Asserting refund for defective vehicles

If you recently purchase a new or used car and found that an auto part is repetitively defective despite repairs, you may file a claim under Lemon law.

Lemon law allows you to receive protection, compensation, and restitution for losses involving a defect or misrepresentation on your vehicle.

The state of California implements guidelines in determining the eligibility of a newly purchased vehicle under lemon rights. The criteria are:

1. The vehicle has a reasonable damage or defect that falls within the covered period of warranty.
2. The vehicle continues to malfunction despite series of repair.

The car manufacturer has the discretion and initiative to delineate the conditions for "substantial defect". However, the manufacturer must be able to prove the reasonableness of such conditions. The manufacturer must also inform or notify the user about such conditions. It must be included in the warranty card or printed material of the product.

What is substantial defect?

For a product complaint to be classified as having substantial defects, the damage must occur within the time period of warranty and such defect is covered under the list of acceptable defects published by the manufacturer.

You must prove that such defect has caused profit loss on your business or has caused you significant loss.

You must establish how the defect has fallen below your expectations.

What is reasonable number of repairs?

Before you can formally file a claim under lemon rights, you must give the manufacturer a chance to repair the product several times. If the manufacturer/dealer/seller has reached a considerable number of times for repair, then the product can be categorized as lemon.

Usually, you have to allow the manufacturer to conduct four repair attempts. However, if the product or car shows a prolonged period in the auto body shop, then it may be declared as a lemon.

What is Federal Consumer Protection?

Federal law offers Federal consumer protection under Magnuson-Moss Warranty Act. It monitors unfair warranty conditions involving products worth more than $25. It accepts claims filed by consumers against companies, and allows compensation for losses and attorney fees.

If you are successful in your claim, you may receive either replacement or refund for your vehicle's total value. The lemon law also covers second-hand cars or used cars. You may also assert the same process for claim, and receive either replacement or refund for your vehicle.

Consult with an expert Lemon law attorney in California and learn more on how you can arrange for free arbitration or formal lawsuit.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.