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.
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.
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.
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.
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.
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.
Are
there situations where only 2 repair attempts
are considered reasonable?
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.
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.
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.
The Law Offices of William R. McGee The
California Lemon Law Specialists California’s Largest Lemon
Law Firmsm
19
years of lemon law excellence serving California consumers.
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