FAQS

FREQUENT QUESTIONS REGARDING NEW & USED VEHICLE LEMON LAW

CALIFORNIA LEMON LAW FAQS

When does a vehicle qualify under the California Lemon Law?

To qualify under the California Vehicle Lemon Law  the vehicle must have  a problem which the dealerships have been unable to repair.  For the law to apply, the dealerships must be given a reasonable number of opportunities to repair the vehicle within the warranty period.

 

How many times must I take my car to the dealer before I have a valid California Lemon Law claim?

The California Lemon Law states the dealerships must be given a reasonable number of opportunities to repair a vehicle.  The law does not require a specific number of repair visits.  Typically, four visits for the same problem will qualify, but, depending on the defect, fewer visits may be enough.  For example, a defect as severe as an electrical or brake system failure may require only two visits.  Furthermore, if a vehicle spends a cumulative total of 30 days in the shop for warranty repairs, it may qualify no matter how many visits were made.  Since there is no specific number of visits, each matter should be assessed on a case-by-case basis.

 

Can I have a claim under the California Lemon Law if my repair visits did not occur within the vehicle’s first 18 months and 18,000 miles of use?

Yes, the California Vehicle Lemon Law does not require that the repair visits occur within the first 18 months or 18,000 miles of use.  If your repair visits occurred within the warranty period, you will be afforded the protections of the California Lemon Law. 

 

What am I entitled to if my vehicle qualifies under the California Lemon Law?

If your vehicle qualifies under the California Vehicle Lemon Law, you will be entitled to a refund of your down payment, monthly finance payments, and to have your vehicle loan paid off in full.  You will also be entitled to reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses.  If offered by the manufacturer, you may choose to have your vehicle replaced with a similar vehicle instead of having your money refunded.  With either a repurchase or a replacement, the manufacturer will be entitled to a relatively small credit for the mileage driven on the vehicle before the vehicle was first taken in for repair of the defect.

 

Does the California Lemon Law apply to used vehicles?

Yes, the vehicle Lemon Law applies if the repair visits occurred within the original or extended warranty period.

 

Does the California Lemon Law apply to leased vehicles?

Yes, the vehicle lemon law applies to purchased and leased vehicles.

 

Does the California Lemon Law apply to anything other than vehicles?

Yes, the lemon law applies to all consumer goods, including motorcycles, boats, and recreational vehicles.

 

Can I still have a claim under the California Lemon Law if I did not go through arbitration?

Yes, California’s  vehicle Lemon Law does not require that you first arbitrate your case.

 

Can my free consultation be conducted over the phone?

Yes.  Documents can be submitted for  review by email or regular mail.  If needed, I will travel to your local area at no cost to you.  Any lawsuit filed in your case will be litigated in your local county or district court.

 

What fees will I have to pay to hire an attorney?

I do not charge my clients any up-front fees.  The California Lemon Law includes an attorney's fees provision which allows me to collect the hourly rate and court costs from the automobile manufacturer at the successful resolution of the claim.  Furthermore, any applicable contingency fee would not be due until settlement proceeds are recovered.

 

Can my case be resolved without having to go through formal court proceedings?

Yes, many vehicle Lemon Law cases settle without a lawsuit having ever been filed.

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The Lemon Law Expert specializes in California Lemon Law. Our lemon law firm can help with your lemon car, truck, SUV, RV motor home, trailer, 5th wheel, motorcycle or boat. With 20 years and 44 jury trials we can fight manufacturers such as: Acura, BMW, Buick, Cadillac, Chevy, Chevrolet, Chrysler, Dodge, Fiat, Ford, GM, GMC, Honda, Infiniti, Jaguar, Jeep, KIA, Land Rover, Lexus, Mazda, Mercedes, Mini, Mitsubishi, Nissan, Porsche, RAM, Saab, Subaru, Toyota, Volkswagen and Volvo.