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Defending against Lemon Law claims

On Behalf of | May 26, 2021 | Auto Dealership Law |

Most auto dealerships will at some point have to face a lemon law claim filed by a customer. Dealership customers who have purchased a new or used vehicle that isn’t working as they hoped it would be often looking for someone to blame and the dealership is often the easiest target. However, there are many ways a California dealership can defend against these lemon law claims with the help of an experienced business litigation attorney.

Defending against California lemon law claims

Auto dealerships often depend on their reputations to keep their businesses afloat, particularly during difficult economic times. That is why it is so important for dealerships to defend themselves against customer claims. Here are some of the most lemon law common defenses used by attorneys specializing in auto dealership law.

  • Customer vehicle not covered by California lemon law (e.g. vehicles sold without a manufacturer warranty, vehicles purchased outside of California, vehicles not purchased from a dealership).
  • Customer failed to allow dealership a reasonable number of opportunities to remedy the defect.
  • Vehicle defect is non-significant (defect does not negatively impact ‘use, market value, or safety’ of customer vehicle).
  • Warranty has expired or defect is not covered by warranty (defect caused by poor maintenance by customer).
  • Claim was brought by customer more than four years after the customer knew or should have known that the purchased vehicle was a ‘lemon.’

A successful lemon law claim can cost a dealership a lot of money and ruin its reputation. An experienced attorney in your area can collect the necessary evidence and come up with a defensive strategy to help protect your business from customer claims that may arise over the years.




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