California Truck Lemon Law
Protecting Your Investment
If your truck—personal or commercial—has persistent defects that can’t be fixed after multiple repair attempts, you may be protected under the California Lemon Law. This law ensures that consumers and businesses do not bear the burden of owning a defective truck. Whether it’s a safety issue or an ongoing mechanical failure, our legal team is here to help you get the compensation you deserve.
Who Qualifies Under California Lemon Law?
California’s Lemon Law applies to both consumer-owned and commercial trucks. To qualify, the car must meet specific conditions:
- Multiple Repair Attempts: If the truck has been repaired for the same defect at least four times, or if the issue poses a significant safety risk after two repair attempts.
- Out of Service: The truck has been in the shop for 30 days or more, whether consecutive or not, due to repairs.
- Covered by Warranty: The defect must arise during the warranty period and must significantly affect the vehicle’s safety, use, or value.
These criteria apply to various types of trucks, but certain protections are specific to consumer-owned or commercial vehicles based on their size and use.
Differences Between Commercial and Consumer Trucks
California Lemon Law recognizes that commercial and consumer trucks are used differently. Commercial trucks with a higher gross vehicle weight rating (GVWR) may have different qualifications or exclusions, but smaller commercial trucks can still qualify under specific circumstances. Our attorneys can help you determine if your truck meets the necessary criteria for a claim.
How to File a Lemon Law Claim for Your Truck
To file a lemon law claim, it’s crucial to have the following documents ready:
- Repair Records: Keep track of all repair attempts with dates, issues, and outcomes.
- Warranty Documentation: The defect must occur during the warranty period.
- Manufacturer Communication: Document all interactions with the manufacturer or dealer regarding the defect.
Once your documents are in order, contact our team. We specialize in guiding clients through the claims process and ensuring you get the compensation, buyback, or replacement that you deserve.
Remedies: Buyback, Replacement, or Compensation
When a truck qualifies as a lemon, California law provides several options:
- Buyback: The manufacturer repurchases the truck, including the down payment, monthly payments, and associated fees, minus a mileage deduction.
- Replacement: The manufacturer may offer to replace the defective truck with a new, comparable model.
- Cash Settlement: In some cases, cash compensation can be negotiated to cover the truck’s diminished value.
Manufacturer Obligations Under Lemon Law
Manufacturers are required by law to address defects once a truck qualifies under the Lemon law. They must either buy back or replace the vehicle, or offer a fair settlement. If you feel the manufacturer is not meeting its obligations, our legal team can ensure your rights are fully protected.
Additional Legal Protections for Truck Owners
Beyond the Lemon Law, California also offers protections under the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act, which provide extra legal avenues for truck owners facing unresolved vehicle defects.
Get a Free Case Evaluation Today
If your truck has been in the shop more often than on the road, you could qualify for compensation. Our experienced attorneys are ready to evaluate your case, guide you through the legal process, and help you reclaim your peace of mind. Contact us today for a free consultation and take the first step toward resolving your California truck lemon law claim.
FAQ's
A truck is considered a “lemon” if it has significant defects that impact its safety, use, or value, and these issues persist despite multiple repair attempts. Specifically, if the truck has been repaired at least four times for the same defect, or it has been out of service for 30 or more days due to repairs, it may qualify as a lemon.
Yes, California’s Lemon Law applies to both consumer and commercial trucks. However, commercial trucks with a high gross vehicle weight rating (GVWR) may have different eligibility requirements. Our legal team can help determine if your commercial truck qualifies under the law.
If your truck qualifies as a lemon, you may be entitled to several remedies, including:
- Buyback: The manufacturer repurchases the truck and reimburses associated costs like down payments and registration fees.
- Replacement: You may receive a new vehicle of similar value and features.
- Cash Settlement: In some cases, you can negotiate cash compensation for the diminished value of the vehicle.
To file a claim, you’ll need the following documents:
- Repair records showing all repair attempts and service dates.
- Warranty documentation proving the defect occurred within the warranty period.
Any communication with the manufacturer regarding the defect or repairs.
The primary difference lies in the vehicle’s usage and GVWR. Commercial trucks may have different eligibility rules, particularly if they exceed certain weight limits. Smaller commercial trucks are typically covered by the Lemon Law, but large trucks may have some limitations.
You generally have four years from the date you first noticed the defect to file a claim under California’s Lemon Law. However, it is recommended to start the claim process as soon as possible to avoid any potential issues.