Frequently Asked Questions About The California Lemon Law

What is the California Lemon Law?

California Lemon Law is the common name for legislation passed by the Song-Beverly Consumer Warranty Act, found at California Civil Code section 1790 et seq. California’s Lemon Law affords California consumers a legal basis for remedying the purchase or lease of a defective or problematic vehicle.

What does the California Lemon Law require?

The California Lemon Law requires the consumer purchased or leased the vehicle in California for personal, family or household use; a "substantial defect" or problem affecting the use, safety, or value of the vehicle; the dealership had a "reasonable opportunity" to repair the vehicle; and, the repairs were covered by, or commenced during, the manufacturer's warranty.

What if I am a member of the Armed Forces and purchased my vehicle out of state?

Beginning January 1, 2008, California’s Lemon Law will apply regardless of what state of the United States the member purchased the vehicle. The member must have been stationed in or a resident of California at the time he or she purchased the vehicle OR must have been stationed or a resident at the time of filing the Lemon Law action.

What is a "Substantial Defect"?

A "substantial defect" is a defect or problem that affects the use, safety or value of the vehicle. A "substantial defect" may include recurring problems to the engine, transmission, seatbelts, electrical or air conditioning system. Examples include loss of power, check engine light, SRS light, faulty air conditioning, etc.

What is a "Reasonable Opportunity to Repair"?

Prior to obtaining a remedy under the California Lemon Law, the consumer must give the dealership a reasonable number of opportunities to repair the defect or problem. The number of repairs depends on the nature of the defect. Generally, if the problem involves the safety of the vehicle, such as problems with the air bag system or brakes, two repair attempts are a "reasonble opportunity" to repair the problem. For all other problems, four repair attempts are found to be a "reasonable opportunity".

What is the Lemon Law Presumption?

In certain cases, the California Lemon Law may presume the dealership has had a "reasonable opportunity" to repair. If the vehicle has been in the shop for a cumulative total of 30 days or more and the vehicle has less than 18,000 miles, the California Lemon Law presumes the vehicle is a Lemon regardless of the number of repair attempts.

What is the manufacturer's warranty and why is it important?

The manufacturer's warranty is the original warranty that came with the vehicle at the time of purchase or lease. A typical warranty is 3 years or 36,000 miles, which ever comes first. For certain vehicles, the original warranty is 4 years or 50,000 miles. For purposes of the California Lemon Law, the defects or problem must be covered by, or commenced during, the manufacturer's warranty. If you purchased a used pre-certified vehicle with a manufacturer's warranty, you may still qualify for a remedy under the California Lemon Law.

What is my remedy under the California Lemon Law?

If your vehicle is a Lemon, the manufacturer must, at the consumer's option, buy back or replace the vehicle. A "buy back" means the manufacturer refunds the down payment, payments, license fees, out of pocket expenses and pays off the existing loan. A "replacement" means the manufacturer will replace the vehicle with a new comparable make and model. In both a repurchase or a replacement, the manufacturer is entitled to a mileage offset for the mileage use prior to the first attempt to repair the defect.

What if I already went to arbitration?

Consumers are not required to attend the manufacturer’s arbitration program. If you did attend arbitration and did not like the result, you should seek representation from a California Lemon Law Attorney regarding your Lemon Law rights.

Do I have to pay Attorney Fees?

No. The California Lemon Law has an attorney fee provision requiring the manufacturer to pay your attorney fees. Whether you pay attorney fees depends on the law firm you retain. Some firms require you to pay front fees or a percentage of your recovery. At the Law Offices of Virginia Lopez, you are not asked to pay attorney fees. Upon the successful conclusion of your case, attorney fees will be charged to the manufacturer.