An astonishing number of auto buyers find themselves stuck with a faulty vehicle—a lemon—because they assume they cannot afford an attorney. Attorneys in California commonly charge as much as $700 per hour. Even when using contingency-based payment, which charges no upfront fees but only collects payment contingent upon successfully settling or winning the case, legal fees could be a significant factor to consider when pursuing a legal claim.
If you’ve considered filing a lemon law claim, but you’re concerned about the cost of attorney fees, it’s important to understand who actually pays legal fees under the California Lemon Law. The manufacturer pays your attorney’s fees in a Lemon Law claim.
How Does a Free Evaluation Work?
Reputable lemon law lawyers in Santa Ana typically offer a free evaluation of your case. During this process, they will review the unique circumstances of your case and any documentation you provide, such as dealership warranty repair documents, vehicle purchase or lease contracts, and copies of any correspondence with the manufacturer. They may ask questions to assess your case accurately. If the attorney determines that you have a valid claim, they agree to represent you at no upfront cost. Often, an initial evaluation of a lemon law case doesn’t require an in-person meeting.
You Do Not Have to Pay Attorney’s Fees for a California Lemon Law Claim
California’s lemon law holds the manufacturer fully responsible for certain financial losses experienced by a buyer. This includes attorney’s fees, court costs, and legal fees involved in the claim. These attorney-fee provisions are included in the text of the California lemon law, which states that the manufacturer is responsible for paying “reasonable attorney’s fees” and other expenses incurred by the buyer during the claim process.
At Young & Young APC, no lemon law client in California has to worry about facing the cost of an attorney to file a claim. The manufacturer pays the attorney fees if the buyer wins the case.
Am I Responsible for Paying the Attorney If the Manufacturer Denies My Lemon Law Claim?
Most lemon law attorneys use contingency-based payment so the buyer does not have to pay their fees even if they receive a denial. The payment is contingent upon winning, in which case, the manufacturer pays.
If there is no recovery, there is no fee for an unsuccessful lemon law claim.
A car is considered a lemon if it’s undergone four or more failed warranty repair attempts for a defect, or two or more failed warranty repair attempts for a defect that presents a safety hazard. The vehicle repairs must have been covered under the factory warranty for a valid lemon law claim. In most cases, a lemon law attorney determines that a car qualifies as a lemon during their initial evaluation of the case and only agrees to pursue the claim if they feel certain it will be successful.
What Can I Recover Through a Successful Lemon Law Claim In California?
California offers robust consumer protections, including for large-ticket items such as a car, truck, or SUV. A lemon law claim for a vehicle is particularly important to resolve because some vehicle defects impact the safety of motorists, both inside the faulty car and those sharing the roadway. A successful California lemon law claim provides a replacement vehicle of similar style and value, a refund, or cash settlement. In a successful lemon law case, the manufacturer fully pays your attorney as part of the settlement agreement or court award.
