Tag Archives: California lemon law help

2025 Brings Lemon Law Reform Curing Lawsuit Abuse

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For decades, the California Lemon Law has been the legal sword available to consumers gifting them needed legal power against auto manufacturers. The lemon law in California is also generous to consumers providing them with a provision which places the obligation upon the manufacturer to pay the consumer’s legal fees and costs.

Up until Covid, very few law firms specialized in the lemon law, with Edzant Price, LLP being one of the few. The relationship between these few law firms and the auto manufacturers was cooperative, with most law firms presenting to the manufacturers cases which were generally strong. Prior to filing a lawsuit, or “pre-litigation,” most firms also provided manufacturers an opportunity to repurchase or replace the defective vehicle, which was often accepted. As such, filing lawsuits in lemon law cases was usually unnecessary as most cases were resolved during pre-litigation. The average pre-litigation case was completed within 90 days. The manufacturer paid the legal fees for the consumer based upon the time it took the law firm to resolve the case pre-litigation.

However, post Covid, several new law firms entered into the lemon law arena and adopted an aggressive, and unnecessary, tactic to pursue these claims wherein they did not give a manufacturer the opportunity to repurchase a vehicle pre-litigation. Instead, these firms would file lawsuits against the manufacturers immediately, thereby forcing a case into litigation. (Many of these cases were also weak and should not have been accepted by any law firm.) So why would they do this? Because of the obligation imposed upon the manufacturer to pay the legal fees for the consumer. In litigation, the amount of time to pursue a lemon law case is substantially higher than resolving a case pre-litigation, allowing the law firms to bill manufacturers much higher legal fees. There is no benefit to the consumer.

Furthermore, the amount of cases filed by these firms was staggering, with court filings amounting to thousands of new cases per month. As predicted, the courts were unable to manage this massive influx of filings, taxing the civil justice system to a breaking point. In addition, the manufacturers had to spend tens of millions of unnecessary dollars defending these lawsuits. Instead of 90 days to complete a case, an average case was now taking one to two years to conclude. Simply put, the system had become horribly abused, creating a substantial burden upon the courts, the auto manufacturers, and attorneys. The system was now broken and had to be corrected.

To curb this lawsuit abuse, the California legislature created a condition that anyone seeking to bring a lemon law case must first give the manufacturer the opportunity to repurchase or replace a qualified vehicle prior to filing a lawsuit. (There are some exceptions.) This prerequisite to filing a lawsuit is designed to significantly reduce the number of lawsuits being filed daily and to curb the abuse of the civil justice system. Most importantly, this law change is designed to provide consumers of defective vehicles a quicker and smoother pathway to resolve their legitimate lemon law claims.

Edzant Price LLP advocates that all lemon law cases should try to be resolved prior to filing lawsuits. For over 35 years, we have always given the manufacturers the opportunity to repurchase or replace a vehicle prior to filing lawsuits. We believe this method of presenting lemon law cases help consumers get out of defective vehicles quickly and is also fair to auto manufacturers. Additionally, we only accept and pursue cases which have merit. Because of the way we pursue our cases, manufacturers treat Edzant Price, LLP with the utmost respect and know that when our name is on the case, the case should be taken seriously.

The California Lemon Law: Empowering Consumers to Tackle Defective Vehicles

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Purchasing a new vehicle is an exciting milestone for many individuals. However, when faced with the unfortunate reality of a defective car, the California Lemon Law comes to the rescue. Designed to protect consumers’ rights, this legislation provides a robust framework to address the complexities of modern vehicles, including the rising significance of software updates in resolving recalls. In this article, we will delve into the essence of the California Lemon Law and how it empowers individuals to overcome the challenges posed by defective vehicles in today’s technologically advanced era.

The Evolution of Vehicle Complexity:

As technology rapidly evolves, so does the complexity of modern vehicles. With advanced computer systems, integrated electronics, and intricate mechanical components, diagnosing and resolving defects has become increasingly intricate. The California Lemon Law recognizes this evolving landscape and ensures that consumers have adequate recourse when faced with persistent vehicle problems that impair its safety, value, or utility.

Understanding the California Lemon Law:

The California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, grants significant rights and protections to individuals who purchase or lease new vehicles that turn out to be defective. Under this law, consumers are entitled to a refund, replacement, or cash compensation if the vehicle experiences substantial defects within a specified period, typically during the first 18 months or 18,000 miles of use.

