California Lemon Law FAQ
Our Sherman Oaks lemon law attorneys receive a lot of the same questions from first-time clients regarding California Lemon Laws. Here you can read some of our answers to frequently asked questions and make an informed decision on whether or not you can file a CA Lemon Law claim. We also provide free case evaluations, so do not hesitate to call us at (818) 960-1945 if you would like to ask your questions in person.
Frequently Asked Questions
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What Information Do I Need to Provide for my Consultation?
To ensure we can help you during your consultation, please provide the items listed below. All needed documents can be emailed or faxed to (818) 995-0160.
- Car Registration
- Lease Information
- Any/all repair order documents
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How Do I Know If I have a Lemon?
You might have a lemon if your car has been taken to the dealership several times and was repaired under the manufacturer’s original warranty for the same problem, and that defect substantially impairs your use, value, or safety. You may be entitled to relief under CA's Lemon Laws.
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What If My Vehicle is Out of Warranty?
Your car may still qualify for Lemon Law relief even if your car is now out of warranty. If you experienced the same problems while your car was under the manufacturer’s original warranty, you may be entitled to rights under California’s Lemon Laws even if your car is not under warranty now. Repairs covered by an Extended Service Plan do not count as warranty repairs under the CA Lemon Law unless it is the manufacturer's extended warranty.
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What Does Lemon Law Buyback Mean?
A CA Lemon Law buyback happens when the manufacturer buys your lemon car back. Your refund can include the down payment you made, all payments made up to the buyback date, registration fees for the first year, and/or paying off a loan or lease. The car manufacturer may deduct a usage fee, however.
This is an offset for your mileage calculated by the CA Lemon Law statute. After-market services and installations, such as alarms, LoJack, or other accessories are also subject to deductions.
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If the Manufacturer Will Not Buy My Car Back, Does That Mean That I Don't Have a Case?
No. Sometimes automobile manufacturers do not agree to a repurchase of your car. Instead, they will offer you compensation in the form of a “cash and keep” settlement offer.
In this situation, you will keep the car and continue to make your monthly payments as originally agreed at the time of purchase/lease. You may also be offered a replacement vehicle to replace your lemon.
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I Bought My Car Used, Can I Still Make A Lemon Law Claim?
Yes. As long as you purchased the used car if it was “Certified Pre-Owned” or still covered by the manufacturer’s original warranty. Even though your car was used, the repairs you incurred had to be covered under the original manufacturer’s warranty. Most of the manufacturers will offer Certified Pre-Owned vehicles for sale and will often extend the warranty on those vehicles by mileage or length of time.
If you purchased a used vehicle that is still covered under the original manufacturer’s warranty, or you had it repaired under the original manufacturer’s warranty and it is now out of warranty, you may still be entitled to relief under the lemon law. If you purchased a “Certified Pre-Owned” vehicle, the manufacturer will often extend the warranty, so depending on the mileage, you may still have a viable lemon law claim.
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What If I Leased My Car, Can I Still Make a Lemon Law Claim?
Yes. The same California Lemon Laws apply to equally to purchases and leases.
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How Long Will It Take to Settle My Case?
While each case is different, and depending on the extent of the repair history, the timeframe will vary. We will aggressively pursue a prompt and timely resolution to your claim. Most of these claims resolve before the need for a trial.
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Does the Lemon Law Work If I Purchased the Vehicle Outside of California?
No, unless the car was purchased, registered, and repaired in the State of California under the original factory warranty. There is only one exception to this rule: if you are/were active-duty military. CA Lemon Laws may apply to you. Please call us to find out.