luxury brands to economy cars.
At Mina Law Group, we understand how each automaker handles lemon law claims — and we know how to counter their tactics effectively.

If you are having warranty issues with any type of motor vehicle, we may be able to help you.
We regularly handle claims against:

• Toyota, Honda, Ford, Chevrolet, Tesla, BMW, Mercedes-Benz, Volkswagen, Hyundai, Kia, and other major brands.

Our deep familiarity with manufacturer procedures allows us to build strong cases and achieve maximum recovery for our clients.

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California Vehicle Lemon Law Process

Our process is designed to make things simple and stress-free for you:

Step 1 – Free Consultation
We review your vehicle’s history, repair records, and warranty details to determine if your car qualifies.

Step 2 – Manufacturer Notification
We formally notify the manufacturer of the defect and demand resolution under California law.

Step 3 – Negotiation & Settlement
Most claims are resolved through direct negotiation or mediation, often resulting in a full refund or replacement vehicle.

Step 4 – Litigation (if necessary)
If the manufacturer refuses to cooperate, we file a lawsuit to enforce your rights under the Lemon Law.

Step 5 – Resolution
You receive a refund, replacement vehicle, or cash compensation, while the manufacturer pays your attorney’s fees.

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Applicable Causes of Action Against the Manufacturer & Dealership

At Mina Law Group, we strategically evaluate every case to determine whether claims should be brought solely against the manufacturer or against both the manufacturer and the dealership, depending on the facts, evidence, warranty history, and nature of the misrepresentations or defects.

Our goal is to maximize compensation, penalties, and potential settlement value by asserting all appropriate legal theories available under California law.

A. Primary Causes of Action Against the Manufacturer

Depending on case facts, we may pursue one or more of the following claims:

1️⃣ Violation of the Song-Beverly Consumer Warranty Act (California Lemon Law)
For failure to repair the defect within a reasonable number of attempts or refusal to repurchase/replace the defective vehicle.

2️⃣ Breach of Express Warranty
When the manufacturer fails to honor the written warranty covering repairs or vehicle performance.

3️⃣ Breach of Implied Warranty of Merchantability
When the vehicle is not fit for its ordinary purpose of safe and reliable transportation at the time of sale.

4️⃣ Magnuson–Moss Federal Warranty Act Violation
Allows recovery of actual damages, legal fees, and costs in federal warranty-based consumer cases.

5️⃣ Bad Faith / Willful Failure to Comply with Consumer Warranty Law
If the manufacturer knowingly delays, denies, or intentionally mishandles the claim, civil penalties up to two times actual damages may be awarded.

B. Causes of Action That May Also Be Filed Against the Dealership

Depending on the dealership’s involvement, conduct, and representations, we may pursue additional claims such as:

6️⃣ Fraudulent Misrepresentation
If the dealer knowingly made false statements about the vehicle’s condition, history, accident records, repairs, or certification.

7️⃣ Concealment / Suppression of Material Facts
For failing to disclose known defects, prior damage, buyback history, recalls, or failed repairs.

8️⃣ Negligent Misrepresentation
When misinformation was provided unintentionally but caused the buyer to rely on incorrect facts.

9️⃣ Violation of California Consumer Legal Remedies Act (CLRA)
For deceptive advertising, concealment, or unfair sales practices — allows punitive damages, attorney’s fees, and rescission.

🔟 Violation of California Unfair Competition Law (UCL – Business & Professions Code §17200)
For unfair, fraudulent, or unlawful business practices — allows restitution, injunctions, and disgorgement.

1️⃣1️⃣ Breach of Contract (Sales Agreement / Purchase Terms)
When dealer representations, add-on protections, or guarantees are not honored.

C. Why We Consider Filing Against the Dealer

We may include the dealership when:

✔ They knew or should have known about existing defects
✔ They failed to disclose prior manufacturer buyback status
✔ They falsified or manipulated repair records
✔ They misled the buyer about certified pre-owned or “like new” quality
✔ They advertised the vehicle using false or misleading statements
✔ The goal is to increase the scope of recoverable damages and leverage

Strategic multi-defendant litigation often leads to faster results and higher settlement outcomes.

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Available Damages & Remedies

Depending on the claims, you may be entitled to:

• Full vehicle repurchase (buyback)

• Replacement with a brand-new vehicle

• Cash compensation (cash-and-keep settlement)

• Civil penalties up to 2× actual damages for willful violations

• Punitive damages (fraud-based actions against dealership)

• Incidental expenses (rental cars, towing, repairs, travel costs)

• Attorney’s fees, expert fees & litigation costs (paid by defendant)

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Our Litigation Philosophy

✔ Diagnose legal exposure from both the manufacturer and the dealership
✔ Build layered liability to maximize negotiation leverage
✔ Pursue litigation aggressively if voluntary settlement is insufficient
✔ Seek full restitution + penalties + punitive consequences when justified

We do not simply settle — we strategize for maximum recovery.

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Frequently Asked Questions (FAQ)

1. What qualifies my vehicle as a lemon?
Your vehicle may qualify if it has a substantial defect covered by warranty, has been repaired multiple times without resolution, or has been out of service for 30+ days.

