How to Use the Ca Lemon Law to Your Advantage

Getting a Replacement Vehicle, All Money paid to the dealership back or Compensation Money back for a Lemon Vehicles. Don’t keep paying for a vehicle that has problems.

Have you ever purchased a New or Used vehicle form a dealership large or small and it turned out to have problems from the start or soon after? Do you feel like you got a Lemon? It’s time to use the lemon law to get help and it is at no cost to you at all.
You may be entitled to a full refund, replacement vehicle or money compensation for you problems. The dealership will always tell you the lemon law does not apply to your vehicle, why?
The reason is the lemon law does apply and you have rights, you can get help and to get back what you have paid in or a free replacement vehicle and or money for compensation.
After you have purchase the vehicle and left the dealership the salesman does not want you to call him or her if your vehicle has problems no matter big or small, they will tell you, you have a warranty and go to the service department.
When you purchase a new or used vehicle remember, the Lemon Law applies to all new or used vehicles purchase from a dealership large or small in several states mainly California, Nevada and Arizona with a warranty.

Step 1) If you had to have a repair or repairs in the first 18mo or 18K miles, three times you may be or are entitled to a full refund or a replacement vehicle if the problem has not been properly diagnosed or repaired or money compensation. This applies to all problems unless it is a safety issue such as the ABS or SRS warning system and that is only two times but the problem has not been fixed and continues.

Step 2) Keep all records and be sure to get a record of your visit no matter how small or what the records writes states each time you go in. If you service department tells you, we will fix it on the drive way and you can be on your way but you get no paper work for proof, do not accept that, you must get paper work for you proof of service attempt, that includes if they only add 1 qt of oil, do not leave without an invoice.

Step 3) Make sure if the complaint is the same as the last visit that the record show the exact same wording. (Example: My A/C has a foul odor or my engine is using oil and this is written two times, now a third repair record with the same issue if it read “Driveability issue” you now have a problem, the wording is not the same as the two times prior and therefore may be excused, yes all because of the wording. The record must state the same as the first two visits ” My A/C has a foul odor or my engine is using oil” this applies to all problems, including an oil consumption issue.

Step 4) Now if you are told the lemon law does not apply but your told, lets us put you into another vehicle and just use the one you have as a trade in, you will lose money. Now you will be paying for the one you just traded in and the new one you now own on as well as more interest payments. Not a good deal for you but a great deal for the dealership.

Step 5) When you are told after a repair it is a good will repair, don’t believe it, there is no such thing because after you leave, the dealership is paid by the factory and that makes it a paying repair.

Step 6) You will need an attorney to enforce the lemon law or you will lose the case and lose money.

Step 7) What are you entitled to when you file a lemon law claim, you may be entitled to a free replacement vehicle, a full refund or money compensation for your problems and all attorney fees.

Step 8) What is covered under the lemon law, anything that happens three or more times unless it is a safety issue as the SRS or ABS warning lights coming on and that is only two times, the engine light coming on is also another problem that may be two or three repairs if it effects smog rules such as Oil Consumption. Rattle, clunks, squeak are also covered under the lemon law and can become a big problem if not properly diagnosed and fixed.

The truth is, it was told to me by an attorney representing the manufactures, they are given $15,000 to settle your case with, that would include your money back and all attorney fees on your side, that number may be higher now.

Here is an example and I have proof of this transaction;
I purchased a 2009 Toyota Tacoma and started to have problems from 4,000 miles. The transmission makes a hard clunk after you stop, the rear end is howling at 52mph and the radio turns off and on when it wants to.
I made complainants to Toyota and they took my truck but after a few days I was called and told to pick another vehicle out of the show room. They gave me another truck a year newer, I now drive a 2010 Toyota Tacoma.
I admit the gas mileage is great but the transmission is clunking after a complete stop and the radio turn on and off when it wants to and the rear end is howling at 52mph, clearly a factory defect.
I was refused any help although I made recording and showed the dealership manager the metal parts that fell out of the rear axle on service but was told Toyota said it is normal. As for the transmission clunk after a stop I was told its normal and the drive shaft is turning but no problem were found, this was an insult to me because I know that was a lie. The radio turning off and on by itself another problem I was told I would have to pay for that inspection although I have a video recording of that event. The problem is Toyota refuses to do anything about it. I have Technician Service Bulletins on the problems I spoke of but I was refused help anyway.
As a lemon law expert it is recommended that I do not file a lemon law claim so I have not. When my truck breaks down on the road side I was told by the dealership, Toyota said they will help me but not until then. My next step will be small claims court with my records for proof.

