HOME: California Lemon Law Frequently Asked Questions

The California Lemon Law Frequently Asked Questions section of this site is constantly growing so please check back often.

Q1: What are the California lemon laws? I have problems with my new car, truck, motorcycle, or motorhome, but the dealer has not satisfied my complaints. What are my legal rights?

A: California has consumer protection laws, called the "lemon laws." If your situation qualifies a experienced lemon law attorney should be able to have the manufacturer take your vehicle back and recover most of your monies.

Q2: How do I know if my situation qualifies under the "CA lemon laws?"

A: Basically, so long as your vehicle has a manufacturing defect which affects safety, value, or use, and it cannot be repaired after a reasonable number of attempts by the manufacturer's or dealer's service personnel, and the original repair occurred within the new car warranty period, then the vehicle is likely entitled to these legal protections.

Q3: Do the California "lemon laws" cover used vehicles and "demonstrators?"

A: A demonstrator is considered the same as new car. A used vehicle only qualifies for protection under the CA Lemon Laws if it was purchased with an unused portion of the manufacturer's original, new car warranty remaining at the time of purchase. For example, if the vehicle was originally covered by the manufacturer's 36 months/36,000 miles warranty, then it must have been purchased as a used vehicle within 36 months of the time that the vehicle first went into service, and with fewer than 36,000 miles on the odometer at the time of purchase. Manufacturers' new car warranties differ from company to company and you should check the original owner's manual to determine the limits of that new car warranty. Also, you should note that an extended service contract is not the same as the manufacturer's new car warranty and does not change the requirement stated above.

Q4: What is the "lemon laws" presumption?

A: The California "lemon law" presumption is merely a legal device which is only meaningful if negotiations with the manufacturer fail, and you must resort to litigation. It then allows the consumer/plaintiff to establish at trial that she or he has met the plaintiff's normal burden of proof that the vehicle is a lemon and shifts the legal burden to the manufacturer to prove otherwise. That's all it does. Note too, it is not necessary to satisfy the presumption before filing a lemon law claim.

The "lemon law" presumption states that if you have
1. purchased or leased a new car, truck, motorcycle, or motorhome, for
2. personal or small business use, and
3. if during the first 18 months
or 18,000 miles you brought the vehicle to a dealer for repair of the same or similar problem four or more times, or only two or more times if the manufacturing defect results in a condition that is likely to cause death or serious bodily injury, or if it was out of service for a total of more than 30 days within that time, and
4. if the problem is still not fixed, then
5. the legal presumption is
established.

Q5: Do I have to qualify for the "legal presumption" in order to obtain the benefits of the California "lemon laws?"

A: No. The presumption is neither a requirement nor a prerequisite. There are many situations which do not exactly meet the "lemon law" presumption, but which may still entitle you to "lemon law"
protection. So long as the defect substantially affects safety, value, or use, and occurred within the new car warranty period, and cannot be repaired after a reasonable number of repair attempts, the vehicle is entitled to these legal protections. experienced lemon law attorney  attorneys will be glad to review your situation to see whether it is covered.

Q6: What am I entitled to recover?

A: If you qualify experienced lemon law attorney  will be able to recover your down payment, (including registration fees, licensing fees, taxes, transportation costs, etc.), plus your total monthly lease or loan payments, less a "usage fee" based on mileage, as allowed under the California lemon laws.

Q7: Do I need to first go through arbitration?

A: NO, you do not need to first go through arbitration to make a "lemon law" claim. In fact, arbitration can be dangerous because if the decision is against you, that decision may later be used as evidence against you in any subsequent court action which you may file against the manufacturer.

Q8: How long does the lemon law process take?

A: The manufacturer has 30 days to comply with experienced lemon law attorney formal legal demand. Once you have accepted a satisfactory offer it takes approximately another 15 to 30 days to return the vehicle and receive your payment from the manufacturer.