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.
