Lemon Law Attorney in Montrose

Does Your Vehicle Qualify Under California Lemon Law?

The Song-Beverly Consumer Warranty Act (California Civil Code Section 1793.2) protects buyers and lessees when a vehicle has a defect that substantially impairs its use, value, or safety and can’t be repaired after a reasonable number of attempts. “Reasonable number of attempts” isn’t a fixed count: for serious safety-related defects involving brakes, steering, or airbags, as few as two failed repair attempts may be enough.

Covered Vehicles

Covered vehicles include new cars, trucks, SUVs, and vans purchased or leased, as well as used and Certified Pre-Owned vehicles still under the manufacturer’s original warranty. The chassis, chassis cab, and the portion of a motorhome devoted to its propulsion are also covered. The defect must fall under the manufacturer’s warranty; issues caused by owner modifications or accidents aren’t protected.

The 30-Day Rule

There’s a second path to qualification worth knowing: if your vehicle has been out of service for more than 30 cumulative days during the warranty period, that alone may support a lemon law claim regardless of how many individual repair attempts occurred.

What Montrose Residents Can Recover

A successful claim can result in a full vehicle repurchase, a replacement vehicle, or financial compensation. The buyback refund covers your down payment, monthly payments made, registration costs, license fees, applicable taxes, towing charges, and rental car expenses. A mileage offset is subtracted, calculated from miles driven before the first warranty repair attempt.

Beyond the base buyback, we consistently pursue civil penalties and actual damages. When a manufacturer willfully fails to comply with its obligations under the Song-Beverly Act, civil penalties of up to two times actual damages may be available. Because the Act includes a fee-shifting provision, the manufacturer pays attorney fees when we win. You pay nothing out of pocket.