California Lemon Law California Lemon Law Statute Frequently Asked Questions California Lemon Law Blog What to do if You Bought a Lemon

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Law Offices of
Howard D. Silver

513 Water Oak Lane, No. A,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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California Lemon Law Frequently Asked Questions

California Lemon Law FAQ

Q: What is California's "lemon" law?

A: California's lemon law says consumers have the right to a refund or replacement when they buy vehicles that need constant repairs or have serious and persistent mechanical problems. Formally known as the Tanner Consumer Protection Act, the lemon law covers all motor vehicles sold or leased in California with a manufacturer's warranty. It lays out the process dissatisfied vehicle buyers can follow to recover the money they paid for a "lemon" and all related costs, like repairs and towing.

Q: What types of vehicles does the lemon law cover?

A: The law covers all types of motor vehicles sold with a manufacturer's warranty in California. That includes cars, trucks, vans, buses and the part of a motor home that functions as a vehicle (not the part used as a habitation). Leased vehicles are covered, because they should have a warranty. Used vehicles can be covered as long as the manufacturer's original warranty applies. Cars used for business qualify as long as the business owns five or fewer vehicles. Vehicles intended for off-road use, like ATVs and "dirt bikes," are not covered but you still have protection under the California Consumer Warranty laws.

Q: When is a vehicle considered a "lemon" under California law?

A: In the first 18 months of ownership or 18,000 miles, whichever occurs first, the manufacturer has tried to fix the same problem four or more times; the vehicle has been in the repair shop for 30 combined days since its purchase; or there's a serious safety problem that you've unsuccessfully tried to repair two or more times, you have a lemon.

Q: If my vehicle passes the legal test for a lemon, am I automatically entitled to a refund or replacement?

A: No, but that does make it easier to prove your case. If you meet the criteria, the law automatically assumes you've proven your vehicle is a lemon; the manufacturer can still prove that it's not. That's why so many lemon buyers have to file California lemon lawsuits. If you don't meet the criteria, you must prove it is a lemon.

Q: What am I entitled to recover under the lemon law?

A: If you win a lemon law claim, you can choose to either replace your vehicle at no cost to you, or receive a full refund. This is your choice, not the manufacturers. In a lemon lawsuit, you are also entitled to ask for a refund of all the additional costs the lemon caused, such as towing and rental cars.

Q: I bought a used car. Could it still be covered by California lemon law?

A: Used vehicles are covered by the lemon law while the manufacturer's original warranty still applies. Also, if there's been fraud, deception or unfair business practices you can bring a claim under the California Consumer Remedies Act. Further, if you have a dealer's warranty you can bring a claim under that as well and sue for your money back. Either way, call the Law Offices of Howard D. Silver if you think you have a case.

Q: What are the manufacturer's obligations under California's lemon law?

A: The law requires manufacturers to ensure that their vehicles live up to their own warranties. They must maintain their own service facilities or an authorized contractor reasonably close to where it sells its goods, and provide that facility with enough parts and supplies to do its job. If it fails to do this, or if the vehicle can't be repaired after a reasonable number of attempts, the manufacturer must promptly repair or replace the vehicle.

Q: Can the manufacturer insist that I take a replacement vehicle?

A: No. You have the legal right to choose whether you take a full refund or a replacement vehicle. Both options should include payment for rental cars and other incidental costs caused by the lemon. And if you choose a replacement, the manufacturer must provide you with a vehicle that's substantially equivalent to the lemon.

Q: Can I afford a lawyer for my lemon law case?

A: Not everyone who buys a lemon is wealthy enough to pay the costs of a lawsuit. That's why the Law Offices of Howard D. Silver works on contingency, which means we don't take a fee at the beginning of the case. In fact, we don't take a fee at all unless we win your case. For the same reasons, The Law Offices of Howard D. Silver offers free consultations. If you think you may have bought a lemon, call us today to learn more about your rights under California law.

Click here to request a free, half hour consultation with the Law Offices of Howard D. Silver and start turning your Lemon to Silver today! Remember it’s FREE!