How is it possible that a vehicle manufacturer will pay the consumer’s attorneys’ fees as it relates to a lemon law claim? This is a very frequently asked question. In the American legal system, generally, each party bears the burden to pay their own attorneys’ legal fees. There are some instances, however, where the law will shift this burden to the party who loses, to pay the prevailing party’s attorneys’ fees. This is generally done by statutory provision. This is the case under the California lemon law, which is codified under the Song Beverly Consumer Warranty Act, specifically, Section 1794 (d). “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Id.
Although a consumer is not required to use legal counsel when filing a lemon law claim, there is a myriad of benefits in using a competent lemon law attorney, especially when the Song Beverly Consumer Warranty provides for attorneys’ fees for the prevailing party.
Luis Aguirre California Lemon Law Attorney 26060 Acero Suite 111
Mission Viejo, CA 92691 Telephone: 949.342.6199.