Key Provisions of the California Lemon Law:

1. The Number of Repair Attempts: If a vehicle’s manufacturer or authorized dealer fails to repair the same defect after a reasonable number of attempts, the consumer may be eligible for relief under the Lemon Law. The law presumes that a “reasonable number of attempts” is two for a serious safety defect, or four or more for a non-safety defect that substantially impairs the vehicle’s use, value, or safety.

2. The Manufacturer’s Opportunity to Repair: Before taking legal action, the consumer must provide the manufacturer or dealer an opportunity to repair the defect(s) under the terms of the warranty. It is crucial to document all repair attempts and maintain a comprehensive record of communication with the manufacturer or dealer.

Recalls and Software Updates:

With the increasing reliance on software in modern vehicles, software-related defects have become a significant concern. Many recalls nowadays are rectified through software updates, which can address various performance or safety issues. The California Lemon Law acknowledges the importance of software updates as a corrective measure for recalls and requires manufacturers to provide timely and effective remedies for such defects.

It is worth noting that the Lemon Law’s provisions apply equally to software-related defects, and consumers have the same rights and protections in these cases. If a software update fails to rectify a defect within a reasonable number of attempts, consumers may still seek relief under the law.

The California Lemon Law plays a crucial role in safeguarding the rights of consumers faced with defective vehicles in an era of increasing complexity. By providing clear guidelines and recourse options, this legislation empowers individuals to hold manufacturers accountable for persistent defects that undermine the safety, value, or utility of their vehicles. With a nuanced understanding of the California Lemon Law, consumers can navigate the process effectively and seek the remedies they deserve, including recourse for software-related defects.

Tesla Model Y Second-Row Seat Frame Improperly Secured

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A manufacturing error will have the owners of certain 2022-2023 Tesla Model Y all-electric SUVs, returning to their dealerships for an inspection and possibly repairs. The second-row seat frame in these vehicles may have been improperly secured.

Tesla first became aware of the problem in December 2022 when an operator in Tesla’s Freemont, CA manufacturing facility identified a second-row driver-side seat back frame bolt that was not torqued to the proper specification.

The second-row seat belt loads go through the lower seat frame, and if the bolts that secure the frame to the seat backs are not torqued to specifications, the seat belt system may not perform as designed during a collision. Occupants seated in the second-row seating positions could experience an increase in the risk of injury during an accident.

According to the defect report, on some Model Y vehicles, the second-row driver-side seat back frame (second-row driver-side and center seating positions) and the second-row passenger-side seat back frame (second-row passenger-side seating position) are secured to the lower seat frame with 4 bolts per seat back. During the supplier’s production of both seat back frames for certain Model Y vehicles, one or more of the bolts that secure the seat back frames to the lower seat frame may not have been torqued to specifications.

Tesla has identified 5 warranty claims, received between December 9, 2022, and February 14, 2023, that may be related to the problem described above. Tesla is not aware of any injuries or deaths that may be related to the condition.

Owners receiving notices will be asked to return to their Tesla Service Centers to have the second-row seat back frames inspected and the bolts will be torqued. Tesla’s number for this recall is SB-23-13-001 and the NHTSA Campaign Number is 23V-130.

If you are the unfortunate owner of a lemon like a Tesla Model Y all-electric SUV with persistent defects that the manufacturer is unable to fix, you may feel like you are out of options. However, there is hope: the California Lemon Law provides some protections for owners of defective vehicles, and a lemon law lawyer can help you navigate the process.

A lemon law lawyer can help you understand your rights under the California Lemon Law and negotiate with the manufacturer on your behalf. They can also help you prepare and submit a claim to the manufacturer and, if necessary, file a lawsuit to protect your rights. Lemon law cases can be complex, and having an experienced attorney on your side can make all the difference in the outcome of your case.

If you are having repeated problems with your Tesla Model Y and you think it could be a Lemon, or if you have any questions about your rights under the California Lemon Law, please call our office at 1-888-395-3666 or fill in the “Case Review” form at the top of this page, and get some great Lemon Law advice!

2015 Dodge Ram Lemon Law Buyback

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Our client purchased a new 2015 Dodge Ram truck.

