Leased Car Lemon Law
Leasing a vehicle is an attractive option for many drivers in California, offering flexibility and often lower monthly payments compared to purchasing. However, just like with purchased vehicles, leased cars can sometimes have significant defects that impact their performance, safety, or value. When this happens, many drivers may feel unsure about their rights under California’s Lemon Law. Fortunately, the state’s Lemon Law protections extend to both purchased and leased vehicles, ensuring that lessees are not stuck with a defective car.
Attorney Nick Nita of Nita Lemon Law Firm handles the full range of lemon law claims in California, including those involving leased vehicles. For help asserting your rights under California’s lemon law, contact Nita Lemon Law Firm in Los Angeles to speak with a knowledgeable and experienced California lemon law attorney.
What Is the California Lemon Law?
The California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, provides legal recourse for consumers who have leased or purchased a defective vehicle. The law requires car manufacturers to replace or refund vehicles with substantial defects that cannot be fixed after a reasonable number of repair attempts. These defects must impair the use, value, or safety of the vehicle.
The key aspect of the Lemon Law is that it covers cars still under the manufacturer’s warranty, whether they are purchased or leased.
Does California’s Lemon Law Apply to Leased Cars?
Yes, California’s Lemon Law applies to leased cars as well as purchased vehicles. If you are leasing a car that turns out to have significant defects that are not resolved after several repair attempts, you are entitled to protection under the Lemon Law. In fact, lessees have many of the same rights as owners under the law.
To qualify as a “lemon,” the leased car must meet certain criteria:
- The car must be covered by the manufacturer’s original warranty.
- The defect must substantially impair the vehicle’s use, value, or safety.
- The defect must have persisted after a “reasonable number” of repair attempts, typically at least two or more visits to the manufacturer’s authorized repair facility for a serious safety defect, or four attempts for a less critical issue.
What Is Considered a Substantial Defect?
A defect is considered substantial if it affects the car’s ability to perform as intended. Common substantial defects that could lead to a leased vehicle qualifying as a lemon include:
- Persistent engine or transmission problems
- Brake failure or significant safety issues
- Electrical system malfunctions
- Steering system defects
- Airbag or seatbelt issues
Minor issues, such as cosmetic flaws or minor inconveniences, do not qualify for Lemon Law protection.
The Process of Filing a Lemon Law Claim for a Leased Vehicle
If you believe your leased car qualifies as a lemon, the first step is to document everything. Keep all repair records, including dates, the nature of the repairs, and the number of repair attempts. This documentation will be crucial when pursuing a claim under California’s Lemon Law.
Here’s a basic outline of the steps to file a claim:
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Notify the Manufacturer: Before pursuing a Lemon Law claim, you must give the manufacturer an opportunity to repair the vehicle. In some cases, this may involve sending a formal notice to the manufacturer.
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Allow Reasonable Repair Attempts: California’s Lemon Law gives manufacturers a reasonable number of attempts to fix the defect. While the number of attempts can vary depending on the severity of the issue, two or more failed repair attempts for the same defect are often sufficient.
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Contact a Lemon Law Attorney: If your leased car continues to have substantial defects after multiple repair attempts, it’s time to seek legal counsel. A California Lemon Law attorney can evaluate your case, negotiate with the manufacturer, and represent you if the matter goes to arbitration or court.
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Potential Outcomes: If your claim is successful, you could be entitled to a replacement vehicle or a refund of your lease payments. In some cases, you may be released from the lease agreement without penalty. The manufacturer may also be required to pay attorney fees.
What Compensation Can You Expect for a Leased Lemon Car?
The compensation for a leased vehicle that qualifies as a lemon can vary. If the vehicle is deemed a lemon, you may receive:
- Refund of Lease Payments: You could be refunded all payments made on the lease, including down payments, monthly lease payments, and any other fees associated with the lease.
- Replacement Vehicle: You may be offered a replacement vehicle of comparable value for the remainder of your lease term.
- Early Termination of Lease: In some cases, you may be able to terminate your lease agreement without facing penalties.
Why Hire a California Lemon Law Attorney for Your Leased Vehicle?
Pursuing a Lemon Law claim for a leased vehicle can be a complex and challenging process, especially when dealing with manufacturers and their legal teams. Having an experienced California Lemon Law attorney on your side can make a significant difference in the outcome of your case. A skilled attorney will know how to gather the necessary evidence, handle negotiations, and ensure you receive the compensation or vehicle replacement you deserve.
The Nita Lemon Law Firm is dedicated to helping clients who have leased defective vehicles. Our team will evaluate your case, guide you through the legal process, and fight to ensure your rights are protected.
Contact Nita Lemon Law Firm for Help With a Leased Lemon or Other Vehicle in California
If your leased car is giving you more trouble than it’s worth, don’t assume that you’re stuck with it. California’s Lemon Law offers strong protections for lessees, and you may be entitled to a refund, a replacement vehicle, or an early lease termination if your car qualifies as a lemon. For more information on your rights as a lessee, contact the Nita Lemon Law Firm today to schedule a free consultation.