If you are having problems there is help out there and it is FREE, all you got to do is have clear record of three attempts for the same issue or two times for a safety issue such as the SRSs or ABS warning light is coming on. But remember just because you have call an attorney and got an inspection with a good report, do not stop complaining and keep getting invoices, it will help show you are steel having problems.

Ask yourself why should I keep paying for a vehicle that is in the shop when it suppose to be new, pre-owned and per-certified. Free help is available in getting a full refund or a free replacement vehicle or some money compensation back. I was an expert witness for on Honda case and the person got a free replacement vehicle two years newer at no extra cost. I have seen people get full refunds and have seen people get back money compensation, in fact on women got $3,000 for a seat belt light coming on when all that needed to done was a connector had to be pressed in tighter, because it was loose under her passenger seat. I witnessed that problem and told the dealership how to fix it and they said we are the specialist and don’t take advice from outside mechanics. That was OK because my customer got $3,000 back and she was happy, I plugged the connector in as it should be, and the problem is gone.

I am ASE Certified, GM Certified Craftsmen, Detroit Diesel Certified, Hybrid Trained, Automotive Appraiser and Expert Witness with over 52 trials and 400 depositions and have 35 years of hands on experience in the automotive field. Good luck and any question please leave a comment and I will answer you.

I am not an attorney and do not giving legal advice, this is what I have learned over the last 10 years working with lemon law clients. I am only attempting to inform you of how to help yourself if you purchased a lemon. For more vehicle stories please go to my web site or blog.

Thank you and tell a friend.

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About lemonprotection

GM Craftsman, ASE Certified, Detroit Diesel Certified, Hybrid Toyota, Honda and Ford Training and a Certified Trained Appraiser with over 30 years of hands on experience. I started lemon protection in 1984 and own the TM in the whole United States of America. I have written several books on cars and one about inventions. I have been on TV and Radio several times with consumer reporters. An attorney in Los Vegas NV has just caused State Farm to back down when using my new report and was given 4.5 time the original offer.

31 thoughts on “How to Use the Ca Lemon Law to Your Advantage

  1. http://youtu.be/QM1Ue_lrwIs <—-this link is to you tube with a rattle noise from under the hood that even Nissan can't figure out! I have had it in 2 times for this as it only happens below 15 degrees and after 1 hour of sitting in the cold. It does go away after a few minutes, or the first few accelerations. I have at least one other customer of mine (I am shop manager of a goodyear) that hear's the same thing. but is it a safety issue? dealership thinks it could be abs or tranny? sounds serious enough for a lemon law but I live in Minnesota now and bought the car in California. where do I file for one and what do I do from here. I appreciate the help.

    • Hi David,
      A company called Krohn and Moss, I think they have a firm in your area. The rattling noise you hear can be several things. Piston slap, main bearings, rockers lacking oil, lifter leaking down or the VVT adjuster may also cause it. In most states you will need three attempts for lemon law to work. Try and record the noise when you start the engine with the hood open when cold. If you leave it over night so they can start it the next morning, be there with a video recording when they start it for proof. Be sure the engine has not been started before you get there so keep the key in your pocket. Good luck,
      Jackie

  2. Hi, I ran across your page while doing research on problems I’m having with my 2007 A4 2.0T. Within 6 months from the time I bought it new I started having problems with my oil light going on, almost every 1K miles. I kept bringing it to their attention and they kept telling me it was normal because it was a high performance vehicle, and told me to keep bringing it in and they would top it off. I wish I had made them document each time they topped it off but I didn’t. I’ve had it since July ’07. Finally about a year ago they said it was because of an oil leak from a cap or gasket (don’t recall) so I paid for them to fix it. 1K miles later, happened again, just after car was out of warranty. I sternly pointed out I had it well documented I had been bringing this to their attention since I initially got the car and they agreed to run a test, turned out the identified a problem and a few days later they returned my car after replacing pistons and who knows what else. It’s been maybe a year, but 4 months ago paid over $1K for additional work and now, more problems: coolent vacum pump/heater hose leaking, gasket for valve pump leaking … guy rattled on with things that just went over my head. Shouldn’t this have been resolved when they identified the problem? Or at least shouldn’t the oil valve/gasket, etc have been replaced at that time? Is this normal? The fact that I’ve had the car since 2007, am I out of luck because I didn’t report it as a lemon within a year?

