At Shainfeld Law, our Bakersfield–Delano metropolitan area lemon law attorney knows that while the California Lemon Law protects all qualifying California vehicle owners from being struck with a defective vehicle, it is often hard for non-lawyers to understand when and how the law applies.
When you purchase a lemon vehicle, the manufacturer and the dealership may have responsibilities, but their roles and obligations differ.
Here’s what California residents need to know.
What are the Responsibilities of the Dealership vs. the Manufacturer in Lemon Law Claims?
The dealership is an intermediary responsible for selling the vehicle and performing initial repairs. If the dealership fails to address the issues adequately or misrepresents the vehicle’s condition at the time of sale, they might also share some responsibility.
However, the manufacturer usually has the primary legal obligation to remedy the situation. Consumers should start by contacting the dealership for repairs. Still, if the issue persists, they should escalate the matter to the manufacturer to seek a resolution under the California Lemon Law.
The manufacturer is primarily responsible for the defects in the vehicle since they produced and warranted the car. Under California’s Lemon Law, the manufacturer is typically required to repair the vehicle, provide a replacement, or refund the purchase price if the car cannot be fixed after a reasonable number of attempts.
What is the California Lemon Law’s Legal Presumption?
The Legal Presumption qualifies the number of attempts to satisfy the Lemon Law California legal standard as:
- At least two repair attempts if the defect could cause serious bodily injury or death.
- After four or more attempts, if the defect continues to cause the same problem and cannot be fixed.
- A vehicle spends 30 (non-consecutive) days at the dealership/mechanic for warranty-covered issues and repairs.
If you believe your California vehicle may be a lemon and is still under the manufacturer’s warranty, contact our experienced Bakersfield–Delano metropolitan area lemon law attorney at Shainfeld Law, P.C., today by calling 888-609-2593 or request a free consultation online to learn more about your rights as a California consumer and pursue a legal remedy that fits your needs.
When you partner with our experienced lemon law attorneys in California, we will pursue your claim with the manufacturer. When we are successful—99% of the time—the manufacturer is responsible for ALL your legal fees. That means you pay nothing out of pocket for your lemon law claim. If we are not successful, you still pay us nothing.