His first visit to the authorized Dodge dealership was on December 5, 2016. He brought his vehicle in because a coolant leak was coming from the thermostat housing.

The next visit was on December 14th and the coolant leak was still leaking in the same area. The check engine light was also on.

On April 17, 2017 he brought the vehicle in again as the engine light was on and there was no power.

The last visit was on December 8th and the Dodge Ram was in the shop for 27 days because the turbo under boost was not working.

He heard about the Lemon Law and contacted our office. He spoke with California Lemon Law attorney, Barry L. Edzant who asked him to forward some documents. After reviewing the documents, Barry called the potential client to discuss and he decided to sign a retainer agreement with Mr. Edzant’s Law Firm.

A demand letter was sent to FCA, USA and they decided to buy the vehicle back under the California Lemon Law. They reimbursed our client for his down payment, all payments made, his registration, paid off the loan minus a usage fee that the manufacturer is entitled to under the CA Lemon Law. They also paid the attorney fees.Our client was very happy with the results.

If you think you may be driving a lemon, please contact our Law Firm at 888-395-3666 for a free consultation and answers to your questions.

California Lemon Law Buyback For 2016 GMC Acadia

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Our client bought a 2016 GMC Acadia,

In September our client took his Acadia to the authorized GMC Dealership because the A/C on the rear driver’s side and rear passenger side was blowing warm air.

The next visit was on September 25th because the check engine light was on and the vehicle seemed to be idling rough. After filling up the gas the vehicle did not want to start. Also, the A/C stopped working. A light would come on and flash but would not stay solid.

The vehicle was back at the dealership on October 17th because there was a hissing noise coming from the vents and the rear A/C was blowing warm air.

Our client was back at the dealership on December 20th because there was a noise coming from the engine. When turning off the vehicle there is a winding down noise. While using the A/C there is a bubbling noise. Also, the brakes were squeaking and making a bubble noise.

The next visit to the dealership for servicing was on February 6, 2019. The first concern was that when the vehicle was idling and the heater or A/C was on, it was making a bubbling noise. Another concern was the ambient lighting on the front passenger side was inop. The 12 volt charger in the rear was inop. When putting the lift gate up there is a very large clunking noise. The driver’s side door outer belt molding was deformed. The brake pedal was making noises.

The last visit was on February 19th and the ambient lighting on the passenger side by the glove box was inop. They were hearing a light bulb bubble noise from the dash. Also the A/C light button had flashed three times.

It was shortly thereafter that we heard from our soon to be client. They spoke with Barry and sent him some documents to review. Soon after they signed a retainer agreement and a demand letter was sent to General Motors Corporation to repurchase their vehicle under the California Lemon Law. GMC agreed to buyback the Acadia, pay off the balance, reimburse him for the down payment and any payments made, pay off the balance less the mileage fee allowed under the California Lemon Law. They also paid all the attorney fees.

Our client was very happy with the buyback of his vehicle. If you think you might be driving a lemon because of repeat problems that the dealership is unable to fix, please call 888-395-3666 for a free consultation.

2015 Dodge Ram 1500 – FCA Lemon Law Buyback

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Our client bought a 2015 Dodge Ram 1500.

He first took in in to an authorized dealership on May 10, 2017. The service 4 WD message came on and the vehicle seemed to be stuck in first gear. It was at the dealership for 3 days and they found a code and replaced the front Diff DTCM module.

His next visit was on June 15th because the vehicle had a hard time starting. There was also a tapping noise coming from the front end of the vehicle and his Dodge Ram had a huge loss of power. The vehicle was in the shop for 86 days.

Our client had heard that there was a part of the lemon law that dealt with a vehicle being out of service in the hands of an authorized dealership for 30 days or more (the 30 days do not have to be consecutive or for the same problem) and called our office.

He spoke with Barry L. Edzant, a California Lemon Law Specialist, and had his questions answered. Barry requested he email some documents for review. The client signed a retainer agreement and a letter was sent to FCA, USA demanding that they buy back the vehicle.

FCA, USA decided to buy back the vehicle under the California Lemon Law and reimbursed our client for his down payment, all payments made, his registration and paid off the vehicle minus a usage fee that the manufacturer is entitled to under the law. They also paid the attorney fees. Our client was very happy with the result.

