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California Lemon Law

If the manufacturer can’t repair your vehicle after a reasonable number of attempts, California law entitles you to a refund, a replacement, or a cash settlement. The manufacturer pays our fees.

What qualifies

Is your vehicle a lemon?

The Song-Beverly Consumer Warranty Act protects you when a vehicle under manufacturer warranty develops a defect the dealer can’t fix. Three things generally decide a claim.

A substantial defect

A problem that impairs the use, value, or safety of your vehicle, such as an engine that stalls, electronics that fail, or brakes that grind. It must be covered by the manufacturer’s warranty and not caused by owner abuse or neglect.

Reasonable repair attempts

You gave the manufacturer a fair chance to fix it: typically two or more attempts for the same problem (as few as two for a serious safety defect), or more than 30 cumulative days out of service for covered repairs.

Warranty coverage

The defect first appeared and was reported while the vehicle was under the manufacturer’s original or certified pre-owned warranty. Your repair orders are the evidence, so keep every one.

The defects we see most often

  • Engine problemsStalling, overheating, hard starting
  • TransmissionSlipping, hesitation, harsh shifts
  • Electrical and computer failuresWarning lights, software faults, dead batteries
  • Brakes, steering, and suspensionPulling, grinding, vibration, failed sensors
  • Heating and air conditioningNo heat, no cold air, blower failures
  • Body and paint defectsWater leaks, wind noise, peeling paint

Two kinds of vehicles qualify

New

New vehicles

Purchased or leased in California and still under the manufacturer’s new-vehicle warranty when the defect first appeared.

Used

Certified pre-owned and used

Used vehicles sold with the balance of the manufacturer’s warranty, including certified pre-owned, are protected by the same law.

Two or more repair attempts for the same problem, or more than 30 days in the shop? You likely qualify.

Take the 60-second case check

Compensation

What you may recover

The law gives you four remedies. Which one fits depends on your goals, and every dollar figure can be calculated, not guessed.

Vehicle buyback

Your money back: down payment, monthly payments, and loan payoff.

The manufacturer repurchases your vehicle: purchase price, down payment, monthly payments, and registration and official fees, less only a statutory mileage offset. Any remaining loan is paid off.

Replacement vehicle

A comparable new vehicle in place of the lemon.

A substantially identical new vehicle, with the manufacturer covering the sales tax, registration, and official fees on the replacement.

Cash settlement

A negotiated payment while you keep the car.

You keep the vehicle and receive a negotiated cash payment. It’s often the fastest resolution when the defect is a nuisance rather than a danger.

Civil penalties for bad faith

Up to 2× your damages for willful violations.

If the manufacturer knew your vehicle was a lemon and refused to comply in good faith, a court may award up to two times your actual damages, on top of your recovery.

Estimate your buyback

Run your own numbers

Two figures from your paperwork produce a statutory estimate. The only deduction the law allows is a mileage offset for your use of the vehicle before the first repair attempt.

$42,500
8,300 mi
$3,180
$1,200

Mileage offset = price × miles at first repair ÷ 120,000 (Civil Code §1793.2(d)).

Estimated recovery

$43,940

  • Price paid, less offset$39,560
  • Registration and fees$3,180
  • Other costs$1,200
  • Mileage offset−$2,940

Your attorney fees are paid separately by the manufacturer.

Get your real number

An illustration, not a guarantee or legal advice. Your free review gives you a real figure.

Process

Five steps. Zero out of pocket.

  1. Review your repair orders

    Gather your repair orders and purchase contract. A photo of the odometer helps. That is everything we need to evaluate the claim.

  2. Free consultation

    We review your documents and tell you plainly whether you have a case and roughly what it is worth. In English or Chinese, with an answer in 24 hours.

  3. Sign with no upfront fees

    Our representation agreement costs you nothing to sign. No retainer, no hourly bills. If we don’t win, you owe us nothing.

  4. We handle everything

    We build the demand, negotiate with the manufacturer, and litigate if they refuse. You keep driving your car, and we keep you updated at every step.

  5. You get paid

    The manufacturer buys back or replaces the vehicle, or pays your settlement. Attorney fees are paid by the manufacturer on top, never out of your recovery.

The manufacturer pays our attorney fees under California law.

Timeline

How a claim moves toward resolution

  1. First week

    Free case review, document collection, and a candid answer on whether you qualify.

  2. Negotiation

    Demand to the manufacturer and negotiation. Many claims settle at this stage.

  3. Resolution

    Settlement is finalized, or suit is filed if the manufacturer digs in. You are paid at resolution.

Your case review is free.

The manufacturer pays our fees when you win. No obligation, and an answer within 24 hours.

Prefer to talk it through?

(213) 686-3725

hello@meraklegal.com
Mon to Fri, 9 AM to 6 PM PT
7545 Irvine Center Drive, Suite 200, Irvine

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