California Lemon Law FAQ's Don’t see your question on this list? Please feel free to contact us.
Does my vehicle qualify as a Lemon? top
Generally, a vehicle qualifies under the California Lemon Law when the vehicle has a defect which the manufacturers (through their authorized dealers) have been unable to repair after a certain number of repair attempts—typically four (4) in California.
How many times do I need to take my car back to the dealer before I have a California Lemon Law claim? top
The California Lemon Law requires that the manufacturers (through their authorized dealers) must be given a reasonable number of opportunities to repair a vehicle. In California, this number is generally four (4) repair attempts, but depending on the problem fewer or more repair attempts may be necessary. Please note however that vehicle defects that may lead to serious bodily injury or death to the driver, passenger, pedestrians, or other drivers, only require one (1) repair attempt. An example of this would be a brake failure. Other defects like problems with an LCD display or a CD player may require 4 or more repair attempts.
It is important to note that, in California, if a vehicle spends 30 or more cumulative “calendar days” in the shop for warranty repairs, it may satisfy the Lemon Law automatically, without any regard to the number of repair attempts.
All of my repairs did not occur during California’s “Lemon Law Period”. Do I still have a claim under the law? top
Generally, the California Lemon Law does not require that all the repair visits occur during the period prescribed in the Lemon Law. If your repair visits occurred within the warranty period, with at least one (1) repair attempt occurring during the Lemon Law period, you will be afforded the protections of the California Lemon Law. Automobile manufacturers and dealers have created some confusion regarding this fact—perhaps due to their own misunderstanding of the California Lemon Law. As such, many consumers are left with the misconception that they have no remedy under the Lemon Law unless their repair visits occurred within the period identified in the Lemon Law. The truth is that you may have a very strong Lemon Law claim even if your problems occurred well after the period identified in the California Lemon Law, so long as at least one of the repair attempts occurred within the period prescribed by the California Lemon Law.
What are my rights if my vehicle is declared a “Lemon”? top
If your vehicle qualifies under the California Lemon Law, you will be entitled to a full refund of all the money you have paid for your vehicle, including your down payment, tax, license, registration fees, and any monthly payments you have made on a lease or purchase, and to have your vehicle loan paid off in full. You will also, be entitled to reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses. You may choose to have your vehicle replaced with a similar vehicle instead of having your money refunded. In California, with either a repurchase or a replacement, the manufacturer will be entitled to a relatively small credit for the mileage driven on the vehicle before the vehicle was first taken in for the first “Lemon Repair”.
My car is used, can you still help me? top
Yes. California’s Lemon Law will allow a used vehicle to be returned or replaced under the Lemon Law if the repair visits first occurred within the statutory period prescribed by the California Lemon Law.
Can I Lemon my vehicle if it’s leased? top
Yes. California’s Lemon Law will apply to either purchased or leased vehicles.
Does the California Lemon Law apply to anything other than vehicles? top
Yes, the Lemon Law generally applies to all consumer goods, including motorcycles, boats, recreational vehicles and even computers.
I haven’t been through arbitration. Do I still have a claim under the California Lemon Law? top
Yes. California’s Lemon Law does not require you to arbitrate your case.
I don’t live near any of CLP’s offices. Can my free consultation be conducted over the phone? top
Yes, your consultation can be conducted by phone whether you live down the street from us or across the country. Documents can be submitted for attorney review by email, fax, or regular mail. Most of our cases are settled without any face-to-face meeting with our clients, but, of course, you are always welcome to visit any of our offices. Please contact us to schedule an appointment or for your free telephone consultation.
Can CLP help me if I live in a rural town hundreds of miles away from the nearest major city? top
Yes, we handle Lemon Law cases across the United States. If necessary, we will travel to you at absolutely no cost to you. If it is necessary to file a lawsuit in your case, the matter will be filed and litigated in your local county court.
How much do you charge? top
We do not ever charge our Lemon Law clients any attorney’s fees—even if we file a lawsuit. The California Lemon Law includes an attorney’s fees provision which allows us to collect our hourly attorney’s fees and court costs from the automobile manufacturer at the successful resolution of your claim. California’s legislature included this provision in the Lemon Law so that all individuals are able to seek recourse where it might otherwise be cost-prohibitive to do so.
Will we have to go to court? top
The vast majority of our cases (over 95%) are settled out of court without any need for a lawsuit. Of those cases that are filed, approximately 80% are settled without the need for a trial. Rest assured however, that regardless of the difficulty of your claim, or the time required to resolve it, that we will pursue your claim until all legal remedies have been exhausted, up through trial, and in some cases, through the appeals process.
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