If you are having problems with your vehicle and have questions about the California Lemon Law please call our office at 888-395-3666.

2017 Chevrolet Cruze Lemon Law Buyback For Repeated Repair Attempts

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Our lemon law client was excited about his new 2017 Chevrolet Cruze.

His first visit was at 747 miles on July 6, 2017. He was hearing a squeaky noise while driving his vehicle. The other problem that was presented at that visit was that while moving the driver side seat back it made a very loud noise. The Chevrolet authorized dealership had the vehicle for 20 days.

The next visit was on September 29th. His key FOB and the WiFi were both not working. The left front seat was making a rumbling noise when moving the seat from front or rear. He was also seeing the no key detected message coming on.

The 3rd visit was on May 8, 2018. His complaints at the time were the check engine light was on, the vehicle had a rough idle, he was hearing a metal tapping sound when driving at parking lot speeds and making turns which were coming from the rear of the vehicle. The Driver’s seat was also making a loud noise when moving the seat forwards or backwards.

On April 9, 2019 he brought the vehicle in again to the dealership. He was hearing a metallic rattle noise which appeared to be coming from behind the glove box. There was also a problem with the left front tire losing air and the passenger side rear tire losing air.

He was back at the dealership about 5 weeks later because both passenger side tires were losing air. The radio was also having some problems in that it would suddenly freeze.

July 23rd he brought the vehicle back to the Chevy dealership because it was pulling to the right and the suspension was feeling funny. He was also hearing a grinding noise from the right front wheel while driving. The key not detected message was coming on intermittently. The cabin air filter and air filter element needed to be replaced.

The last visit was about a week later. The driver’s side front seat back rest was falling when reclining and the key not detected message was displaying intermittently when trying to start the vehicle.

At this point our client was frustrated and called our office and spoke with California Lemon Law Attorney, Barry L. Edzant. Barry asked him to email us some documents to review. After signing a retainer agreement, a letter was sent to General Motors Corporation demanding that they buy back the 2017 Chevrolet Cruze under the California Lemon Law. GMC agreed to repurchase the vehicle and reimburse our client for his down payment, all monthly payments made, reimburse for registration and pay off the vehicle less a mileage deduction allowed under the law. They also paid all the attorney fees.

If you are having problems with your vehicle and want to know what your rights are under the lemon law, please call our office at 888-395-3666. We will be happy to answer your questions

2015 GMC Yukon Lemon Law Vehicle Buyback

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Our client bought a new 2015 GMC Yukon and initially was very happy with the vehicle.

He first brought his vehicle to the GMC dealership on May 17, 2017 because the vehicle had to be jump started and they replaced the battery. There was also a popping noise coming from the steering wheel when he would make turns.

The Yukon was back at the dealership 2 days later because the check engine light was on with the code P0430.

In November our client brought it in because the driver side taillight was not working.

On December 14th it was back at the GMC authorized dealership because the check engine light was on again. The vehicle was also displaying a message that said “service traction control”. Also when he would use the A/C, it would not blow cold air.

He requested that the front brakes be replaced on March 30th. He also noticed a clicking from the steering wheel and reported that to the service representative.

The Yukon was back at the dealership on May 18 because when turning the wheel there was a popping sound.

His final visit to the dealership was October 23 due to the fact that when turning the wheel there was still a popping sound.

He had heard about the lemon law and decided to contact our office to find out what his rights were under the California lemon law. He spoke with Barry L. Edzant, a California Lemon Law Attorney with over 32 years of experience. He was able to answer our clients questions and requested that the client send us some documents to review. Barry called back our client and explained what he would be entitled to be reimbursed under the California lemon law. He signed up with our firm and a demand letter was sent to General Motors Corporation immediately.

The client was thrilled because Mr. Edzant was able to get GMC to buy back the vehicle which included reimbursement for the down payment, all payments made to date and the payoff of the loan. GMC was entitled to subtract a mileage deduction allowed under the lemon law. They also paid for the registration and all attorney fees.

If you’re having problems with your vehicle and dealership doesn’t seem to be able to fix it, you may be driving a lemon.
Please contact our office at 888-395-3666 to find out if your vehicle may be a lemon. Mr. Edzant handles lemon law cases for the entire state of California.