Guide to Finding California Lemon Law Lawyer

It is well-known that buying used or even new cars can be a risky venture. After all, who knows what kinds of stress they’ve incurred, what potential hazards they may be vulnerable to. Thankfully, the state of California has recognized this risk and done something about it, creating California lemon laws to protect consumers from faulty cars. State statutes can be complex, though, and it may take a qualified California lemon law lawyer to help you get a working motor vehicle.

Who Should Hire a California Lemon Law Lawyer?

Many consumers have problems with their new cars, but not all of them qualify for assistance under California’s Lemon Law. There are two basic qualifications; if you don’t say yes to both of these questions, then you should not hire a California lemon law lawyer.

1. Is my car still under warranty, not just “extended warranty,” but still under the manufacturer’s warranty?

2. Do the car’s defects substantially impair its use, its value, or its safety?

For those who answered yes to those questions, the manufacturer is required by law to fix your car, replace it, or give you your money back. The car manufacturer can then take anywhere from two to four attempts to repair the vehicle, depending on how life-threatening its particular glitches are.

A popular misconception is that to qualify for the California Lemon Law, there is a minimum amount of repairs that need to be performed, either in the car’s first 18 months or during its first 18,000 miles. Neither are strict requirements written into the law. You should contact a California Lemon Law lawyer right away to find out if you qualify.

Statute of Limitations

The State of California has in place strict limitations on when you can file complaints in civil cases. In 1991, when the Lemon Law was new, it was brought to the State Supreme Court in Krieger v. Nick Alexander Imports and found to be essentially a breach of warranty claim. This meant that a four-year statute of limitations applies. That four years is not from the date of manufacturing or the date of purchase but from the date that you learned of the vehicle’s defect. Since this statute of limitations is in place, it is important that you find a California Lemon Law Lawyer right away to help you to file a complaint.

What Does a California Lemon Law Lawyer do?

If a CA lemon law lawyer agrees to take your case, they will file a complaint in a California court for you and will notify your car’s manufacturer of the complaint. They will seek reimbursement for the down payment you provided for the car, any payments made since them, any incidental costs related to the car’s defect such as towing costs and rental car costs, and attorney fees. If the case is taken to court, your CA lemon law lawyer will represent you there. In the meantime, they will also represent you in any settlement negotiations with the manufacturer, including supervised mediations and arbitrations.

California Lemon Law Lawyer Fees

CA lemon law lawyers, like all lawyers, need to be paid in some way or another. There is a great variety of different methods that California lemon law lawyers can use to charge their clients. Some may charge flat fees up-front for their services. Others generate an amount at the outset that they must receive whether or not they win the case, so that if the case is lost, their client must pay them. Many of these CA lemon law lawyers make the majority of their income in contingent fees, that is money paid only if the case is won.

Some CA lemon law lawyers only charge their clients on a contingent basis. The attorney’s pay then usually comes from the manufacturer and is taken neither from the client nor the client’s cash award. Before you sign any sort of contract with a CA lemon law lawyer, make sure you understand and agree with your CA lemon law lawyer’s fee plan. Don’t forget to ask if they charge auxiliary fees, such as drafting fees or paralegal fees.

Questions to Ask Before Hiring a CA Lemon Law Lawyer

When we hire a California lemon law lawyer, we are taking a huge leap of faith that this person will suitably represent ourselves and our legal concerns in a court of law. No matter how many precautions we take, this is still an elemental act of trust. However, by researching firms more, we can be more confident that a California lemon law lawyer is the right fit for us. Here are a few things to ask about your California lemon law lawyer before you hire them:

1. Are they a member of the State Bar of California? California lemon law lawyers have to be to practice in the state of California, so be absolutely sure of this.

2. Do they have malpractice insurance? Most legitimate attorneys have this, which gives you confidence that an attorney can pay you if you sue them for malpractice.

3. Are they really a California lemon law lawyer? Some groups who claim to be CA lemon law lawyers are actually out of state attorneys who outsource their California clients to lawyers they have a referral contract with.

4. How much do they talk about their litigation success? Too much? Too little? Ideally, your CA lemon law lawyer won’t even have to go to trial; the case will be resolved quickly and fairly out of court. Any attorney that talks too much about their trial skills isn’t necessarily looking out for your best interests. However, the chance remains that no matter how practical and skillful your CA lemon lawyer is, the case will end up going to trial, in which case you want a CA lemon law lawyer with at least some experience in the courtroom.

5. Can I afford this attorney? Some highly reputable firms charge flat fees at the beginning of their services; other reputable ones charge the client nothing at all. The CA lemon law lawyer you choose should reflect your financial abilities.