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Law Offices of
Howard D. Silver

513 Water Oak Lane, No. A,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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Southern California's New Car Lemon Law FAQ

Home > California Lemon Law > Auto Lemon Law > New Cars > FAQ

What protections do buyers of new and used cars have in California?

The Song-Beverly Consumer Warranty Act as well as the Tanner Consumer Protection Act of California, protect citizens from unscrupulous car dealers and manufacturers and provide legal means for them to get their money back or a replacement vehicle if a car has persistent and hard to repair mechanical problems that cannot be fixed after a reasonable amount of effort.

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How do lemons wind up in the hands of consumers in the first place?

Typically, two things happen. First, a dealer who is eager to clear damaged products from his lot unscrupulously sells a lemon to the consumer. Number two, the manufacturer fails to recognize that a product is damaged or refuses to refund the consumer’s money or offer a fair replacement after the defect has been pointed out.

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What determines whether a new car is in fact a lemon?

Generally speaking, if your new car cannot be repaired after a reasonable number of attempts, it may be considered a lemon.

More specifically, within the first 18,000 miles of 18 months of owning a vehicle (whichever comes first):

1. You identified a problem that makes the vehicle dangerous to use and you’ve tried at least twice to get it repaired by the manufacturer or by an authorized facility, and it’s still broken and dangerous, it may qualify as a lemon.
2. If you tried unsuccessfully to repair a problem (such as a failing transmission) four or more times, the car may be considered a lemon.
3. If your vehicle has been off the road and out of service for 30 plus days (cumulatively) due to repairs, it may be considered a lemon.

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What are some common defenses manufacturers make against Lemon Law claims?

• There is nothing actually wrong with the vehicle.
• The repair was effectively made.
• The damage/defect is just normal wear and tear.
• The defect does not have a "substantial" effect on the car’s safety, use, or value.

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If the manufacturer fails to complete repair work or a repair shop cannot duplicate the defect, does that still count as a "repair attempt" for Lemon Law purposes?

Yes. The opportunity to repair the vehicle was there, whether they were able to fix the problem, or not.

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What if it’s been more than 18,000 miles or 18 months since you bought the car? Can I still file a Lemon Law claim?

Depending on circumstances, yes. Remember, your vehicle can still be considered a lemon even if the problem started after 18 months of ownership or 18,000 miles. The key is, did the problem first occur during the warranty period. You also have four full years from when you first realized that you had a lemon vehicle to file suit.

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Do I need to hire a lawyer to make a Lemon Law claim?

No. You could represent yourself. But this can be dangerous for a number of reasons. A manufacturer who does not want to cooperate with a buyback can put up a stiff defense that only experienced CA Lemon Law attorneys can navigate effectively. By working with Consumer Attorney Howard Silver, you likely will be able to recover substantially more than you could on your own, and in a timely manner.

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How can I contact an attorney to handle my Lemon Law case?

Email us through our online contact form or call us toll free at 1-866-49-LEMON for a free half-hour consultation (no obligation).