    • Hi Marge,
      If you still have the car you can get help and possible most of your money back if not a full buy back. On my front page of lemonprotection.com are the names of several great attorneys, Todd Friedman is by far the best I have ever worked with, his honesty is true. If any attorney can do anything for you he can, Good Luck and thanks for coming to my blog, GOD bless you,

      Jackie

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  5. I would really like some input on the issue that I am dealing with currently. I bought a 2011 Dodge Challenger with 24,000 miles on it and it has been giving me problems. I have taken this care in over 7 times for the same problem.

    • Hello,
      Depending on how many times you complained about the problem at the dealership. In most cases it must be three times for the same issue. If that is the case and you have proof contact the Law Firm of Todd Friedman 877-206-4741 in Los Angeles Ca, If you are anywhere else I can give you the names of some very good attorneys I personal have worked with in NV, Az and ILL, the Ill firm has attorneys in several states, let me know,
      Good Luck and Thanks,
      Jackie

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  7. I have a 2012 BMW 335i and the problems I’ve been having drivetrain malfunction problems come up on my car screen and I took it back to the dealership for the third time already and they started the paperwork for a buyback from BMW. What should I do in order to get a full refund or a replacement of my car. This is really frustrating for me, specially it being my first BMW and my first car it makes me uncomfortable to ever wanna be in another one again. It’s just a bad experience for me. Thanks for your help.

    • If your in Ca you can call attorney Todd M. Friedman in Beverly Hills, Ca, @ 877-206-4741.
      He is one of the top lemon law attorneys around, his fee will be paid when he settles.
      If you make a deal with BMW it will be to your loss, call this attorney, he is the best of the best.
      If you are in AZ or NV I work with some other attorneys there as well.
      Good Luck,

      Jackie

  8. Thank you for posing this information. I have a 2015 Audi A3 that I purchased 32 days ago. It in the shop for the third time for rattles. 4 days after I purchased the car, I set an appointment with the service department to have the rattles resolved. First time it was in for 3 days and the issue was not resolved, but more rattles appeared when I got the car back. So back to the dealer for its second trip. The second time they replaced a couple parts and “Found” more rattles on their own that I had not complained about. This time the car was in for 10 days. After picking up the car, the original rattle I complained about was still there so I set another service appointment. It is still in the shop now and has been for 3 days. I have been in contact with Audi customer service as well as the dealership. All of the people have been great but the problems are not getting fixed. I have asked them to take the car back so I can pick out a replacement and have not heard their decision yet. The car currently has less than 700 miles in 32 days, less than 200 miles of which are miles I have driven it. Do you have any suggestions for me at this point? I have been very reasonable and patient, but enough is enough.

    • The Audi is having engine problems with oil consumption related to the Piston and rings. You can call Mr. Todd M Friedman he is in Los Angeles, Ca at 877-206-4741. If you are in Arizona or NV let me know I also work with attorneys there. If you’re in any other state call Krohn and Moss I don’t have a number there but the head office is in Illinois.
      Thank,

      Jackie

      • These have all been interior rattles in the dash, doors and overhead consol. No engine related problems that I am aware of yet. However I have barely driven the car.

  9. Hi, this weekend is pleasant for me, since this moment i am reading this fantastic educational piece
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  10. My car has less than 15,000 miles. And has been in the shop 5 times in 2 months. Totalled 32 days in the shop.
    What does the buy back include? I have a loan on my car. Dodge is offering me a replacement vehicle. Does it have to be the same car? Am in Can. Thank you Dana

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  12. Hi I have 2013 Highlander and after 2/3/4 months it will not start. I took it to dealership was told that there is some loose connection and got fixed. Again after few months it won’t start, took it to dealership again was told replace the battery. After few months it did same then I was told that there is nothing wrong and I need to get a charger and get installed for free and i need to drive more. I bought the brand new car to be more dependable but instead iam so frustrated. Do this qualify for Lemon?

