FREQUENTLY ASKED QUESTIONS (FAQ)
1. Do I have to pay an attorney to make a claim under the lemon law?
No. Our fees are paid directly by the automobile manufacturers.
2. How can I tell if my vehicle is a lemon?
Your vehicle may be a lemon if you bring it to the dealer for repair four times for the same problem if that problem “substantially impairs” the use, value, or safety of the vehicle to you. If the problem is a serious safety concern, two repair attempts may be enough to qualify your vehicle as a “lemon.”
3. My warranty is expired – do I still qualify under the lemon law?
If your vehicle was under the original manufacturer’s warranty when the repairs were performed, but is now out of warranty, you may still be entitled to relief under the lemon law. Repairs covered by an Extended Service Plan, however, are not covered under the California Lemon Law.
4. What results can I get when I sue under the lemon law?
If your car is determined to be a “lemon,” you can get either a “repurchase” (“buyback”), a replacement vehicle, or a “cash and keep.”
5. What is a “repurchase” (“buyback”) under the lemon law?
A lemon law buyback occurs when the automobile manufacturer buys your car back from you, reimburses your down payment, your monthly payments, your registration fees, and pays off the balance owed on your outstanding auto loan. The only money that is deducted from these funds is the mileage offset, which is calculated by the mileage on the vehicle at the time of first repair, divided by 120,000, and multiplied by the purchase price of the vehicle. If you purchased “after-market” items with the vehicle, these may also be deducted from your refund.
6. What is a “replacement” vehicle under the lemon law?
If you want to replace your vehicle, you are entitled to a new vehicle that is substantially the same as the original one and you only pay the difference in sales tax from the amount paid for the original vehicle and the current vehicle, plus continuing to pay balance owed on the existing loan.
7. Who gets to choose whether I get a repurchase or replacement?
The choice is up to the consumer.
8. What is a “cash and keep” settlement?
In a “cash and keep” settlement, the consumer keeps the car and remains responsible for the loan, if any. They can then pay to repair the vehicle, sell it, or keep it and live with the problem.
9. Is arbitration a prerequisite to making a clam under the lemon law?
No. You can sue the manufacturer without first going to arbitration.
10. Do used cars qualify under the lemon law?
No. In the past, a used vehicle purchased while still under the original manufacturer’s warranty was entitled to relief under the lemon law. However, a recent case has put this policy seriously in question and this firm does not currently make lemon law claims for used vehicles. However, you may have other remedies for your used vehicle. Please see “Auto Fraud: Violations Under the Consumer Legal Remedies Act” on this website.
11. What if my car is sold to me as a “demonstrator?”
If the dealer sold you an otherwise new car as a dealer demonstrator, it should still be covered under the California’s Lemon Law.
12. Can I still make lemon law claim if I leased my car?
Yes. Leased cars are covered by the lemon law.
13. Could I still have a case even if the manufacturer refuses to buy my car back?
Yes. Often a manufacturer will initially refuse to repurchase or replace a defective vehicle if they disagree with the number of repair attempts, if the repairs appear to be unrelated, or if they think the problem is not serious enough. However, if you have a serious concern and have brought the vehicle in for repair a reasonable number of times, the manufacturer should eventually agree to buy the vehicle back, offer a replacement vehicle (Please see above), or pay what is known as a “cash and keep” settlement. This type of settlement is when the manufacturer offers to pay a certain amount for your “inconvenience” and that will allow you to keep your vehicle. In a cash and keep settlement, the consumer keeps the car and remains responsible for the loan, if any. The consumer can the pay to repair the vehicle, sell it, or keep it and live with the problem. (Please see No. 9, above.)
14. Does the lemon law cover cars purchased in other states?
No. Except in a very limited circumstance, to be entitled to the benefits of the California Lemon Law, the consumer must have purchased, registered, and repaired the vehicle in the state of California under the original factory warranty.
15. Will it take a long time to settle my case?
Not necessarily. Each case is different and different manufacturers handle lemon cases in different ways. This firm has developed a good working relationship with some of the manufacturers’ attorneys over the years and we make every effort to ensure that our clients’ cases are settled as soon as possible, as long as it doesn’t compromise your claim. Most lemon law cases settle without going to trial and often, the client never has to go to court for any reason while pursuing a lemon law claim.
