California Lemon Law FAQ
For over 22 years, Law & Kolakowski, in San Diego, California, we have been offering legal counsel to clients throughout Los Angeles, San Diego, Riverside, San Bernadino, and Imperial counties. Our lemon law attorneys have successfully litigated thousands of claims, while gaining the respect of other lawyers and judges in the Southern California legal community. If you have any other questions or would like to set up a free consultation, please fill out the FREE Case Evaluation Form.
CALIF LEMON LAW FREQUENTLY ASKED QUESTIONS
What is the lemon law?
The Song-Beverly Consumer Warranty Act, also known as California's lemon law states that if a seller of any consumer product sold with a warranty fails to repair that product within a reasonable number of repair attempts, the buyer is entitled to a refund of the purchase price.
What types of products does the lemon law apply to?
The lemon law applies to all consumer products, including motor vehicles (cars, trucks, motor homes, motorcycles, boats, all-terrain vehicles) sold in this state with a warranty. A "consumer product" is defined as a product that is purchased or used primarily for personal, family or household purposes.
Does lemon law apply if I use my vehicle in business?
Yes. A motor vehicle can be purchased primarily for business and still qualify for protection under the lemon law, so long as the vehicle owner does not have more than 5 vehicles in its name in California.
Does lemon law apply to leases?
Yes. The lemon law applies to leased products as well as products that are purchased.
Does the Lemon Law apply to used vehicles?
Yes. The lemon law applies to any consumer product, new or used, sold with a warranty.
How long does the lemon law apply?
The Lemon law covers repairs that are done under warranty. This is generally during the warranty period. Warranties may be extended under several circumstances, however, including by the manufacturer or seller themselves and the number of days a vehicle has been out of service by reason of repair. Many cases involve warranties that have expired.
How long do I have to bring my case?
You may bring a case within four years of the date you knew or should have known the product was a lemon.
How do I know if my vehicle a "lemon?"
As a general rule, a vehicle that suffers from a material defect or defects is a lemon if it remains unrepaired after a "reasonable" number of repair attempts. A material defect or "nonconformity" to the warranty is defined as a defect that "substantially impairs the use, value or safety" of the vehicle.
What constitutes a "reasonable" number of repairs?
This is question of fact that can best be answered on a case-by-case basis. The lemon law contains several guidelines, however, to aid consumers, manufacturers, retail sellers, judges and juries in answering this question.
What do I get if I choose to have my "lemon" vehicle repurchased?
If you choose to have your vehicle repurchased, you are entitled to a refund of all monies invested in the lemon: down payment, monthly finance payments and payoff of the finance contract. You are also entitled to recover expenses such as towing costs, rental car fees, and repair costs.
How do attorneys' fees and litigation costs work?
Law & Kolakowski takes all of its cases on a contingency basis, which means that there are no charges up front and you are not charge any fees unless we can recover for you.
Providing legal assistance to clients in all cities of Southern California, including San Diego, Los Angeles, Riverside, San Bernardino, and El Centro, CA.
