Free Buyer GuidesCalifornia Lemon Lawyers
CA Lemon Law FAQ's
Q: What is California's "lemon" law?
A: California's lemon law says consumers have the right to a refund or replacement when they buy vehicles that need constant repairs or have serious and persistent mechanical problems. Formally known as the Tanner Consumer Protection Act, the lemon law covers all motor vehicles sold or leased in California with a manufacturer's warranty. It lays out the process dissatisfied vehicle buyers can follow to recover the money they paid for a "lemon" and all related costs, like repairs and towing.
Q: How do I know if I have a lemon?
A: California law says you have a lemon if your vehicle can't be fixed after a reasonable number of attempts. What is considered a reasonable number of attempts can vary with each individual case. But the courts assume you have a lemon if your vehicle, within its first 18 months or 18,000 miles, has been in the shop for more than 30 days combined; has had the same problem repaired four or more times; or, in the case of a serious safety defect, has had the same problem repaired two or more times. If one of these is the case, it's up to the manufacturer to prove your vehicle is not a lemon.
Q: What types of vehicles does the lemon law cover?
A: The law covers all types of motor vehicles sold with a manufacturer's warranty in California. That includes cars, trucks, vans, buses and the part of a motor home that functions as a vehicle (not the part used as a habitation). Leased vehicles are covered, because they should have a warranty. Used vehicles can be covered as long as the manufacturer's original warranty applies. Cars used for business qualify as long as the business owns five or fewer vehicles. Vehicles intended for off-road use, like ATVs and "dirt bikes," are not covered but you still have protection under the Song-Beverly Consumer Warranty Act.
Q. Does the California lemon law apply to other types of products beside motor vehicles?
A. Although the California lemon law only applies to new motor vehicles, demonstrators, used motor vehicles that are still covered under the manufacturer's warranty, and the chassis portion of a motor home, the Song Beverly Consumer Warranty Act applies to the purchase of all consumer products such as boats, motorcycles, electronic equipment etc.
If you believe you have a problem with your consumer product that would be covered under California law, Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Does my vehicle still qualify if I bought it used? Or if I leased it? Or use it for business?
A: In all of those cases, you may still be able to bring a lemon law claim. Leased vehicles and used vehicles in the first few years of their lives are still covered by the manufacturer's warranty, so they're still covered by the lemon law. A business vehicle qualifies as long as it's under 10,000 pounds and belongs to a business that owns five or fewer cars.
Q. Does a consumer who purchases a used motor vehicle that is not covered under a manufacturer's warranty have any rights against the seller of the motor vehicle?
A. Yes. For example, if the seller of the used motor vehicle has provided a warranty or misrepresented the condition of the vehicle, the consumer has rights similar to the new motor vehicle lemon law.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: If my vehicle passes the legal test for a lemon, am I automatically entitled to a refund or replacement?
A: No, but that does make it easier to prove your case. If you meet the criteria, the law automatically assumes you've proven your vehicle is a lemon; the manufacturer can still prove that it's not. That's why so many lemon buyers have to file California lemon lawsuits. If you don't meet the criteria, you must prove it is a lemon.
Q: If I'm not covered by the lemon law, can I still recover my costs?
A: Yes! A vehicle or other consumer product purchased in California is covered by strong California consumer protection laws that forbid fraud, lies and unfair business practices. If you bought a used car with no warranty, but believe you were lied to or otherwise misled, you may have a case. Contact the Law Offices of Howard D. Silver to learn more at a free consultation.
Q. Are there special lemon law rules when a safety related defect is involved?
A. Yes. Subject to certain other requirements, if there have been two safety related repair attempts in the first eighteen months of ownership or 18,000 miles, whichever occurs first, it is presumed the motor vehicle is a lemon.
Don't get stuck with a lemon! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How do I recover money under the lemon law?
A: If your vehicle's manufacturer does not promptly offer you a replacement or refund for a known lemon, you should contact an expert lemon law attorney like Howard D. Silver. Your lawyer will file a lawsuit seeking the money or replacement that you're legally entitled to. The manufacturer may settle with you outside of court, or your case may go to trial. Attorney Howard D. Silver can tell you more about the process in your own lemon law case.
Q. For the California lemon law to apply, must the vehicle have a certain number of repairs in the first eighteen months or 18,000 miles, whichever occurs first?
A. No. The California lemon law only requires that there be a reasonable number of repair attempts.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What is the benefit of filing a California Lemon Law claim?
A: If you prove you have a lemon, you are legally entitled to a full refund or a replacement vehicle that's substantially similar to the lemon. This is your choice, not the manufacturer's. The manufacturer must also pay any incidental costs, such as vehicle registration fees for the replacement car and rental car bills.
Q. If the motor vehicle is presumed to be a lemon under California law, is the manufacturer required to refund the consumer's money or provide a replacement vehicle at no cost to the consumer?
A. No. The manufacturer has the right to prove that even though there have been a certain number of repair attempts to the motor vehicle, the vehicle is not a lemon.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: How long do I have to file a lemon law claim in California?
A: Many people think the 18 months/18,000 miles requirement is the statute of limitations, but it's not. That time period is simply the time during which a court may assume you have a lemon. You have four years from the time you knew or should have know you had a lemon to file a lemon law lawsuit.
