The California Lemon Law was created to give consumers rights to a replacement or refund once they have given a manufacturer through it’s selling dealers a reasonable opportunity to repair defects that substantially impair the use value or safety of their vehicle.

But what about hiring an attorney to enforce your rights? Isn’t that expensive? An attorney who has experience representing consumers in lemon law knows he will be compensated by his client’s right under the law to recover attorneys fees as part of the recovery from the manufacturer. The law was designed recognizing that consumers have limited funds and sought to encourage consumers to pursue their rights, and to encourage attorneys to represent these consumers, by ensuring full compensation for time expended regardless of the consumer’s monetary recovery.

The California Supreme Court said: “… the primary financial benefit the Song-Beverly Act [lemon law] offers to consumers who sue thereunder to enforce their rights: their ability, if successful, to recover their ‘attorney’s fees based on actual time expended.’ Such fees generally comprise the lion’s share of the litigation costs, and the prospect of having to pay attorney fees even if one wins a lawsuit can serve as a powerful disincentive to the unfortunate purchaser of a malfunctioning automobile. By permitting prevailing buyers to recover their attorney fees in addition to costs and expenses, our Legislature has provided injured consumers strong encouragement to seek legal redress in a situation in which a lawsuit might not otherwise have been economically feasible.”

So don’t let the idea that hiring an attorney to represent your rights in the context of a Lemon Law claim back you down from going forward. This law was made for you if you own a “lemon.” Use it.