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Each state's Lemon Law is different. California's Lemon Law provides one of the strongest protections for consumers in the United States. The Lemon Law provides that you do not get stuck with a defective product if the dealer or manufacturer cannot repair it under the warranty after a reasonable number of repair attempts. If you qualify under the California Lemon Law, our attorney will be able to force the manufacturer to buy back your vehicle or replace your defective vehicle.
The California Lemon Law covers new cars, trucks, computers, motor homes, trailers, 5th wheels, boats, motorcycles, and all other consumer goods sold with a warranty. Leased vehicles are also covered under the California Lemon Law.
Does the Lemon Law cover used vehicles, or demonstrators?
Yes! Used vehicles sold with an unused portion of the warranty are covered under the Lemon Law. For example, if the vehicle was originally covered by the manufacturer's 36 months/36,000 miles warranty, then it must have been purchased as a used vehicle within 36 months of the time that the vehicle first went into service, and with fewer than 36,000 miles on the odometer at the time of your purchase. Manufacturers' new car warranties differ and you should check the original owner's manual to determine the limits of your car warranty. Also, you should note that an extended service contract is not the same as the manufacturer's new car warranty and does not change the requirement stated above.
How do I know if my vehicle qualifies under the California Lemon Law?
To determine whether your vehicle qualifies under the California Lemon Law, just fill out our free case review request. Our attorney will contact you right away for your free and no obligation consultation.
The California Tanner Act Lemon Law presumption provides that if your new vehicle has a substantial defect which cannot be repaired after four repair attempts or 30 days in the shop during the first 18 months or 18,000 miles, then it is presumed that the manufacturer had a reasonable number of repair attempts for purpose of the California Lemon Law. If the defect is one that is likely to cause death or serious bodily injury, and you have notified the manufacturer in writing about the serious defect, then only two repair attempts are considered a reasonable number of repair attempts.
Do I have to qualify for the Tanner Act Lemon Law presumption in order to get a buyback or replacement?
No. The Tanner Act Lemon Law presumption is not needed to win your Lemon Law case. You can have a good Lemon Law case as long as the defect substantially affects safety, value, or use, and occurred within the new car warranty period. Our attorney has been able to obtain a buyback or replacement for consumers who did not have the Tanner Act Lemon Law presumption. Contact our office and our attorney will let you know whether you have a good Lemon Law case or not.
What am I entitled to recover if I have a good Lemon Law case?
If you have a good Lemon Law case, our attorney will be able to recover all the money you paid toward your vehicle (including down payments, monthly payments, taxes, licensing, etc.), plus the amount necessary to pay off your vehicle, if any, minus a "usage fee" based on mileage, as allowed under the California Lemon Law. Or if you choose to get a replacement, you can obtain a comparable vehicle, after payment of the “usage fee.” The lemon vehicle will be returned to the manufacturer, free and clear of all liens.
No, California Lemon Law does not require you to go through arbitration to make a Lemon Law claim. Depending on the case, our attorney may be able to get you a settlement faster than if you were to go through the arbitration process by yourself. In fact, arbitration can be dangerous because if the decision is against you, that decision may later be used as evidence against you in any subsequent court action.
However, our attorney has been able to obtain a buyback or replacement for consumers who went through arbitration, and were denied a buyback or replacement by the arbitrator. But, the consumers lost a few months of time because they went through the arbitration process first.
I think I may have a Lemon Law case - Where do I start?
You start simply by filling out the free case review request on our website or call our office toll free at 1-888-338-8330 for a free case review. Our attorney will personally review your information and contact you right away. It won't cost you anything to start your Lemon Law case, except for a few minutes of your time.
Do I need to do anything else other than contact your office?
Our attorney will need to review your repair orders/invoices to thoroughly evaluate your potential Lemon Law case. You can provide your documents to our office after speaking with our attorney. Our attorney will tell you what documents are needed to review your potential Lemon Law case. If you don't have the documents, our attorney will tell you how to get those documents.
Our attorney will personally review all the information and documents you provide to determine whether you have a good Lemon Law case or not. Our attorney will contact you directly to let you know and discuss your potential case with you. You can fax, mail or email us your documents. You don't need to come to our office. If you have a good Lemon Law case, our attorney will explain to you the Lemon Law process and what the potential results are. If you have any questions regarding your potential Lemon Law case, you should ask our attorney. There is no such thing as a stupid question.
How do I choose the best attorney to represent me in my Lemon Law case?
Experience - You should find an attorney who is experienced in Lemon Law cases. You wouldn’t go to your regular doctor when you need heart surgery. Likewise, experience makes a difference in a legal specialty area, like the Lemon Law. You want an attorney who knows the different manufacturers and the attorneys they use. An experienced attorney will be better able to guide you through an unfamiliar process. When you talk to the attorney, ask him/her about their past experience with a similar vehicle or similar defect. Ask about past settlements and successes.
Trust – You should find an attorney that you trust. You and the attorney will need to work together. Trust is very important in a working relationship. If you don’t feel that you can trust an attorney, don’t have that attorney represent you. Find out who you would be working on your case and talk to that person directly. See if you can have a good working relationship. Make sure that an attorney will be doing the work on your case and talking to you, not just a paralegal or assistant.
Prompt attention – The biggest complaint against lawyers is that they don’t return phone calls promptly. It is important that your attorney returns your calls and inquiries in a prompt manner. Ask the attorney about any policies in returning client phone calls. Make sure that the attorney has enough time to pay attention to your case. Some attorneys have so many cases that they don’t have time to give you or your case individualized attention. You need an attorney who has a reasonable case load and is able to pay individualized attention to your case. Also, make sure that you won’t be stuck talking to or working only with a paralegal or assistant. This is supposed to be an attorney/client relationship, not a paralegal/client relationship.
Bottom line, trust your instincts and go with an experienced attorney who you trust and who can pay individualized attention to your case. If you have a good Lemon Law case, there will be many experienced attorneys who will be willing to take your case at no costs to you. Remember that even if two different attorneys can get you the same result, you should go with the attorney that makes the Lemon Law process more pleasant for you. It is not just the destination; the journey is just as important.
Our attorney will let you know if we have accepted your Lemon Law case. We will then send you a Representation Agreement which clearly states the terms of our legal services. Once we receive your signed Representation Agreement back, our attorney will start on your case right away.
How much will I have to pay to start my Lemon Law case?
You don't pay a retainer fee for our office to represent you. You also do not pay any attorneys’ fees out of pocket. If you have a good Lemon Law case, our office will be able to recover attorneys’ fees from the manufacturer. If your case doesn't settle or you don't win at trial, you owe our office no attorneys’ fee. Our office also normally advances all costs, so it won't cost you any money to start your Lemon Law case. During your case review, our attorney will explain this in more details and answer any questions you may have.
During your Lemon Law case, our attorney does all the work to get your money back or vehicle replaced. You can then concentrate on your life and not on your lemon. Our attorney will work directly with you and keep you updated about your Lemon Law case. You will work with the same attorney during your entire case. You don't have to worry that your case will get assigned or transferred to someone different than the attorney you spoke with. You also don't have to worry that only a paralegal or legal assistant is working on your case. If you have any questions, please feel free to contact our attorney. Our attorney will personally and promptly contact you.
The amount of time your Lemon Law case will take depends on vehicle and manufacturer. Some cases can be resolved very quickly (two weeks to eight weeks) without litigation. But, some vehicle manufacturers won't buy back your vehicle or replace it until you bring a lawsuit against them. Our attorney has handled many different kinds of lemon vehicle cases, and will be able to explain the normal process for your vehicle.
