Lemon Law Attorneys vs Car Dealers in California: Who Wins?

If you’re dealing with a defective car in California, you have some options for handling the issue. It’s important to understand the scope of California lemon law, whether you’re working directly with a dealer to settle the issue or filing a case in a California court. An attorney can help you build a strong case that secures a positive outcome. So, where do the odds lie when it comes to lemon law attorneys vs. car dealers in California?

To answer that question, it’s important first to understand the landscape of lemon law in California as well as the role both attorneys and car dealers play in it. California lemon law is complex and is currently undergoing some changes that can make it even harder to navigate.

Understanding Lemon Law in California

California Lemon Law, also referred to as the Song-Beverly Consumer Warranty Act, protects buyers who lease or purchase defective vehicles. Both used and new vehicles are covered so long as they come with the manufacturer’s new warranty.

Before a consumer can seek civil penalties related to a lemon law case, they must notify the manufacturer of the defective vehicle and demand that they either replace or repurchase it. This initial notice must be filed at least 30 days before starting a civil action, and the manufacturer has 60 days to comply with the request.

Additionally, both parties must undergo a mandatory mediation process within 90 days of filing a claim to encourage dispute resolution outside of court. Many manufacturers also offer state-certified arbitration programs that can help you resolve a dispute outside of court. Even though this arbitration process is settled by a neutral third party outside of court, a lemon law attorney can still provide legal counsel to get you through the process.

What Role Do Car Dealers Play in a California Lemon Law Case?

Car dealers typically act as an intermediary between consumers and manufacturers during a lemon case. That said, they could face legal action themselves if they participated in deceptive practices or played a part in your vehicle defect by not complying with state laws.

When you initially notice an issue that is covered by the warranty, your first step is to contact the dealership. The car dealer is then required to repair the defects. If they can’t fix the issue within a reasonable number of attempts, or if your vehicle has been in the shop for 30 days or more, which does not have to be consecutive, you can pursue further action.

What Can a California Lemon Law Attorney Do for Me?

No matter what stage of the legal process you’re in, a lemon law attorney can be beneficial to you. These attorneys are trained in California lemon law and understand the nuances of the law and any legal procedures pertaining to it. Whether you’re seeking advice about a potential issue or you’re ready to pursue a case, a California lemon law attorney is a great asset to have on your side.

Plus, when you choose Lemon Law Pro, you get the benefit of an experienced professional on your side without paying a single dollar. Thanks to a provision in California’s lemon law, we can collect our fees directly from the manufacturer after we win your case. If we’re not successful, we simply don’t get paid.

More On Lemon Law Cases in California

California has been experiencing a consistent increase in filings for lemon cases in recent years, reporting 15,000 in 2022 and more than 22,000 in 2023. These numbers have continued to trend upwards in 2024 and into 2025. What’s even more interesting is that only four companies are responsible for over 70 percent of all lemon cases in California.

Those four companies are Ford, General Motors, Nissan, and Stellantis. One of the ways consumers can protect themselves from dealing with a lemon is by doing thorough research on the vehicles they plan to lease or purchase. Other actions you can take to protect yourself from a lemon include:

• Keeping important documents and records
• Knowing your rights as a consumer
• Performing regular vehicle maintenance
• Understanding your warranty coverage

FAQs

Q: Do I Need a Lawyer for a Lemon Law Case in California?

A: While you are not required to hire a lawyer for a lemon law dispute, it is highly recommended. Lemon law in California is complex and only getting more challenging as new bills are put into effect. A lemon law attorney can be your strongest ally against a car dealer if you’re dealing with a defective vehicle.

Q: Can I File Against a Car Dealership for a Lemon?

A: Yes, you can file a lemon law claim against a car dealership if you believe you have purchased a lemon in California. However, it’s important to go through the right steps first, which includes having the dealer attempt to fix the problem and demanding they replace or repurchase the vehicle.

Q: How Hard Is It to Win a Lemon Law Case in California?

A: In the past, California lemon law typically favored consumers, making it easier to win a case for a defective vehicle. More recently, changes to the law have made it more challenging for consumers to navigate the legal process for lemon law cases, which is why it can be highly beneficial to meet with a California lemon law attorney.

Q: What Damages Could Be Recovered If a California Lemon Case Is Won?

A: Before you can go to court for a lemon law case, you must first notify the manufacturer or dealer of the vehicle’s defect and demand that they either replace or repurchase it if they can’t fix the issue within a reasonable number of attempts. You can also achieve this through litigation if you are unsuccessful in settling the dispute out of court.

Additionally, you can recover incidental and collateral damages as well as your attorney fees and costs.

Connect With a California Lemon Law Attorney for Free Today

Dealing with a vehicle defect is already costing you enough. That’s why Lemon Law Pro offers our statewide services completely for free. That said, you have nothing to lose by selecting sound legal representation for your lemon law case. Connect with our team to set up a free initial appointment, and we can discuss our completely free services in more depth today.