How do I know if my vehicle qualifies as a “lemon” under the California lemon law?
Your vehicle may qualify under the California lemon law if the manufacturer’s authorized dealerships have been unable to repair a defect with your vehicle after a reasonable number of attempts within the warranty period.
What constitutes a “reasonable number” of repair attempts under the California lemon law?
The California lemon law does not require a specific number of repair attempts. The reasonableness of repair attempts is determined on a case-by-case basis in relation to the severity of the defect. The requirement may also be satisfied if the vehicle is at the repair facility for over 30 days, regardless of the number of repair attempts.
Can my vehicle qualify as a “lemon” under the California lemon law if my vehicle repair attempts did not occur within the first 18,000 miles and 18 months of use?
Yes. Your vehicle can qualify as a “lemon” under the California lemon law if repair attempts were made within the warranty period.
What am I entitled to under the California lemon law?
The buyer of a “lemon” under the California lemon law is entitled to receive the value of the down payment, monthly payments, and full loan payoff. The buyer may also recover costs for repairs, towing, and rental cars. Alternatively, the buyer may elect to receive a similar replacement vehicle. The manufacturer is entitled to a statutory mileage offset for the distance driven from the time of purchase to the first repair attempt. The mileage offset applies to a repurchase or replacement.
Do I have to pay anything up front?
No. The fee shifting provision in the California lemon law requires the automobile manufacturer to pay for the consumer’s reasonably incurred attorneys’ fees costs, and expenses. The California lemon law allows consumers to pursue California lemon law claims even if attorneys’ fees and costs might otherwise prevent the consumer from bringing a claim.
Can my vehicle qualify under the California lemon law if it is leased or used?
A leased or used vehicle is still covered by the California lemon law if the repair attempts were made within the manufacturer’s warranty period.
Do I have to go through arbitration before I can pursue a claim under the California lemon law?
No. The California lemon law does not require arbitration.
Can I pursue a California lemon law claim if my claim was denied through arbitration?
Yes.
Can I pursue a California lemon law claim against General Motors or Chrysler even though they previously filed for bankruptcy?
