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General Questions
- What is the California Lemon Law?
- Who does the California Lemon Law protect?
- How long does the California Lemon Law protect a consumer?
- Does the California Lemon Law cover used vehicles?
- How many repair attempts are required to qualify under California’s Lemon Law?
- What if my dealership won’t refund or replace my vehicle?
- What if my manufacturer won’t refund or replace my vehicle?
- How do I know if I have a lemon?
- What if my vehicle is out of warranty?
- What is a “lemon law buyback”?
- Do I have to go through arbitration before I can start a lemon law claim?
- If the manufacturer will not buy my car back, does that mean that I don’t have a case?
- I bought my car used, can I still make a lemon law claim?
- What if I leased my car, can I still make a lemon law claim?
- How long will it take to settle my case?
- What if I purchased the vehicle outside of California?
1. What is the California Lemon Law?
The California Lemon Law requires a vehicle manufacturer to replace the vehicle or refund the purchase costs of the vehicle when the manufacturer is unable to repair a vehicle to conform- to the manufacturer’s original warranty after a reasonable number of repair attempts.
2. Who does the California Lemon Law protect?
The California Lemon law protects consumers that buy or lease a new or used vehicle that comes with the manufacturer’s original warranty.
3. How long does the California Lemon Law protect a consumer?
The California Lemon Law applies throughout the duration of the vehicle manufacturer’s original warranty period. The California State-certified manufacturers extend the filing period to file for arbitration to 6-months beyond the expiration date of the applicable warranty.
4. Does the California Lemon Law cover used vehicles?
If the used vehicle is covered by the manufacturer’s original warranty, yes.
5. How many repair attempts are required to qualify under California’s Lemon Law?
The manufacturer is allowed a reasonable number of repair attempts. What is reasonable will depend on all the circumstances, but in all cases at least two repair attempts are required.
6. What if my dealership won’t refund or replace my vehicle?
The manufacturer, and not the dealership, is responsible for the warranty and would be the one to refund or replace your vehicle.
7. What if my manufacturer won’t refund or replace my vehicle?
If you feel you have given the manufacturer enough time and opportunity to repair your vehicle, but you feel the nonconformity still exists, your next step would be to file for arbitration.
8. How do I know if I have a lemon?
If your vehicle has been taken to the dealership four or more times and repaired under the original manufacturer’s warranty for the same defect, and that defect substantially impairs your use, value, or safety, you may be entitled to relief under the lemon law.
9. What if my vehicle is out of warranty?
If your vehicle is now out of warranty, but was under the original manufacturer’s warranty when the repairs were performed, you may still be entitled to relief under the lemon law. Repairs covered by an Extended Service Plan do not count as warranty repairs under the California Lemon Law.
10. What is a “lemon law buyback”?
A lemon law buyback occurs when the automobile manufacturer buys your car back from you. When this happens, you are reimbursed for your down payment, all of your monthly payments, your current registration fee, and the automobile manufacturer pays off any outstanding auto loan. The manufacturer then takes the vehicle from you and brands the title as a lemon law buyback. The only money that is deducted from your refund is the mileage offset which is calculated by the mileage on the vehicle when the problem first began, divided by 120,000, and then multiplied by the purchase price of the vehicle.
This equation is set forth in the statute and this amount is considered to be a credit to the manufacturer for the “good miles” that were on the vehicle before there was anything wrong. The only other items that may be deducted from your refund include items that were added onto the purchase of the vehicle such as aftermarket service contracts, aftermarket alarm systems, lojack, accessories such as spoilers, and any other modifications to the vehicle such as bedliners, lift kits, etc. Each manufacturer looks at these items differently and there is no hard and fast rule about what will be included in a buyback versus what will be deducted when it comes to these items.
11. Do I have to go through arbitration before I can start a lemon law claim?
Absolutely not. In fact, sometimes, the arbitration results are so unfair, that consumers come to us after losing at arbitration!
12. If the manufacturer will not buy my car back, does that mean that I don’t have a case?
No, this is not true. Many times, the manufacturer does not believe that a defect rises to the level of a “substantial impairment” and therefore, they will not buy the vehicle back. However, in most of these cases, the manufacturer will pay what is called a “cash and keep” settlement. In this type of settlement, the manufacturer will pay you a sum of money for the trouble that you have had with your vehicle, but at the end of the claim, you will keep the vehicle (and dispose of it as you see fit, either by trading it in, selling it privately, or keeping it).
13. I bought my car used, can I still make a lemon law claim?
If you purchased a used vehicle that is still covered under the original manufacturer’s warranty, or you had it repaired under the original manufacturer’s warranty and it is now out of warranty, you may still be entitled to relief under the lemon law. If you purchased a “Certified Pre-Owned” vehicle, the manufacturer will often extend the warranty, so depending on the mileage, you may still have a viable lemon law claim.
14. What if I leased my car, can I still make a lemon law claim?
Yes, leased cars are covered by the lemon law.
15. How long will it take to settle my case?
Each case is different and each manufacturer handles these types of cases differently. With that said, we have worked with the same attorneys for the automobile manufacturers for the last eight years and we have an excellent working relationship with all of them. We will make every effort to make sure that your case is settled as quickly and efficiently as possible while obtaining the best possible result for you. These cases rarely go to trial and it is extremely unlikely that you will have to go to court for any reason while pursuing a lemon law claim.
16. What if I purchased the vehicle outside of California?
To qualify for the benefits of the California Lemon Law, the vehicle must have been purchased, registered, and repaired in the state of California under the original factory warranty, and there is only one exception to this rule. If you are active duty military, you may still receive the benefits of the California Lemon Law as long as you purchased the vehicle in the United States from a manufacturer that also sells vehicles in the state of California, and you are either (1) a California resident or (2) you were stationed in California when you purchased the vehicle or at the time you began your lemon law claim.
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