No. Our fees are paid directly by the automobile manufacturers.
2. How can I tell if my vehicle is a lemon?
Your vehicle may be a lemon if you bring it to the dealer for repair four times for the same problem if that problem “substantially impairs” the use, value, or safety of the vehicle to you. If the problem is a serious safety concern, two repair attempts may be enough to qualify your vehicle as a “lemon.”
3. My warranty is expired – do I still qualify under the lemon law?
If your vehicle was under the original manufacturer’s warranty when the repairs were performed, but is now out of warranty, you may still be entitled to relief under the lemon law. Repairs covered by an Extended Service Plan, however, are not covered under the California Lemon Law.
4. What results can I get when I sue under the lemon law?
If your car is determined to be a “lemon,” you can get either a “repurchase” (“buyback”), a replacement vehicle, or a “cash and keep.”
5. What is a “repurchase” (“buyback”) under the lemon law?
A lemon law buyback occurs when the automobile manufacturer buys your car back from you, reimburses your down payment, your monthly payments, your registration fees, and pays off the balance owed on your outstanding auto loan. The only money that is deducted from these funds is the mileage offset, which is calculated by the mileage on the vehicle at the time of first repair, divided by 120,000, and multiplied by the purchase price of the vehicle. If you purchased “after-market” items with the vehicle, these may also be deducted from your refund.
6. What is a “replacement” vehicle under the lemon law?
If you want to replace your vehicle, you are entitled to a new vehicle that is substantially the same as the original one and you only pay the difference in sales tax from the amount paid for the original vehicle and the current vehicle, plus continuing to pay balance owed on the existing loan.
7. Who gets to choose whether I get a repurchase or replacement?
The choice is up to the consumer.
8. What is a “cash and keep” settlement?
In a “cash and keep” settlement, the consumer keeps the car and remains responsible for the loan, if any. They can then pay to repair the vehicle, sell it, or keep it and live with the problem.
9. Is arbitration a prerequisite to making a clam under the lemon law?
No. You can sue the manufacturer without first going to arbitration.
10. Do used cars qualify under the lemon law?
No. In the past, a used vehicle purchased while still under the original manufacturer’s warranty was entitled to relief under the lemon law. However, a recent case has put this policy seriously in question and this firm does not currently make lemon law claims for used vehicles. However, you may have other remedies for your used vehicle. Please see “Auto Fraud: Violations Under the Consumer Legal Remedies Act” on this website.
11. What if my car is sold to me as a “demonstrator?”
If the dealer sold you an otherwise new car as a dealer demonstrator, it should still be covered under the California’s Lemon Law.
12. Can I still make lemon law claim if I leased my car?
Yes. Leased cars are covered by the lemon law.
13. Could I still have a case even if the manufacturer refuses to buy my car back?
Yes. Often a manufacturer will initially refuse to repurchase or replace a defective vehicle if they disagree with the number of repair attempts, if the repairs appear to be unrelated, or if they think the problem is not serious enough. However, if you have a serious concern and have brought the vehicle in for repair a reasonable number of times, the manufacturer should eventually agree to buy the vehicle back, offer a replacement vehicle (Please see above), or pay what is known as a “cash and keep” settlement. This type of settlement is when the manufacturer offers to pay a certain amount for your “inconvenience” and that will allow you to keep your vehicle. In a cash and keep settlement, the consumer keeps the car and remains responsible for the loan, if any. The consumer can the pay to repair the vehicle, sell it, or keep it and live with the problem. (Please see No. 9, above.)
14. Does the lemon law cover cars purchased in other states?
No. Except in a very limited circumstance, to be entitled to the benefits of the California Lemon Law, the consumer must have purchased, registered, and repaired the vehicle in the state of California under the original factory warranty.
15. Will it take a long time to settle my case?
Not necessarily. Each case is different and different manufacturers handle lemon cases in different ways. This firm has developed a good working relationship with some of the manufacturers’ attorneys over the years and we make every effort to ensure that our clients’ cases are settled as soon as possible, as long as it doesn’t compromise your claim. Most lemon law cases settle without going to trial and often, the client never has to go to court for any reason while pursuing a lemon law claim.