Role of the Lemon Law Attorney 

For consumers who purchased or leased a new or used motor vehicle covered by the manufacturer’s warranty(s), the following information should be considered before starting a lemon law claim/case:

1. There is no requirement for Arbitration in California.

2. The authorized dealer is not responsible for the facilitation of a lemon law claim and/or settlement.

3. The automobile manufacturer is under no legal requirement to follow the lemon law statutes provisions and rules if dealing directly with a consumer, and without representation by an attorney.

4. A consumer can go directly to a lemon law attorney for representation without having to do any other pre-attorney requirements.

The role of the lemon law attorney in any given case is to enforce the California lemon law statute (Civil Code) for the consumer in regards to their defective new or used motor vehicle which is under factory warranty.

Our California lemon law has a provision called “full restitution”. In short, this means the consumer receiving all of their legal monetary entitlement under the statute. The lemon law attorney is experienced in the California Civil Code, Song-Beverly Act (“lemon law”) and pursuing automobile manufacturers to ensure the California consumer is getting the best possible legal representation.

The lemon law attorney is the legal representative of the consumer, who then takes the role of “the client” of the attorney.

The lemon law attorney represents his/her clients legal interests in the motor vehicle to which the lemon law claim is brought. The lemon law attorneys role includes notification of the claim with the manufacturer, communications with the manufacturer, and depending upon specifics to the case, may make a written legal demand and/or file a complaint (lawsuit) against the vehicles manufacturer. 

The lemon law attorney will need to review various documents specific to the vehicle purchase or lease to ascertain if the claim has merit. These documents will include: 

1. Purchase or Lease Agreement

2. Current year vehicle license registration

3. Evidence of leinholder (bank, credit union, etc.)

4. Repair Order Invoices, which show what was done to diagnose/repair the vehicle while in the possession of the authorized dealer.

5. In the case of a “CPO” (Certified  Pre-Owned) used vehicle, evidence of the CPO warranty.

6. If the vehicle was ever involved in an accident, a copy of the collision center (body shop) completed repairs invoice.

7. Any written materials (letters, e-mails, faxes, etc.) between the consumer and the manufacturer, if applicable.

California is a “fee-shifting” state for “lemon law”, and thus all the time the lemon law attorney spends towards pursuing the manufacturer is reimbursable to the lemon law attorney upon the successful conclusion of the case/claim. The most experienced lemon law attorneys will provide a risk-free platform to the consumer by agreeing to accept the case on a “contingency” basis, removing attorneys fees and costs financial risks.

The automobile manufacturer, as with any business, is designed to produce profits. A lemon law claim/case that is successful reduces these profits, therefore it should be considered that the manufacturer is going to attempt to mitigate it’s damages (monetary loss) by defending itself against the “lemon law” claim. This is why the lemon law attorney is of such great value to the consumer. Who better to champion the consumers case/claim than a officer of the court, and legal representative of the vehicle owner?

Do you live in a state other than California? www.AutoLemonLawsUSA.com

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