    • Hello,
      I am sorry for the long delay in getting back to you. It will depend on the repair order history and current condition. If you want to e-mail your repair order documents to me I will read them and let you know from an experts witness point of view (no charge).
      Thank you,

      Jackie
      lemonprotection@yahoo.com

  13. HI,
    So happy I found your post. We purchased a 2012 Chevy Impala brand new. The issue has yet to be corrected after three years. we bring it in for regular service and have taken it in for that issue among others. 3 years and the car is again at the dealer after they believed they had fixed it 2 weeks ago. Problem occurred 2 days after car was returned to us. I called immediately. They have the car again and was told to call GM to open a claim for buy back by the service rep. I would like to know if you know of any good Lemon Law attorneys closer to me . In the 92595 zip. Purchased vehicle in Temecula.
    I don’t want them to review the records and try to rip me off. Would rather go into this with someone with more knowledge then I have in this area.
    Thank you so much….
    Tamby

    • Hi Tamby,
      Attorney Todd Friedman is located in Los Angeles, he will not charge you to see your file and he will be straight up. I have known him 14 years and he is honest and hard working, 1-877-206-4741.
      Good Luck

  14. i bought gms new z06 corvette and now 532 miles and 10 days of owenership the motor has blown up. Now they are putting a new motor in the car but the car is no longer numbers matching and value of the car has gone down a lot. To a point where if you go trade it in dealers wont trade it in because they know the car is not numbers mathching and no one will spend over 100k on a car which engine blew up and is not the same that came with the car.

    DO i have any options?

    • You are entitled to Inherent Diminished Value. You may have a lemon law claim but you need to call and find out soon, time can hurt your claim. These attorneys I am recommending I have worked with for the last 12 years and I sincerely trust them.

      If you are in California, call attorney Todd Friedman at 1-877-206-4741
      Luis Ramirez or Sahlev Amar in Arizona at 1-480-947-7755
      Joshua Trigsted in Oregon at 1-503-376-6774
      Thank you and Good luck,

      Jackie Winters
      If you can please keep me posted.

  15. I got my 2015 rav 4 I just have it only one months I have only 656 miles and this problem is it won’t start . The first time I thought it was only battery I took it to the dealer for replacement for the battery and they replace it after two weeks again it won’t start again so I took it to the dealer again to check it again and they were telling me that they found something they been draining the battery and they cannot give me any detail what exactly what happen my car still on the shop they said they are waiting for the parts and it’s been 3 days already . Do you think I can talk to them that they need to give me a brand new car after all my experience and replace it to different car.

    • Hi Maria,
      They will laugh at you and then sell you another car with that one as a trade in and then you will pay for the loss of value on that bad car in your new car payment. Keep in mind you need three attempts for the same issue. I know three of the best attorneys I can think of and recommend with good clean conscience. If one of the attorneys takes your case don’t stop going to the dealership, the more attempts they try to fix it the better chance of you getting everything back, three attempts or 30 days in the shop is it.
      If you are in California, call attorney Todd Friedman at 1-877-206-4741. Have your entire file ready including your contract, repair orders and any notes of speaking to them ready to fax him.
      The attorneys will not charge you to listen or speak to you about your case to know if you have a valid claim. If you do he will call you and speak to you in person, he normally returns his calls in 72 hours unless he is out of town or is in trial. He may have one of his associates call you to let you know what up. Your goal is to get all your money back including down payment or triad in value, or a replacement vehicle of the same kind and the attorneys fees paid by them. Mr. Friedman is one of the best attorneys I have been in trial with over the last 12 years in California in over 20 trials and I have not seen him lose a Lemon Law or fraud case yet.
      If you live in Arizona you can call Luis Ramirez at 1-480-947-7755, Mr. Ramirez is also a Lemon Law attorney and I recommend Mr. Luis Ramirez.
      If you are in Oregon call Joshua Trigsted at 1-503-376-6774, I have done Mobil Home inspection with diminished value for his firm. I recommend Mr. Trigsted to help you in Oregon.
      I wish you all the best, if you fight you get what you want, if you give in you get what they wanted you to have. Keep all conversation notes and write down what anyone tell you, this is allowed in court. I have been on trial 45 times and has over 450 deposition and have never been impeached, I am a straight up person.

      Additional Information: I write Inherent Diminished Value reports and my first case was won with an out of court settlement. I don’t think State Farm wanted to go to court against the Inherent Diminished Value report I had written for the case. The attorney told me he went from getting an offer of $1,000 to settling using my report for the amount he wanted $4,563.00. Prior to settling the Ins co had a Diminished Value report written by a company and it had no foundation to it, I pointed out several things I know would not be allowed in court or thrown out for lack of foundation. If you or anyone you know every needs a report for Inherent Diminished Value let me know. I charge $150.00 and if you go to court and lose you will not pay my court fees, GUARANTEED, Thank you GOD bless and good luck,
      Sincerely,

      Jackie Winters
      Lemon Protection