FAQ's
(frequently
asked questions)
1.)
Am I required to go through
Arbitration before pursuing a Lemon Law claim?
No.
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.
2.)
Am I required to notify the vehicle
manufacturer and give them a opportunity to repair a problem
before pursuing a Lemon Law claim?
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 need not be given notice or a
opportunity to repair the problem.
3.)
Does the Lemon Law apply to vehicles
that are older than one or two years?
Yes.
As long as the vehicle is having warranty problems, the Lemon Law
potentially can apply no matter hold old the vehicle is. The Lemon
Law may also apply to a vehicle even if the original new vehicle
warranty has expired so long as the vehicle is still having
problems complained about on repair orders during the original
warranty period.
4.)
Does the Lemon Law apply to vehicle
that have in excess of 18,000 miles, or 18 months?
Yes.
As long as the vehicle is having warranty problems, the Lemon Law
may apply no matter what the odometer reading is on the vehicle.
5.)
Is a vehicle registered to a business
on lease or purchase covered by the Lemon Law?
Please
click on our web site link “Senate Bill 1718 Passed” for more
information on business use/owned/leased vehicles.
6.)
Is there a specific number of repair
attempts that must be completed in order to have a valid Lemon Law
claim?
No.
There must be a reasonable number of repair attempts. The
definition of what constitutes a reasonable number of repair
attempts will vary given the vehicles particular problem(s). In
general, if a problem has been subject to at least four separate
repair attempts at the manufacturers authorized repair facility,
or has spent more than 30 days cumulative in the shop, this is
sufficient to establish a reasonable number.
7.)
Are there situations where only 2
repair attempts are considered reasonable?
Please
click on our web site link “Senate Bill 1718 passed” for more
information.
8.)
Does the Lemon Law apply only to
passenger cars?
No.
The Lemon Law applies not only to passenger cars, but also to
trucks, SUV’s, vans, motorcycles, and all consumer goods that
are covered by a manufacturers warranty and are used primarily for
personal, family or household use.
9.)
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
covered by a warranty.
10.)
Does the Lemon Law apply to minor
defects, or only significant defects?
The
Song-Beverly Act applies to defects which constitute a substantial
impairment to the use, value or safety of the vehicle to the owner
or lessee. Therefore, inconveniences (static or poor reception in
the radio, for example) normally do not make a Lemon Law claim.
Serious problems with brakes, transmission, engine function,
SRS/airbag, inoperable air conditioning, persistent water leaking,
engine oil or transmission oil leaks, overheating, “CHECK
ENGINE”, to cite a few, are examples of Lemon Law impairment to
use, value, or safety of the vehicle. There are other federal laws
that further expand on what is considered to be a “defect”
that constitutes replacement of purchase price or a refund of
monies spent.
Your California Lemon Law Rights
Presented by
California Lemon Law Attorneys
The Law Offices of William R. McGee
California's Largest Lemon Law
FirmSM
SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666
1-877-EL-LIMON
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