What Is the California Lemon Law?
The California Lemon Law allows a buyer or person leasing a vehicle in the state to force a manufacturer to take back or buyback a vehicle that is determined to be a “lemon” under the state law. The California Civil Code Section 1793.2(d)(2)(B) says that the manufacturer has to buyback the vehicle and has to give back to you in the process:
- All the money you did pay on the car
- Reimburse the license and registration fees
- Reimburse the amount for sales taxes paid on the lease for the car
In realistic terms, you will be reimbursed for the:
- Down payment
- Monthly payments made on the car
- Repaid pro-rated unused part of the current registration fees for the car
- Manufacturer pays the remaining balance of the outstanding loan on the leased car
What Vehicle Terms and Conditions Are Covered Under the California Lemon Law?
There are many parts to the Lemon Law as it applies in California, but the basics are as follows:
- The lemon law only applies to cars under the manufacturer’s warranty (not to extended and “certified pre-owned” warranties).
- The manufacturer has to fix any defect that prevents you from reasonably using the car.
- The manufacturer has a reasonable number of times to fix the car, to correct the defect.
- Each repair has to be completed within a 30-day timeframe.
- If the manufacturer can’t repair the car in a reasonable number of tries, then the manufacturer has to either repurchase the car from you, or replace the car with a brand new one.
The Lemon Law applies to cars, trucks and motorcycles. The Lemon Law also does apply to any consumer good that is not clothing or food, if the item can be bought, leased used for personal use or for your household use in a general sense.
Can I Still Lemon My Car If I Have Not Been Making Payments on My Car Note?
The answer to this question is going to be in two parts. First off, if you have a car note, you need to continue to make the payments to the leasing or loan company on your car. If you stop making the required payments to the loan company, then you will be in danger of having the car repossessed, and taken away by a towing and repossession company. Then you will not have access to that vehicle any longer, and will not be able to use it to drive to work, etc.
Secondly, if you have a car on a loan agreement, it can still be “lemoned” but you need to understand that if you have stopped making any of the payments you might lose your rights to have and get the car returned under the California applicable lemon laws.
“Should I Tell My Lender That I Am Going to Lemon My Car?”
Yes, absolutely, you need to tell the lender to your lease or car note agreement, that you are planning to lemon your car. Your contract with your lender will review how the loan that you took out could be affected or changed, if you are given the option by the manufacturer to have a replacement vehicle or car as your remedy for your original car being replaced under the applicable lemon laws.
When you have a car note and are slowly paying off your car by making monthly payments, you are paying off your car as it is owned by the lender right now. When you have made your final payment, that car will belong to you. But until you pay off your car note, that vehicle still technically belongs to the lender. If you stop making the payments, then you are going against your contract promise to pay each month on your note. Above and beyond the claim for making your car a lemon, you will lose the rights to be able to lemon your vehicle.
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We offer to you a zero-fee guarantee. You only have to call us today to discuss your lawsuit regarding the Lemon Laws and your vehicle, and you will be eligible for this zero-fee guarantee. You can talk to us now, and get connected to a lawyer with experience in California Lemon Laws.
Free Second Opinion Case Review / Experienced Lawyers in Application for the Lemon Law If I Did Not Make Payments on My Car Note
If you have made an application for a Lemon Law to replace your vehicle, then you need to make the car notes on that vehicle for the laws to properly apply. If you have questions regarding this procedure, then you need to call us to talk to the attorneys who specialize in Lemon Laws when you did not make your car note payments.
When you have had a problem with a vehicle, and you need to lemon your car, then you need to discuss your case with a lawyer with specialty in California Lemon Laws. In this case, you can give us a call, to discuss and review your case and advise you of the next steps to your claim. You may call us today, to talk to lawyers who can help with your Lemon Law claim. Call us to discuss your case with experienced attorneys in Los Angeles today.
Can I Sue for the Lemon Law If I Did Not Make Payments on My Car Note?
You need to continue to make your car payments related to your car note, even though your car is going to be applied against the California Lemon Laws and possibly returned to the manufacturer. You can talk to our Los Angeles case lawyers, who can file a lawsuit regarding the Lemon Laws related to your case. You can take advantage of our winning strategy, when you call us to discuss your case related to Lemon Laws and your vehicle. You need to review your case today with our case attorneys in Los Angeles. We are here for you and we are always on your side.
Call for a Free Consultation
You can call us now to talk about your car being a lemon, when you call us today. We can advise you as to the applicable Lemon Laws in California, and review your next steps to lemon your vehicle. You need to make this call sooner than later, as there are many regulations regarding Lemon Laws, and you don’t want to miss any deadlines. Just give us a call today.
