Leasing a vehicle is a great alternative for many because it offers flexibility and convenience. But what if the unexpected happens, and the car begins to show signs of a defect? You may start to wonder: Does the Lemon Law still protect me? The answer may surprise you.
Here, we explore how the Lemon Law for leased cars works and how you can exercise your rights. If you’ve been wondering if you have a lemon law lease California qualifies for compensation, wonder no more. Let’s get into it.
What is Lemon Law?
The Lemon Law is a legal protection designed to help consumers who have purchased or leased lemon vehicles. It gives you the right to get a refund, replacement, or compensation if your car has recurring problems that the dealer can’t fix. These laws exist to prevent consumers from being stuck with unsafe or malfunctioning vehicles.
Does Lemon Law Apply to Leased Vehicles?
Yes, in most states, including California, you can use the Lemon law on a lease, just like purchased vehicles. Whether you buy or lease, you are entitled to a car that meets basic reliability and safety standards.
Your leased vehicle may have significant mechanical or safety issues that weren’t resolved after several repair attempts. If so, you can take legal action under the Lemon Law just like someone who bought their vehicle.
What Makes a Lease a Lemon?
This is the million-dollar question. To qualify as a lemon, a leased car must meet certain criteria, which generally include:
- The car must have a notable defect affecting its usability, safety, or market value.
- The dealer or manufacturer has attempted several repairs, but the issue persists.
- The vehicle has been out of service for an extended period.
- The problem started within a certain timeframe or mileage after you leased it.
These criteria vary by state, so you must check your local laws. No matter how bad the problem is, only issues that occur within the warranty period are considered. In California and some other states, this means problems within the first 18 months or 18,000 miles after leasing the car, but check your coverage. You should always report each issue as soon as they occur since only reported ones count as evidence.
How Can I Exercise My Rights Under Lemon Law?
If you believe your leased vehicle is a lemon, here’s what you should do:
- Document the Problem: Start a “Lemon Log.” Write down every problem, every repair visit, and every conversation with the dealership. Take pictures, save receipts, and treat your case like you’re a detective gathering proof that a crime was committed.
- Save Repair Invoices: Every time you go for repairs, make sure you collect a copy of the repair invoice. These documents prove that you gave the dealer a chance to fix the issue and states the results of their efforts.
- Contact a Lemon Law Attorney: If the problem persists after a few repair attempts, consult an attorney. They can help determine if you have a Lemon Law lease and guide you through filing a claim.
How Long Does the Process Take for Leased Vehicles?
The timeline can vary depending on your state and the complexity of the case. In California, the process usually takes three to nine months when it’s simply negotiations between your lawyer and the automaker. If the manufacturer refuses to settle, your attorney may take the case to arbitration or court, which could extend the timeline.
What Compensation Can I Receive for a Leased Lemon Vehicle
If your leased car is a lemon, you have a few settlement options:
- Refund of Lease Payments: You may be eligible for a refund of the payments you’ve made on the lease. Other costs like taxes, fees, and registration may also be returned to you.
- Replacement Vehicle: In some cases, the manufacturer may offer to replace the defective lease with one of equal value, but you would be expected to continue the lease payment on the new one.
- Reparations for Incidental Costs: The manufacturer may also have to reimburse you for out-of-pocket costs for things like towing services, rental cars, and other expenses.
Can I Return a Leased Car if It Has Problems?
Yes, you can, but only under the Lemon Law. If the law declares your car a lemon and you receive a refund, the lease has ended, and you no longer have to make future lease payments. If you receive a replacement vehicle, your lease may be transferred to the new car with the same terms, or you may negotiate new terms.
Are There any Special Considerations for Leased Vehicles Under Lemon Law?
Sure! Leased vehicles have a few quirks when it comes to Lemon laws:
- Mileage Deductions: If you get a refund, the amount may be reduced when the automaker considers the mileage offset. This offset is the amount deducted and charged for the period you drove the vehicle without any problems.
- Lease Term Impact: If your lease is almost up, you might want to reconsider pursuing a Lemon Law claim. Sometimes, it might be easier to simply ride out the lease (assuming the car is safe to drive, of course).
Will I Be Charged for Normal Wear and Tear on a Leased Lemon?
No. Under Lemon law, you are not responsible for normal wear and tear on a defective vehicle. However, manufacturers may try to deduct certain charges from your refund under the guise of wear and tear. That’s why having a Lemon lawyer review any settlement offers you get from the manufacturer is so important. You don’t want to suffer any unnecessary deductions.
Should I Research Specific Lemon Law California Leased Car Provisions?
While you can attempt to read up on your local statutes and resolve a Lemon law claim on your own, having an attorney increases your chances of success. Manufacturers often try to deny claims or offer ridiculously small amounts as settlements. Having a Lemon law attorney who knows the legal process and how to gather evidence can guarantee a better outcome than if you do it alone.
Frequently Asked Questions
Below are some common questions asked by owners of leased vehicles.
Does lemon law apply to leases?
Yes, depending on the state laws, you can apply the Lemon Law to a leased vehicle in many cases.
What if the manufacturer offers to extend my warranty instead of replacing my car?
This is a common tactic, but it’s not always in your best interest. An extended warranty doesn’t solve the underlying problem with your vehicle. You’re entitled to a car that works properly, not just longer coverage for a problematic vehicle.
Can I still use my leased car while pursuing a Lemon Law claim?
Yes, as long as the car is safe to drive. Using the car (within reason) can demonstrate that you’re acting in good faith. Just make sure to document any ongoing issues.
Time to Act!
There you have it. Everything you need to know about Lemon Laws and leased vehicles. If you’ve been wondering “Can you lemon law a lease”, remember that the Lemon Law doesn’t protect only those who purchase cars. Those who leased vehicles have protections too! If your leased car, motorcycle, truck, or RV gives you repeated troubles, you don’t have to deal with it any longer. Exercise your rights under the Lemon Law, contact our legal team at Quill & Arrow, and secure a fair outcome. You deserve a vehicle that works, and we’ll help you get there!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions