Lemon Law: Who pays the fee?

The Lemon Law is a "fee shifting" statute. It is a Consumer Protection statute, and it is designed to make it possible for average consumers to stand up and protect themselves. The manufacturer pays the legal fees you incur to enforce your rights. The California Legislature realized that giving consumers the right to enforce the warranty would be meaningless without also giving them the ability. The Lemon Law shifts the burden of paying the fees from you the consumer to the manufacturer. It makes it possible for the average person to enforce their warranty rights.

It is more important than ever to keep good records, make sure the repair order says what you told the dealer, and don't be deterred.

Consumer laws and specifically the Lemon Law are under constant assault in every state capital and in Washington D.C. The Automobile Dealers, the Manufacturers, and others lobby long and hard to make it easier for them to shirk their responsibilities, walk away from their promises, and sell wrecked, damaged, and substandard vehicles to the public. Write your assembly person or congressional representative. One letter from you does have an impact. To find your State Representative, see the link below.

Official California Legislative Information

The requirements of the lemon law are very technical, and
the assistance of a lawyer is important to protect your rights.

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The Law Office of Michael E. Lindsey
Tel: (858) 270-7000 Fax: (858) 270-7710