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Phone:
805-892-4522 ext 111
Toll Free:
(866) 99- LEMON (892-4922)
Mail:
800 Garden Street Suite L,
Santa Barbara, CA 93101
Website:
www.sblemonlaw.com
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Lemon Law FAQ's
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Lemon Law FAQ's
Here are
some answers to commonly asked questions about Lemon Law:
What makes a Lemon under statute?
What am I entitled to under the California
Lemon Law?
Am I required to go through arbitration
before pursuing a Lemon Law claim?
Am I required to notify the manufacturer and
give them a chance to repair the problem?
Does the Lemon Law apply to vehicles that
are purchased used?
How long can this process take?
How do I get started?
What makes a Lemon under statute?
 At
first glance, it would appear as though the law requires
that the manufacturer be given a minimum of either 2 or 4
repair attempts within the first 18 months or 18,000 miles,
depending on whether it is a safety related problem, before
the manufacturer is required to replace the vehicle or buy
it back. THIS IS NOT THE CASE!!! A consumer need only prove
that the manufacturer has been afforded a REASONABLE number
of repair attempts.
A
Lemon Law claim exists in California under the following
conditions:
- The
motor vehicle was purchased new, and used for personal,
family or household purposes; or has a gross weight under
10,000 pounds and was bought or used primarily for
business purposes by an individual or business entity with
five or fewer motor vehicles registered in California;
- The
vehicle has a significant defect or nonconformity which
substantially impairs the use, value or safety of the new
motor vehicle to the buyer or lessee;
- The
warrantor is unable to repair the defect or nonconformity
after a reasonable number of repair attempts. If your
vehicle is in a repaired condition, you have no remedy
under the law regardless of how many times it may have
been subject to repair. A vehicle must be in a
malfunctioning condition at the time a claim is asserted.
Therefore, if you have had a problem or problems repaired
a reasonable number of times and the vehicle malfunctions
again, you should contact our office before taking the
vehicle in for further servicing.
Additionally, what constitutes a "reasonable number of
repair attempts" will depend on the nonconformity. The law
presumes a reasonable number of attempts if the vehicle has
been in for repair for the same nonconformity four or more
times. However, if the nonconformity is safety-related
(e.g., a nonconformity that could cause death or serious
bodily injury) only two attempts to repair will amount to a
presumption of "reasonableness."
Also,
the law presumes a "reasonable number of repair attempts" if
the vehicle has been out of service for more than 30
calendar days due to warranty repairs. The more days out of
service, the better the chance of establishing that the
manufacturer has had a reasonable opportunity to repair the
vehicle. Even if the warranty has expired, the Lemon Law may
still apply. If the vehicle is still having problems that
were complained about, but never properly repaired during
the warranty period, a valid Lemon Law claim may exist.
The
Lemon Law, generally, will not apply to vehicles with
trivial or minor defects. Nevertheless, each case must be
judged independently, taking into account the particular
needs and expectations of the particular vehicle's
owner/lessee.
Back to top.
What am I entitled to under the California Lemon
Law?
Depending on the nature and history of the problems
involved, the extent of the efforts to resolve them and the
response of the manufacturer and dealers, these cases can
result in the recovery of actual damages, a civil penalty
equal to two times actual damages, attorney's fees, costs
and expenses.
 If
your vehicle is a "lemon," you are entitled to repurchase or
replacement. In a repurchase, you are entitled to get back
your down payment (or lease inception fee), government fees,
trade-in equity, license fees and all the monthly payments
you have made up to the date of settlement. You are also
entitled to towing reimbursement, as well as rental car
expenses you personally paid during your warranty repair
visits. The manufacturer pays off the existing loan (or
lease), you turn the vehicle back in to the car dealership,
and you get your Lemon Law refund check. If a replacement
vehicle is elected, you take a replacement vehicle in lieu
of a repurchase. This is known as an exchange
of collateral. Your loan remains the same, and you exchange
your present vehicle for new one with the same equipment.
In any
Lemon Law action, the manufacturer is entitled to an offset
for mileage based on the odometer reading at the first time
you had your vehicle repaired for a recurring problem. There
is a specific formula for calculating this offset, which
your Lemon Law attorney will discuss with you.
Back to top.
Am I required to go through arbitration before
pursuing a Lemon Law claim?
The
California Lemon Law does not require the consumer to
participate in arbitration that may be offered by the
vehicle manufacturer in order to pursue a Lemon Law claim.
However, you may have to resort to the arbitration process
if the California Lemon Law does not apply (such as an
out-of-state transaction) or if you are bound to arbitrate
your claim under contract. However, arbitration clauses of
contracts are not always enforceable.
Back to top.
Am I required to notify the manufacturer and give
them a chance to repair the problem?
No. So
long as the manufacturer's authorized warranty repair
facility has had a reasonable number of opportunities to
repair a warranty problem, the manufacturer itself need not
be given actual notice nor an opportunity to repair the
problem.
Back to top.
Does the Lemon Law apply to vehicles that are purchased used?
Yes.
The Lemon Law can apply to a used vehicle. The vehicle must
be still covered by the manufacturer's warranty. Other
remedies may be available if an extended service contract
was purchased with the vehicle or the vehicle was sold
without proper disclosure of its condition or history (more
information on this type of case can be found on our
Automobile
Fraud page).
Back to top.
How long can this process take?
If you
retain our firm, the process can take as little as 45 days
if your new vehicle meets the reasonable repair attempt
presumption perfectly. On the other hand, manufacturers
often refuse to follow the law and may fail to give you the
remedies you desire and are entitled to. This is where being
represented by an experienced Lemon lawyer is most critical.
Many consumers, without knowledge of the Lemon Law, will end
up walking away from the problem and trying to sell or
trade-in the vehicle, possibly at a loss. We're here to help
you hold the manufacturer accountable. Why should you lose
thousands of dollars when the manufacturers are making
billions?
Back to top.
How do I get started?
Call
us toll-free at 866-99-LEMON or
contact us by
email for a free consultation. For a fast and efficient
legal case evaluation and a potential offer of legal
representation, you may wish to fill out our on-line
Consultation
Form. We will respond to you within 24 hours.
Please
understand that while we are happy to review your documents
and information, we do not begin representation of any
client until we have entered into a written and signed fee
agreement. In the meantime, be sure to document everything
by making notes of related telephone calls, keeping copies
of all related letters sent or received, and don't leave the
repair facility without a written repair order which
describes in English what they did, or attempted to do, to
your vehicle while it was in repair.
If you
think that you may qualify, call us right away! The sooner
you get your Lemon Law case started, the sooner you will put
this problem behind you!
Back to top.
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