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.