2. Does the Lemon Law apply to used or leased vehicles?
Yes — new, used, leased, and certified pre-owned vehicles may qualify if they were sold with a valid manufacturer warranty at the time of purchase or lease.

3. Do I have to give the manufacturer more repair attempts?
Not necessarily. Once the defect substantially impairs value, safety, or use, and the manufacturer had reasonable opportunity to repair, legal action may proceed.

4. What if the dealership keeps saying “No problem found”?
This is a known tactic. Your claim does not require the dealer to admit fault — it requires evidence of ongoing defect and unsuccessful repair attempts.

5. How long does a Lemon Law case take?
Some settle in a few weeks, others take several months depending on:

• Repair history clarity

• Manufacturer cooperation

• Whether litigation becomes necessary

6. Will filing a Lemon Law claim affect my credit or warranty?
No. Filing a claim does not negatively impact your credit and is a legal right, not a breach of warranty.

7. Do I owe attorney’s fees if we win?
No — California law requires the manufacturer to pay all attorney’s fees and legal costs on successful claims.

8. If my claim qualifies, what are my options?

• Full buyback/refund

• Replacement vehicle

• Cash compensation (keep the vehicle)

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Manufacturer Defense Strategies & How We Defeat Them

Manufacturers and dealerships often rely on specific defenses to avoid liability. At Mina Law Group, we anticipate and strategically neutralize these arguments.

a. Common Manufacturer Defenses

1. “The problem could not be duplicated.”

2. “The vehicle is operating within normal specifications.”

3. “The defect is due to driver misuse or aftermarket modifications.”

4. “Insufficient repair attempts.”

5. “The client does not have complete repair records.”

6. “The issue is minor and does not affect safety, use, or value.”

7. “The warranty has expired.”

b. Our Legal Strategy & Counter-Approach

✔ We use timeline reconstruction through repair invoices, service notes, digital logs, and telematics
✔ We obtain service advisor testimony, technical bulletins, diagnostic trends, and recall data
✔ We expand liability to include dealer misrepresentation, concealment, warranty fraud, or commercial deception where applicable
✔ We escalate to civil penalties and punitive damages if the manufacturer acted willfully
✔ We leverage litigation credibility — not just claims processing — to secure higher settlements

Our philosophy: We prepare every case as if it will go to trial.
This stance forces leverage, strengthens negotiation, and maximizes recovery.

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How Do I File a Lemon Law Claim in California?

Filing a Lemon Law claim can seem complicated, but Mina Law Group handles every detail on your behalf.

Here’s what to do:

1. Gather all documents – purchase or lease contract, repair orders, and warranty records.

2. Schedule a free consultation – our team will review your documents and confirm if your car qualifies.

3. We file the claim – we contact the manufacturer, submit all evidence, and demand a fair resolution.

4. Negotiate or litigate – we push for settlement, and if necessary, take your case to court.

5. Get compensated – you may receive a refund, replacement, or cash settlement for your defective vehicle.

You don’t have to face automakers alone — we take on the fight for you.

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Lemon Law Buyback / Refund Calculator

Under the Lemon Law, you may be entitled to a vehicle repurchase (buyback) or cash settlement.
Your compensation may include:

• Down payment and all monthly payments made

• Outstanding loan balance (if financed)

• Sales tax, registration, and other official fees

• Towing, rental, and repair-related expenses

• Full reimbursement of attorney’s fees (paid by the manufacturer)

A mileage offset may apply for the distance driven before the first repair attempt — but the rest is yours.

💡 Contact Mina Law Group for a free and accurate Buyback / Refund Estimate today. We can calculate your case value in just minutes.

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What Compensation Can You Receive?

Depending on your situation, you may receive one or more of the following remedies:

• Vehicle Repurchase: Full refund of your payments, taxes, and fees.

• Replacement Vehicle: A brand-new vehicle of equal value and specification.

• Cash Settlement: Compensation for diminished value or ongoing inconvenience.

• Attorney’s Fees Paid by Manufacturer: You pay nothing unless we win your case.

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Why Choose Mina Law Group

• Experienced Consumer Attorneys: We know how manufacturers and dealerships operate — and how to beat them.

• Aggressive Representation: We don’t back down until you get justice and full compensation.

• No Win, No Fee: You pay absolutely nothing out of pocket.

• Personalized Service: We communicate directly with you at every stage of the case.

• Comprehensive Legal Support: From evaluation to resolution, we handle everything with precision and care.

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Common Lemon Law Issues We Handle

• Transmission or engine failure

• Electrical or computer malfunctions

• Steering and brake issues

• Air conditioning and heating failures

• Safety system defects (airbags, seatbelts, sensors)

• Persistent “check engine” or warning lights

• Repeated stalling or battery issues

If you’ve experienced any of these, your vehicle might qualify as a lemon.

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Contact Mina Law Group Today

Don’t let the manufacturer delay or deny your rights. If your car continues to have recurring problems, you deserve justice — and a fair refund.

Mina Law Group – Your Justice, Our Mission.
We proudly serve clients throughout California in all Lemon Law matters.