FAQs
Below are some frequently asked questions that we have provided answers to. If you have any additional questions, please give us a call, send us an email, or fill out the contact form below!
What is a Lemon?
The California Lemon Law is a consumer protection law that provides legal recourse for buyers or lessees of new vehicles with substantial defect(s) or recurring problem(s), commonly referred to as "lemons." Used vehicles may also be protected under the law if they fall under one of the exceptions, such as being a certified pre-owned vehicle at the time of purchase. The law is designed to protect consumers who have purchased or leased a vehicle that has a warranty defect(s) that substantially impairs its use, value, or safety.
Here is a short, non-exhaustive, list of important key aspects of the California Lemon Law:
1. Cars the Law Applies To: The law applies to new and certain used vehicles that are sold or leased in California for personal, family, or household purposes. If purchased for primarily business purposes or registered to a legal entity such as an LLC or corporation, then the vehicle must weigh less than 10,000 pounds and said legal entity cannot have more than five motor vehicles registered to it. Dealer-owned vehicles and “demonstrator” vehicles sold with a manufacturer’s new car warranty also apply.
2. Looking at When the Issue Began: The defects experienced by the consumer must have begun to occur during the vehicle’s original manufacturer warranty period. The defect cannot be a result of abuse by the consumer, an accident, or alterations not authorized by the manufacturer.
- For example, if a vehicle’s engine is warrantied for 5 years or 60,000 miles (whichever comes first), then the engine defect(s)/issue(s) must be present, documented, and taken into the manufacturer’s authorized service repair center for a chance of repair within that warranty period. Note, even if at the time of purchase, a service contract to extend the warranty to 100,000 miles was purchased, the defect(s)/issue(s) and repair attempts must have occurred during the 5 years or 60,000 miles period because that was the vehicle’s original manufacturer warranty period.
3. Giving the Manufacturer a “Reasonable” Number of Repair Attempts: The law requires the consumer to allow the manufacturer a “reasonable” number of attempts to repair the warranty defect. There is no set number. However, California’s Lemon Law Presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:
- the manufacturer or its authorized repair facility has made at least two unsuccessful repair attempts, and your vehicle’s problems could cause death or serious bodily injury if it is driven;
- the manufacturer or its authorized repair facility hasn’t been able to fix the same problem after four or more attempts; and/or
- your vehicle has been taken to the manufacturer or its authorized repair facility for more than 30 days (not necessarily in a row) for repair of any defects covered by the manufacturer warranty.
4. Manufacturer's Obligations: If the serious warranty defect(s) cannot be repaired after a reasonable number of attempts, the manufacturer is obligated to either replace the vehicle or refund the purchase price, minus an amount for the consumer's good use of the vehicle (known as a "mileage offset") and minus any other potential offsets such as service contracts, options, etc.
It's important to note that the California Lemon Law is complex, and the specific details and requirements may vary depending on the circumstances. If you believe your vehicle qualifies as a lemon under the law, please contact us for a no cost, free consultation.
All new callers are set up with our attorneys.
TLDR: If you keep taking your car into the dealer for repairs under warranty, give us a call and we can go through all the specifics with you. When you call Leo Lemons, you talk to a lawyer, not a call center!
Here is a short, non-exhaustive, list of important key aspects of the California Lemon Law:
1. Cars the Law Applies To: The law applies to new and certain used vehicles that are sold or leased in California for personal, family, or household purposes. If purchased for primarily business purposes or registered to a legal entity such as an LLC or corporation, then the vehicle must weigh less than 10,000 pounds and said legal entity cannot have more than five motor vehicles registered to it. Dealer-owned vehicles and “demonstrator” vehicles sold with a manufacturer’s new car warranty also apply.
2. Looking at When the Issue Began: The defects experienced by the consumer must have begun to occur during the vehicle’s original manufacturer warranty period. The defect cannot be a result of abuse by the consumer, an accident, or alterations not authorized by the manufacturer.
- For example, if a vehicle’s engine is warrantied for 5 years or 60,000 miles (whichever comes first), then the engine defect(s)/issue(s) must be present, documented, and taken into the manufacturer’s authorized service repair center for a chance of repair within that warranty period. Note, even if at the time of purchase, a service contract to extend the warranty to 100,000 miles was purchased, the defect(s)/issue(s) and repair attempts must have occurred during the 5 years or 60,000 miles period because that was the vehicle’s original manufacturer warranty period.
3. Giving the Manufacturer a “Reasonable” Number of Repair Attempts: The law requires the consumer to allow the manufacturer a “reasonable” number of attempts to repair the warranty defect. There is no set number. However, California’s Lemon Law Presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:
- the manufacturer or its authorized repair facility has made at least two unsuccessful repair attempts, and your vehicle’s problems could cause death or serious bodily injury if it is driven;
- the manufacturer or its authorized repair facility hasn’t been able to fix the same problem after four or more attempts; and/or
- your vehicle has been taken to the manufacturer or its authorized repair facility for more than 30 days (not necessarily in a row) for repair of any defects covered by the manufacturer warranty.
4. Manufacturer's Obligations: If the serious warranty defect(s) cannot be repaired after a reasonable number of attempts, the manufacturer is obligated to either replace the vehicle or refund the purchase price, minus an amount for the consumer's good use of the vehicle (known as a "mileage offset") and minus any other potential offsets such as service contracts, options, etc.
It's important to note that the California Lemon Law is complex, and the specific details and requirements may vary depending on the circumstances. If you believe your vehicle qualifies as a lemon under the law, please contact us for a no cost, free consultation.
All new callers are set up with our attorneys.
