How to build a winning lemon law case – California Lemon law

This website will explain how to build a winning lemon law case. It’s easy – you just need to follow these simple steps.

Documents

Proper documentation is everything in a lemon law case. The documents that are admissible to your case under our California Lemon Law are dealer repair order invoices. This is the copy the dealer gives you when you pick up the car after each repair. This is why it is imperative to properly document each repair. Often missed in documentation is the customer’s stated complaint on the Repair Order. When you explain your problem(s) to the Service Advisor at time of write-up, you must make sure you give the best possible description of the problem(s) – in your words, not the Service Advisor’s interpretation. Make sure the Repair Order that you sign is worded as you have dictated it.

Description of defect or problem

As noted in “Documents” above, the way you word your Repair Order is very important. We have compiled a list of description words for noises/sounds your vehicle may make that will help you best describe your vehicle’s issue(s) when having the car dealership Service Advisor write up your warranty repair order.

They are as follows:

Boom: A hollow sound, usually from the driveline components.
Buzz: A sound from dashboard, doors, headliner, or other areas of car.
Chatter: A metallic noise that can come from anywhere on the car.
Chirp: A noise that usually emanates from the engine compartment, often a drive belt.
Clank: A noise usually associated with engine or transmission operation.
Click: A noise usually associated with engine, steering or suspension.
Clunk: A noise usually associated with suspension or transmission.
Creak: A noise usually associated with doors, suspension, and rear hatches.
Grind: A noise usually associated with engine, starter or other engine components.
Growl: A low sound usually emanating from the exhaust system or driveline.
Hiss: A noise usually associated with air conditioning system, or exhaust system leak.
Hum: A noise usually associated with wheel bearings, engines or transmissions.
Knock: A noise usually associated with engine, suspension or steering.
Pop: A noise usually associated with steering or suspension.
Race: A transmission issue. (engine RPM’s race, with lack of power)
Rattle: A noise usually coming from engine area, sunroof, dash, or other interior areas that have movement.
Rumble: A noise usually associated with front or rear differential, or driveline components.
Squeak: A noise usually associated with engine serpentine drive belt, suspension components, or door rubber seals.
Shaking: A sensation of the steering wheel shaking and/or front end of the vehicle shaking.
Shudder: A noise usually associated with a defective clutch, or automatic transmission.
Slipping: A noise usually associated with a defective automatic transmission.
Squeal: A noise usually associated with an engine drive belt or pulley.
Tap: A noise usually associated with the engine’s hydraulic lifters (engine defect)
Thump: A noise usually associated with suspension, driveline or transmission.
Tick: A noise usually associated with engine valve tappets.
Whine: A noise usually associated with automatic transmission, wheel bearings or engine.
Whistle: A noise usually associated with vehicle body air leaks, or from engine.

Purchase or Lease Agreement

To pursue a California Lemon Law claim/case, you must have a copy of your purchase or lease agreement, which you are given at the time of the purchase or lease. If you cannot find your copy of this document, then request it from the vehicle’s lender (lienholder), or the selling dealership.

Understand your rights

As much as automobile manufacturers would like you to believe, there is no requirement for any of the following for you to pursue a California Lemon Law case:

Arbitration

Despite the temptation to pursue this, and despite what is says in your warranty book, California Lemon Law has no requirement for you to pursue Arbitration – here’s why. Arbitration is paid for by the automobile manufacturers. It’s not a level playing field. The Arbitrator is not an attorney, judge or anyone with the legal authority to make decisions of interpretation of the California Lemon Law. Our California Lemon Law Statute has no requirements for Arbitration. It’s a tool for the automobile manufacturer, as one of the decisions the arbitrator can make is the “repair decision”. You just wasted your time, as the Arbitrator has “chosen” to offer the manufacturer just another opportunity to repair the car.

Contacting the automobile manufacturer by phone or mail

Our California Lemon Law has no requirement for you to contact/advise the auto manufacturer of your vehicle’s problems. Automobile manufacturers already know your vehicle’s problems by the “warranty repair claims made history” that is submitted by the repairing dealership via their warranty claims computer and reviewed by the manufacturer. If the manufacturer was interested in your legal rights to a California Lemon Law buyback (repurchase), they have all the information they need to make that determination and contact you themselves. If your car has repeated problems under warranty for the same issue, you must ask yourself “why didn’t they call me and offer a buyback?”.

Asking the Customer Assistance Center to open a “case”

Our California Lemon Law has no requirement to call the manufacturers “customer assistance center” or “owner relations center” to make a complaint or open a “case”. A “case” is nothing more than a reference number for the next time you contact them. It’s important to understand that in California, an automobile manufacturer has no “rules” to follow in “resolution” of a vehicle owners lemon law complaints. They don’t have to follow the law. They can offer you nothing (denial of buyback). They can offer you some monthly payments. They can offer you cash. They can offer whatever they want, and whatever you may accept – an it almost always comes with a price – the release agreement. Release agreements take away your rights to use those repair attempts in a future California Lemon Law action. Some of these release agreements take away all your rights, as they exchange money for your right to pursue a lemon law case later on. IF the manufacturer on occasion does make a buyback offer, it’s typically a “goodwill gesture” that doesn’t have to follow the
California Lemon Law Statute (rules).

California gives you the right to free attorney representation

California is one of the few states in the U.S. that shifts attorney’s fees to the manufacturer – not you the consumer. In building your lemon law case, then next step is case presentation.

Presenting your Case

The presentation of your case starts with presenting your purchase/lease document and all of your warranty Repair Invoices to a qualified California Lemon Law attorney for review. The case you have built is presented to the attorney for legal review and applicability to California Lemon Law. As with any legal action, you need an attorney’s review and advice. The attorney will advise you if the case you have built will likely result in a buyback (repurchase) of your “lemon” vehicle, or other equitable settlement options, such as a replacement vehicle. There are many ways a California Lemon Law case can be settled, but you must build your case correctly for the best chance at a positive outcome. The attorney that takes your case should charge you nothing for his/her services, as their fees are paid by the manufacturer. They should also take your case without any “fee if we win” that would come out of your proceeds of the case. In short, you want to find the attorney firm that is 100% free to you.

You have built your case – now win it.

Your efforts at getting properly written and well defined Repair Order Invoices will pay off with a well defined repair history. A lemon law case that is built upon proper documentation that allows the attorney to argue the case with the manufacturer by showing that your case does indeed dictate a history of repeated warranty repair attempts for the same issue, or too many days in the shop for warranty repairs. What you have built is a case that proves your vehicle is a “lemon”, by properly worded Repair Orders.