Lemon Aid: Tips to Protect Your Lemon Law Rights

Car makers and dealers do everything they can to avoid buying back or replacing your defective vehicle. Your best weapon is a strong paper trail. Follow these tips to protect your California lemon law rights. Contact us for a free case review.

1. Document every problem with your vehicle

Take the vehicle to the manufacturer’s authorized repair shop to attempt repair of the problem. Keep every work order, invoice, and receipt. The repair record is often the most important evidence in a lemon law case.

2. Make sure the repair facility records your complaint exactly as you describe it

Review the repair order before you leave. If the shop writes down something different from what you told them, ask them to correct it. The written complaint must accurately reflect the defect you reported.

3. Never leave the repair facility without a repair order

An undated, unsigned repair order is of little value. Always obtain a written repair order documenting the visit, the complaint, and the work performed.

4. Keep a log for intermittent problems

If the defect comes and goes, keep a log in the vehicle recording the date and time of each incident. Describe the problem and the driving conditions. This log helps establish that the defect is real and ongoing.

5. Don’t let the vehicle be repaired into a different condition

If you believe you have a lemon, contact an attorney before taking the vehicle in for further servicing. A vehicle generally must be in its malfunctioning condition when a claim is asserted. Getting it repaired before you pursue your rights can hurt your case.

6. Get legal help before you settle

Consumers are often told they don’t have a case when they actually do, or are pressured into accepting far less than they are owed. An experienced lemon law attorney can evaluate your case for free. At Makler & Baker LLP we handle cases on a contingency basis, so you pay nothing unless we win.

Learn more: California Lemon Law Guide · Lemon Law FAQs · Contact Us