TLDR: If you keep taking your car into the dealer for repairs under warranty, give us a call and we can go through all the specifics with you. When you call Leo Lemons, you talk to a lawyer, not a call center!
Do I need a lawyer to lemon my vehicle?
If you believe you have purchased or leased a defective vehicle, commonly referred to as a "lemon," you may have rights under California's lemon law. While it is not mandatory to have a lawyer to pursue a lemon law claim, seeking legal advice can be helpful in navigating the process and ensuring you understand your rights and options. Moreover, the specific requirements and procedures can be complex and may vary depending on the circumstances, so having a lawyer who specializes in California’s Lemon Law can provide helpful guidance and expertise, as well as help you understand the strength of your case and the likelihood of success.
If you think you might have a “lemon” and wish to pursue a lemon law claim in California, we recommend getting in contact with us and we can provide personalized advice based on your specific circumstances. Then you can decide whether you need or would want a lawyer to lemon your vehicle. Either way, you got to talk directly with a lawyer for free! When you call us, you get a lawyer, not a call center!
What kind of damages can I sue for under the lemon law?
Under the California lemon law, also known as the Song-Beverly Consumer Warranty Act, if your vehicle turns out to be a "lemon," meaning it has substantial defects that impair its use, value, and/or safety, you may be entitled to various types of damages. These damages a plaintiff(s) may recover include, but are not limited to, vehicle replacement or repurchase; actual, incidental, and consequential damages incurred as a result of obtaining the vehicle; a possibility of civil penalty of up to two times the actual damages incurred in addition to the awarded damages. It is important to note that each and every case is evaluated on a case-by-case bases and not all vehicles can qualify for recovery. We strongly recommend getting in contact with us and we can provide personalized advice based on your specific circumstances. When you call us, you get a lawyer, not a call center!
If I file a lemon lawsuit, can I stop paying my car bill?
Filing a lemon lawsuit does not automatically relieve you of the obligation to make payments on your car loan or lease. Typically, your car payments are separate from any legal claims you may have against the manufacturer or dealer. Failing to make your car payments could result in default, repossession, or other legal consequences, such as damage to your credit score.
If you believe you have a valid lemon law claim in California, it's generally advisable to consult with an attorney who specializes in lemon law cases, such as us! We can provide you with guidance on the specific laws and regulations that apply in your situation. We will also be able to advise you on the best course of action, including any potential options for seeking compensation or relief.
When you call us, you get a lawyer, not a call center!
If you believe you have a valid lemon law claim in California, it's generally advisable to consult with an attorney who specializes in lemon law cases, such as us! We can provide you with guidance on the specific laws and regulations that apply in your situation. We will also be able to advise you on the best course of action, including any potential options for seeking compensation or relief.
When you call us, you get a lawyer, not a call center!
If I decide to lemon my car, do I keep my car during the lawsuit?
YES! While the lawsuit is active, you’ll still be in possession of your vehicle. The car is still yours (unfortunately), and you are not giving up any rights you have to the vehicle. You continue living your everyday life and rest assured we are working in the shadows… but you can always call and talk to one of our lawyers if you need to! We’re not a call center, we’re a law firm!
How long does the "lemon process" take?
Here at Leo Lemons, we are not going to tell you we can get the lemon process done in “1-3 months” just to get your business, so here’s an honest answer, from honest attorneys.
The duration of a lemon law lawsuit in California can vary widely depending on several factors, including the complexity of the case, the cooperation of the parties involved, and the court's schedule. While it's challenging to provide an exact timeframe, a typical lemon law lawsuit in California may take anywhere from a couple of months to a year or more to reach a resolution.
If you are considering a lemon lawsuit and would like to better understand what your specific “lemon process” timeline would be for your specific vehicle, call us today! We are happy to provide no cost consultations with a lawyer to provide personalized advice!
The duration of a lemon law lawsuit in California can vary widely depending on several factors, including the complexity of the case, the cooperation of the parties involved, and the court's schedule. While it's challenging to provide an exact timeframe, a typical lemon law lawsuit in California may take anywhere from a couple of months to a year or more to reach a resolution.
If you are considering a lemon lawsuit and would like to better understand what your specific “lemon process” timeline would be for your specific vehicle, call us today! We are happy to provide no cost consultations with a lawyer to provide personalized advice!
What if I already turned in my lease?
That’s okay! We’ve had clients who leased a new car, the new car spent more time at the dealer during the 3-year lease than our client’s garage, then the client returned the car at the end of the lease. After returning the car, he learned about the lemon law. BUT THERE WAS STILL HOPE! Since he didn’t have the vehicle, we were able to get him cash in his pocket!
If you had a similar experience and already turned in your vehicle at the end of your lease (or are close to the end of your lease), give us a call to see if there’s still a chance we can file a claim for you and get you compensated with cash to your pocket!
If you had a similar experience and already turned in your vehicle at the end of your lease (or are close to the end of your lease), give us a call to see if there’s still a chance we can file a claim for you and get you compensated with cash to your pocket!
What if I signed up with one of the other guys but it's been 3 years and they haven't done anything, can I sign with you?
We suggest talking with your attorneys and discuss wanting end their representation of you. However, before making that call, review your retainer agreement that you signed with the law firm. That agreement contains the terms and manner in which you may terminate the retainer agreement. Remember, you retained them! They represent you! If you feel like they are not putting in 100% focus for you, you have every right to go somewhere else! Your car is already a Lemon, your Law Firm shouldn’t be!
What should I do if I think my car is a lemon?
*Arnold Schwarzenegger Voice* PUT THAT COOKIE DOWN AND CALL US NOW!
