FREQUENTLY ASKED QUESTIONS

How can the California Lemon Law help me?
The California Lemon Law requires the manufacturer to take back your lemon and either give you a new replacement vehicle or return all of the money you paid.

What is a “lemon”?
A lemon is a vehicle that has a defect, which the manufacturer or dealer has not properly repaired under warranty after a reasonable number of attempts. The defect must be material, meaning it “substantially impairs the use, value, or safety of the vehicle.” A problem that affects the way a vehicle drives is generally a material defect.

What is a reasonable number of repair attempts?
At least one repair attempt is required under the Lemon Law. California Courts have stated that all of the facts of the particular situation must be evaluated in order to answer whether the number of attempts is reasonable. In certain circumstances, the number of repair attempts to your vehicle may be presumed reasonable by the law. For example in many instances, the law presumes a reasonable number of attempts to a vehicle when, within 18 months from delivery or 18,000 miles on the odometer, whichever occurs first, either the vehicle has been repaired four or more times for the same material defect or it is out of service for more than 30 days.

Does the California Lemon Law apply just to passenger cars?
The California Lemon Law does not apply only to passenger cars. The California Lemon Law also applies to trucks, motorcycles, SUVs, and all types of recreational vehicles, such as motor homes and boats. In fact, it applies to all goods that are used primarily for personal, family, or household use.

I have observed a defect in my vehicle, but the dealer reports that it “Cannot be Duplicated.” Does this mean I have no claim under the California Lemon Law?
You may have a valid claim under the California Lemon Law even though the dealer cannot find the problem with your vehicle. Dealers are often too busy to use the vehicle the same way you do. Oftentimes, problems that really exist are not observed or are ignored by the dealer. We employ experts who will verify your vehicle’s problems.

Can I handle my California Lemon Law claim myself?
Without representation by a knowledgeable attorney, you could enter into a binding settlement with far less benefits than what is available to you under the California Lemon Law. The manufacturer or dealer might even attempt to earn an additional profit from you by negotiating a “trade-in” of the lemon in exchange for your purchase of another vehicle.

Do I have to arbitrate before pursuing a California Lemon Law claim?
Arbitration is not required before pursuing a California Lemon Law claim.

Do I have to call the manufacturer before I pursue my California Lemon Law claim?
To pursue a claim under the California Lemon Law, you only have to provide the manufacturer’s authorized warranty repair facility (for example, a dealer) with a reasonable number of opportunities to repair the warranty problem.

Does the California Lemon Law only apply to new cars?
The California Lemon Law may apply to any vehicle covered by a warranty, including new vehicles, certified pre-owned vehicles, and used vehicles.

 

 
 
From offices in Irvine and Ontario, the California Lemon Law Office of Wraith Law
represents clients throughout Southern California. We remain committed to serving residents of
Orange County and the Inland Empire, including Riverside County and San Bernardino County.
 
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