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Lemon
Law...
FAQ's (Frequently Asked Questions)
- Am I
required to go through Arbitration before pursuing a Lemon
Law claim?
No. The
California Lemon Law does not require the consumer to
participate in arbitration that may be offered by the vehicle
manufacturer in order to pursue a Lemon Law claim. The
consumer can go directly to a lemon law attorney, who can
facilitate a lemon law claim/case that has the strength of a
lawsuit behind it. A consumer cannot do this on their own.
- Am
I required to notify the vehicle manufacturer and give
them a opportunity to repair a problem before pursuing a
Lemon Law claim?
No. So long
as the manufacturer’s authorized warranty repair facility
has had a reasonable number of opportunities to repair a
warranty problem, the manufacturer need not be given notice or
a opportunity to repair the problem. Automobile manufacturers
receive “warranty claims made” submissions from the
dealers for warranty work, so they are very well aware of what
has been transpiring with your vehicle in the dealers shop.
- Does
the Lemon Law apply to vehicles that are older than one or
two years?
Yes. As
long as the vehicle is having warranty problems, the Lemon Law
potentially can apply no matter hold old the vehicle is. The
Lemon Law may also apply to a vehicle even if the original new
vehicle warranty has expired so long as the vehicle is still
having problems complained about on repair orders during the
original warranty period. Many used vehicles are now sold as
“certified pre-owned”. These vehicles comes with a very
long, manufacturer-based limited warranty. Many certified
pre-owned warranties (which come free with the vehicle) can
cover the vehicle up to 75 or 100,000 miles!.
- Does
the Lemon Law apply to vehicle that have in excess of
18,000 miles, or 18 months?
Yes. As
long as the vehicle is having warranty problems, the Lemon Law
may apply no matter what the odometer reading is on the
vehicle. Do not believe what your vehicle’s warranty book
says. This is for all 50 states. They would lead you to assume
that your lemon law claim must be in the first 18 months or
18,000 miles. This is simply NOT the case. It’s the whole
warranty period, including “powertrain” warranties that
many new vehicles come with.
- Is
a vehicle registered to a business on lease or purchase
covered by the Lemon Law?
Please
click on our web site link “Senate
Bill 1718 Passed”
for more information on business use/owned/leased vehicles.
- Is
there a specific number of repair attempts that must be
completed in order to have a valid Lemon Law claim?
No. There
must be a reasonable number of repair attempts. The definition
of what constitutes a reasonable number of repair attempts
will vary given the vehicles particular problem(s). In
general, if a problem has been subject to at least four
separate repair attempts at the manufacturers authorized
repair facility, or has spent more than 30 days cumulative in
the shop, this is sufficient to establish a reasonable number.
What affects the number of repair attempts is how many months
the vehicle has been in warranty service, and how many miles
are on the vehicle relative to how long it’s been owned or
leased.
- Are
there situations where only 2 repair attempts are
considered reasonable?
Please
click on our web site link “Senate
Bill 1718 passed”
for more information.
- Does
the Lemon Law apply only to passenger cars?
No. The
Lemon Law applies not only to passenger cars, but also to
trucks, SUV’s, vans, motorcycles, and all consumer goods
that are covered by a manufacturers warranty and are used
primarily for personal, family or household use.
- Does
the Lemon Law apply to vehicles that are purchased used?
Yes. The
Lemon Law can apply to a used vehicle. The vehicle must be
covered by a warranty.
-
Does the
Lemon Law apply to minor defects, or only significant
defects?
The
Song-Beverly Act applies to defects which constitute a
substantial impairment to the use, value or safety of the
vehicle to the owner or lessee. Therefore, inconveniences
(static or poor reception in the radio, for example) normally
do not make a Lemon Law claim. Serious problems with brakes,
transmission, engine function, SRS/airbag, inoperable air
conditioning, persistent water leaking, engine oil or
transmission oil leaks, overheating, “CHECK ENGINE”, to
cite a few, are examples of Lemon Law issues that
substantially impair the use, value, or safety of the vehicle.
There are other federal laws that further expand on what is
considered to be a “defect” that constitutes replacement
of purchase price or a refund of monies spent.
-
What if my repairs were done under
the “extended warranty” the dealer sold me?
Dealers
will often represent manufacturer or after-market “service
contracts” or “mechanical breakdown” policies as
“extended warranties, and consumers buy them. These are not
a “warranty” at all as it pertains to the California Lemon
Law. The only exception to this is the “Mercedes Extended
Limited Warranty”, as it specifically uses the word
“warranty”. All others are NOT warranties, and thus the
repairs done are NOT applicable (usable) as “repair
attempts” under our California Lemon Law.
TOLL-FREE
FROM ANYWHERE IN CALIFORNIA
1-800-225-3666
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HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666
1-877-EL-LIMON
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San Diego Office
16855 W. Bernardo Dr. Suite 380
San Diego, CA. 92127
1-858-485-9332
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Los Angeles (Glendale) Office
411 N. Central Ave. Suite 230
Glendale, CA. 91203
1-818-548-6067
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