California Lemon Law Claims
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 If I qualify under the Lemon Law, what am I entitled to? |
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You are entitled to receive a refund
plus vehicle registration fees, rental car costs and towing charges. The consumer may choose to have their vehicle repurchased.
Additionally, the manufacturer may not compel the consumer to take a replacement vehicle.
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| The manufacturer is entitled to a mileage offset for the value
of the miles placed on the vehicle before the first time the vehicle was taken in for the problem or defect that
is resulting in the repurchase. [top] |
| Do used cars qualify under the Lemon Law? |
| YES. A used car can qualify under the Lemon Law as long as
it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household
purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer. |
| If the vehicle was sold "as-is" or "with all
faults" the Lemon Law probably will not apply, unless the vehicle was a former "lemon law buyback"
and this was not properly disclosed to the purchaser. [top] |
| Do leased vehicles qualify under the Lemon Law? |
| YES. All leased vehicles covered by a warranty qualify under
the Lemon Law. [top] |
| Do recreational vehicles (RV's / motor homes), motorcycles, boats and other consumer vehicles qualify under the Lemon Law? |
| YES. All of the above qualify under the Lemon Law in the same
way any consumer product covered by a warranty would qualify. [top] |
| Does the California Lemon Law apply only to the first 18 months or 18,000 miles? |
| NO. The law applies as long as the vehicle is under the manufacturer's
new car warranty, and sometimes longer. In many instances a vehicle may still qualify under the law even though
the vehicle is outside the warranty period, as long as the first repair attempt for the defect occurred within
the warranty period. [top] |
| Do I have to go through the manufacturer's arbitration program? |
| NO. Most manufacturers offer an arbitration program to "assist"
consumers to resolve their disputes with the manufacturer. But these arbitration programs are overseen and supported
by the manufacturer. Participation in these programs often results in wasted time and unsatisfactory decisions
or an "award" short of what the consumer is entitled to under the law. In California, it is not necessary
for a consumer to first participate in a manufacturer's arbitration program before taking legal action. [top] |
| How many times do I have to take my car back for repairs? |
| The law states that the manufacturer is entitled to a reasonable
number of attempts to repair the vehicle. The law does not specify what "a reasonable number of attempts"
is. As a rule of thumb, four repair attempts for the same problem is generally considered a reasonable number.
This is only guideline that may vary depending upon the seriousness of the problem. Another factor to consider
is the number of miles between repair attempts. [top] |
| Instead of one item breaking several times, what if several items break only one time and the dealer
fixes it each time? |
| A consumer can have a Lemon Law case when a variety of defects
demand continuous repair. The facts of each individual case must be taken into consideration but it is possible
to have a qualifying Lemon Law case based on the cumulative number of days in the shop alone. [top] |
| What if I take the car to the dealer for repair, but they don't perform actual work on the problem? |
| This still counts as a repair attempt. The dealer had an opportunity
to repair the vehicle. [top] |
| What if my car is out of its warranty period? |
| If the first repair attempt for the problem or defect occurred
within the warranty period, then the vehicle may still qualify for a refund or replacement vehicle under the law,
provided all other requirements are met. [top] |
| What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle? |
| If the consumer feels that there is a problem with the vehicle,
it should be taken to another dealer to get a second opinion, or the manufacturer should be contacted directly.
An independent automotive expert can also be retained to inspect the vehicle and determine if the condition is
normal. [top] |
| Do I have to take the vehicle back to the dealer I bought it from? |
| NO. All authorized dealers operate as the manufacturer's agents
for the purpose of warranty repairs. Therefore, any authorized dealer can do warranty work on your vehicle. [top] |
| Can an independent repair shop perform warranty repairs on my car? |
| NO. You must take it back to an authorized dealer for warranty
repair work. The law states that the manufacturer must have a reasonable opportunity to repair the vehicle. An
independent repair shop is not an agent of the manufacturer, so any repairs done at such a shop do not qualify
as attempts by the manufacturer to repair the vehicle. A repair by an independent shop may void that portion of
the warranty on the vehicle. [top] |
| Do I have to keep my car in order to pursue restitution under the Lemon Law? |
| NO. It is not necessary to keep the car. However, there are
certain procedures you should follow when selling it or trading it in to preserve your rights. If you sell the
car you should have the buyer sign a written disclosure that states that he knows about the problems you have had
with the vehicle. Before you sell the vehicle it is also advisable to get an expert inspection done to verify the
existence of the problem in order to "preserve your evidence." Finally, before you sell the vehicle,
you should notify the manufacturer that you believe the vehicle is a lemon and that you are selling it (or trading
it in). [top] |
| If a vehicle is purchased "as-is" or "with all faults" does the Lemon Law apply? |
| NO. A vehicle sold "as-is" or "with all faults"
is being sold in the condition it is in. It is devoid of any warranties. The buyer is accepting the vehicle "as
it is" regardless of condition. [top] |
Presumption and the Lemon Law
Lemon Law Wins