Q: What am I entitled to recover under the lemon law?
A: If you win a lemon law claim, you can choose to either replace your vehicle at no cost to you, or receive a full refund. This is your choice, not the manufacturers. In a lemon lawsuit, you are also entitled to ask for a refund of all the additional costs the lemon caused, such as towing and rental cars.
Q. What type of defenses can you expect the manufacturer of the motor vehicle to allege?
A. In a lemon law case, manufacturers typically argue that the defect the consumer is complaining about is not substantial, that the motor vehicle has been repaired or that the defect(s) complained about by the consumer cannot be duplicated.
If you have a lemon, you may be entitled to your money back or a new car! Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What if my vehicle isn't safe to drive?
A: California lemon law recognizes that some defects are so serious that too many repair attempts might put consumers in danger. That's why the lemon law applies when you've made just two (or more) attempts to fix a defect that's likely to cause death or serious bodily injury. This rule allows you to start a lemon law claim quickly, so you can get rid of your lemon and get back on the road safely.
Q. If the vehicle was purchased for business reasons, does the California lemon law still apply?
A. Yes. Subject to certain exceptions, the lemon law may apply to a motor vehicle that was purchased for business reasons.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What are the manufacturer's obligations under California's lemon law?
A: The law requires manufacturers to ensure that their vehicles live up to their own warranties. They must maintain their own service facilities or an authorized contractor reasonably close to where it sells its goods, and provide that facility with enough parts and supplies to do its job. If it fails to do this, or if the vehicle can't be repaired after a reasonable number of attempts, the manufacturer must promptly repair or replace the vehicle.
Q: Can the manufacturer insist that I take a replacement vehicle?
A: No. You have the legal right to choose whether you take a full refund or a replacement vehicle. Both options should include payment for rental cars and other incidental costs caused by the lemon. And if you choose a replacement, the manufacturer must provide you with a vehicle that's substantially equivalent to the lemon.
Q: Do I have to use the manufacturer's dispute resolution program, or arbitration?
A: You will never be forced to use alternative dispute resolution. In fact, attorney Howard D. Silver recommends that you skip any manufacturers' in-house dispute resolution program. The law allows you to skip third-party arbitration programs with only a small negative effect on your lemon law case. Call the Law Offices of Howard D. Silver for an expert opinion on whether third-party arbitration is right in your case.
Q. Should consumers use the manufacturer's arbitration program before hiring a lawyer and filing a lawsuit?
A. Although sometimes you may be able to settle the case on your own, it is highly advisable to have an attorney represent you and it’s FREE!
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: What are the manufacturer's obligations under California's lemon law?
A: The law requires manufacturers to ensure that their vehicles live up to their own warranties. They must maintain their own service facilities or an authorized contractor reasonably close to where it sells its goods, and provide that facility with enough parts and supplies to do its job. If it fails to do this, or if the vehicle can't be repaired after a reasonable number of attempts, the manufacturer must promptly repair or replace the vehicle.
Q: Can the manufacturer insist that I take a replacement vehicle?
A: No. You have the legal right to choose whether you take a full refund or a replacement vehicle. Both options should include payment for rental cars and other incidental costs caused by the lemon. And if you choose a replacement, the manufacturer must provide you with a vehicle that's substantially equivalent to the lemon.
Q: The manufacturer's authorized repair facility is claiming there's nothing wrong, that the repair was made, or this is just normal wear, but I don't agree. What can I do?
A: These are some of the most common defenses manufacturers use against a lemon law claim. Under the law, if a manufacturer does not complete the work, or the repair shop does not duplicate the problem, your repair attempt still counts toward meeting the lemon test.
Q. Is there any way for you to help me with my lemon law claim if I'm unable to travel to your office?
A. Yes. In handling many of our client's lemon law claims, phone conferences and email correspondence is enough to obtain the information we need to send to auto manufacturers to get you the money that is owed to you for your defective vehicle. With the increased availability and simple use of fax machines, much of the vital data that we need does not require our clients to visit our office or meet with us in person; however, we are always happy to arrange a convenient time to do so.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!
Q: Do I need an attorney to use the lemon law?
A: You are legally entitled to represent yourself, but there are many advantages to having a lawyer in a lemon law claim. An expert lemon law lawyer will be familiar with the laws and procedures that apply in your case. Your lawyer will be a professional negotiator who knows the tricks that manufacturers use to avoid paying, and how to recover more costs than you may be able to recover on your own. Perhaps just as important, hiring the Law Offices of Howard D. Silver shows the manufacturer that you mean business.
Q. How much money of my own do I need to save in order to pay for your services in my lemon law case?
A. None. We do not charge our clients any hidden fees or require any pre-made payment to obtain our services. As a standard procedure, the settlement reached in your case will contribute to paying attorney fees. In addition, the auto manufacturer may also be held responsible for court fees or attorney costs. It is our goal to make seeking a lemon law claim an option that consumers of all economic backgrounds can participate in.
Click here to request a free, half hour consultation with the Law Offices of Howard Silver and start turning your Lemon to Silver today! Remember it’s FREE!