CALIFORNIA LEMON CARS ATTORNEY

The California Lemon Law applies to any new vehicle bought or leased with a manufacturer’s warranty. If the vehicle breaks down, it may be a lemon if any of the following occur: 

• The same problem has been repaired by the manufacturer four or more times.
• The same problem has been repaired by the manufacturer two or more times, but it is a problem that is likely to result in death or serious bodily injury (such as faulty brakes).
• The vehicle has been out of service for thirty or more calendar days since you took possession of it.

The California Lemon Law does not protect many vehicles. This law is based on the manufacturer’s warranty, so vehicles sold as-is or from a reseller may not have a warranty to enforce. Vehicles bought from private sellers might also no longer have Lemon Law protection.

You must also have your first repair within eighteen months of when the vehicle was delivered to you or within eighteen thousand miles on the odometer (whichever occurs first). Vehicles that drivers registered in other states do not fall under the protection of the California Lemon Law, though you might have rights under other state laws.

The vehicle’s value is not the only compensation you can recover as a result of purchasing a lemon. You are also entitled to all the expenses you incurred because of the vehicle. These expenses can include title and registration fees, sales tax, and other costs. It can also include the incidental expenses that you paid because you had a lemon.

You might have had to pay for taxis or Uber when your vehicle broke down. You might have had to rent a vehicle or even pay for a hotel room while you had your vehicle repaired during a road trip. Even your attorney’s fees are related to your lemon. All of these costs are part of your Lemon Law claim. Be sure to document them and keep your receipts.

One note about arbitration: many manufacturers have started to include an arbitration clause in their written warranties. This clause might say that you have to go through arbitration before you can file a claim in court.

In general, this clause is not enforceable, and the Lemon Law does not require you to go through arbitration before you may file your claim in court. If your attorney advises you to go to arbitration, it is your choice to do so, and the manufacturer cannot force it on you.