California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease defective vehicles. While this law is consumer-friendly, manufacturers often employ various defenses to dispute claims. If you’re dealing with a potential lemon, understanding these common defenses can help you strengthen your case and secure the outcome you deserve. This guide will outline the tactics manufacturers use and provide actionable advice to protect your rights.
Key Defenses Manufacturers Use in Lemon Law Cases
1. Failure to Meet the “Reasonable Repair Attempts” Requirement
One of the primary defenses manufacturers use is arguing that the defect does not meet the standard for a lemon. Under California Lemon Law, a vehicle must have undergone:
- Two or more unsuccessful repairs for a serious safety defect (e.g., brake failure or engine issues),
- Four or more repairs for less critical defects, or
- Spent 30 or more cumulative days out of service due to repairs.
If the manufacturer claims the issue was resolved within the acceptable number of attempts or that the defect doesn’t significantly impair the vehicle’s use, safety, or value, they may deny your claim.
2. The Defect is Minor or Non-Substantial
Manufacturers often argue that the reported defect is not serious enough to warrant Lemon Law protection. For example, cosmetic issues, minor noises, or small inconveniences might not qualify as substantial defects. To succeed in your case, you must demonstrate that the defect materially affects the vehicle’s functionality, safety, or value.
3. The Defect Was Caused by Owner Misuse or Neglect
Another common tactic is blaming the defect on improper use, lack of maintenance, or unauthorized modifications by the vehicle owner. For instance, if you missed routine maintenance or used the vehicle outside of its intended purpose, the manufacturer might argue that these actions caused the problem.
4. Warranty Coverage Has Expired
If the issue occurred after the manufacturer’s warranty expired, the manufacturer may deny your claim. California Lemon Law only applies to defects that arise during the warranty period. Extended warranties or third-party warranties may not offer the same level of protection.
5. Failure to Notify the Manufacturer
In some cases, the manufacturer may argue that the consumer failed to notify them directly about the defect. Although working with the dealership is typically sufficient, manufacturers sometimes require direct notification before proceeding with a Lemon Law claim.
6. The Vehicle Was Repaired Successfully
If the manufacturer believes the defect was resolved through repairs, they may argue that the vehicle no longer qualifies as a lemon. Detailed documentation of recurring issues is critical to countering this defense.
How to Strengthen Your Lemon Law Claim
1. Keep Comprehensive Records
To build a strong case, maintain detailed documentation, including:
- Repair orders and invoices
- Communication with the dealer and manufacturer
- Dates and durations of repairs
- Vehicle warranty details
These records can help demonstrate the defect’s persistence and impact on your vehicle.
2. Seek Timely Repairs
Bring your vehicle to the dealership or authorized repair facility as soon as a problem arises. Delaying repairs can weaken your claim and give manufacturers grounds to argue that the defect was not properly addressed.
3. Avoid Unauthorized Modifications
Do not make modifications or repairs that are not approved by the manufacturer. Unauthorized changes can void your warranty and give manufacturers a defense to deny your claim.
4. Hire an Experienced Lemon Law Attorney
Navigating a Lemon Law claim can be complex, especially when manufacturers push back. An experienced attorney can:
- Assess the strength of your case
- Ensure all necessary documentation is in order
- Handle negotiations with the manufacturer
- Represent you in court if necessary
5. Notify the Manufacturer Promptly
In addition to working with the dealership, notify the manufacturer directly about your vehicle’s defect. Many manufacturers have specific procedures for handling warranty claims, and following these guidelines can strengthen your case.
Why Manufacturers Dispute Lemon Law Claims
Manufacturers dispute Lemon Law claims to avoid financial losses and protect their brand reputation. A successful claim can result in a buyback, replacement vehicle, or cash settlement—all of which come at a cost to the manufacturer. By understanding their defenses and preparing your case thoroughly, you can counter their tactics effectively.
Example of a Successful Lemon Law Case
A Los Angeles driver purchased a brand-new SUV that experienced recurring transmission issues. Despite four repair attempts, the vehicle continued to exhibit jerking and stalling. The owner kept detailed repair records, notified the manufacturer promptly, and hired a Lemon Law attorney. The result? The manufacturer agreed to a buyback, reimbursing the owner for their down payment, monthly payments, and other associated costs.
Conclusion
Dealing with a defective vehicle can be frustrating, but California’s Lemon Law offers robust protections for consumers. By understanding the common defenses manufacturers use and taking proactive steps to strengthen your case, you can protect your rights and achieve a favorable outcome.
If you’re facing issues with a lemon vehicle in Los Angeles, Glendale, or surrounding cities, contact Lemon Lawyers LA at (866) 486-9227 for a free consultation. Our experienced attorneys specialize in California Lemon Law and are here to help you get the resolution you deserve.