Lemon Law FAQs
If you have a question that you don't see here and you live in California, please feel free to give us a call at 1-800-273-4566 or contact us online.
What does the lemon law cover?
Does the lemon law apply to used vehicles?
Does the lemon law apply to leased vehicles?
Does the lemon law apply to cars bought with a service contract only?
Does the lemon law apply to cars bought "as-is"?
Does the lemon law apply to cars past their warranty period?
Does the lemon law apply to minor defects?
What are the legal requirements of the lemon law?
What if the dealer refuses to repair?
How will my attorney get paid?
What are my chances of winning my case?
Do I need to go through arbitration to pursue a lemon law claim in court?
Is it true that I only have one year to file a case?
What is the lemon law?
In general terms, the lemon law permits consumers to seek a replacement or a reimbursement of the purchased price for consumer products which are defective, and which cannot be repaired within a reasonable number of repair attempts. >>back to top
What Does the lemon law cover?
All types of vehicles are covered by the lemon law, including cars, trucks, motorhomes, trailers, and 5th wheels. The lemon law also covers boats, computers, spas, and just about any consumer item.” >>back to top
Does the lemon law apply to used vehicles?
Yes, if the used vehicle is sold with the balance of the new car warranty or if the manufacturer extended the factory warranty (as is often done in the case of the sale of certified used cars). If it's covered by a manufacturer's warranty, then you can bring a lemon law claim against the manufacturer just as if the vehicle were new. If you buy a used vehicle from a dealership without a manufacturer's warranty, but with a dealer's warranty, you can pursue the dealer for a lemon law claim. >>back to top
Does the lemon law apply to leased vehicles?
Yes. The only major difference is that the plaintiff's damages are calculated according to his or her obligations under the lease, as opposed to his or her obligations under a purchase contract. >>back to top
Does the lemon law apply to cars bought with a service contract only?
No. The California Supreme Court recently ruled that service contracts (also known as extended warranties) are not covered by the lemon law. Service contracts are promises to repair. If a service contract refuses coverage without a good reason, you may sue the service contract company (and possibly the dealer that sold it to you) for the cost of repair. >>back to top
Does the lemon law apply to cars bought "as-is"?
No. For a lemon law claim, there has to be a warranty. When a consumer buys a car "as-is", he or she is expressly disclaiming any warranty. However, the consumer may have a fraud claim, because fraud claims are not invalidated by an "as-is" purchase provision. If the dealer or manufacturer does not comply with the law of clearly disclosing the "as-is" terms, then the consumer may have a lemon claim. >>back to top
Does the lemon law apply to cars past their warranty period?
Yes, if you took the vehicle in for repair during the warranty period. If the dealer failed to repair it at that time, the defect remains a warranty item. >>back to top
Does the lemon law apply to minor defects?
The Song-Beverly Act applies to defects that constitute a substantial impairment of the safety, value or use of the vehicle. Serious problems with brakes, transmission, engine function, inoperable air conditioning, persistent water leaking, to name a few, are examples of cases where juries have awarded damages to the consumer. Minor inconveniences such as radio static are not sufficient. >>back to top
What is a significant defect?
A significant defect can be defined as any defect that substantially impairs use, value or safety of the vehicle. Common examples would include faulty brakes, ABS brake failures, transmission failures and "hard-shift" or "no-shift" situations, engine dying complaints, major electrical difficulties with the vehicle, on-board computer malfunctions, repeated no-start situations, and others. >>back to top
What are the legal requirements of the lemon law?
Manufacturers occasionally put out false propaganda that a consumer doesn't have a lemon law claim unless he or she has four repair attempts for the same defect within the first 18,000 miles or 18 months. This is simply incorrect. It is an effort by car manufacturers to discourage otherwise worthy consumers from pursuing claims for defective products.
The correct standard is whether the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. A reasonable opportunity is usually four (4) repair attempts unless it is a safety-related defect in which case two (2) repair attempts is usually deemed reasonable. These are guidelines and each case must be analyzed to determine if the consumer has given the manufacturer a reasonable opportunity to repair.
The lemon law includes a presumption that the consumer has given the manufacturer a reasonable opportunity to repair the vehicle if there have been four or more attempts at repair or 30 days of downtime in the first 18,000 miles and 18 months.
However, meeting this presumption test is not a necessary element of a lemon law case. As a practical matter, most lemon law cases go forward without the lemon law Presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer may have a lemon law case. >>back to top
What if the dealer refuses to repair?
The manufacturer has given a warranty, which in most circumstances requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim. >>back to top
How will my attorney get paid?
The California lemon law provides that the manufacturer is responsible for your attorneys' fees if you prevail in a lemon law case against the manufacturer. This means that if you have a good lemon case, the manufacturer has to pay for your attorneys fees, in addition to buying back your car or truck. Should we agree to represent you, your case will be handled on a contingency basis, whereby our office will not get paid unless you settled or win at trial. In a great majority of cases KABOB will advance all usual and reasonable costs as a part of our representation. >>back to top
What are my chances of winning the case?
KABOB represents hundreds of consumers every year with defective vehicles. Over 98% of these cases settle to the satisfaction of both parties without going to trial. If we agree to represent you, it means that we think we can win your case. Nevertheless, if you do not assert your rights under the California lemon law, you would have no chance of winning. >>back to top
Can I resolve this myself?
You probably should avoid aggravating yourself further and wasting time. First, there is a reason that all 50 states have some form of a lemon law. It costs a manufacturer less to drag it out with an un-represented consumer with the hope that you will either go away or take little or nothing, than it would cost them to buy back everyone's vehicle that made a complaint. By being represented by an experienced lemon law firm, you lend legitimacy to your case, and the experience you need to obtain a good result. >>back to top
Do I need to go through arbitration to pursue a lemon law claim in court?
No. There is no requirement that you go through arbitration before you pursue a lemon law claim in Court. You can seek the assistance of an attorney without going through arbitration. >>back to top
Do I need to notify the manufacturer and give it a last chance to repair a problem prior to pursuing a lemon law claim in court?
No. As long as the manufacturer's authorized repair facility has had a reasonable number of opportunities to repair a warranty problem, the manufacturer itself need not be given a chance to repair the problem. >>back to top
Is it true that I only have one year to file a case?
No. You have four (4) years to file suit from the date you reasonably discovered that your vehicle was a lemon. >>back to top