Do I Qualify For The California Lemon Law?
The California lemon laws provide remedies if a consumer has repeated, substantial problems relating to the safety, value, or use of her or his vehicle. Minor defects alone, however, are not sufficient for consumers to take advantage of these laws.
California lemon laws apply to all new vehicles purchased or leased for family or personal use, and for most small business uses. Included are automobiles, trucks, motorcycles, and the chassis portions of RV's and motor homes. Demonstrators are considered as new vehicles. A used vehicle, if it was purchased or leased with a remaining portion of the new car warranty, may also qualify under the lemon laws. But a used vehicle, which at the time it was purchased or leased, did not have any remaining portion of the new car warranty, does not qualify under the lemon laws.
California law only states that a consumer must allow the manufacturer a reasonable number of attempts to repair the vehicle's defects. The lemon law "presumption” which helps to define whether a “reasonable” number of attempts to repair the vehicle's defects have been made, is merely a legal device which is only meaningful if negotiations with the manufacturer fail, and you must resort to suing the manufacturer in court. It then allows the consumer/plaintiff to establish at trial that she or he has met the usual plaintiff's burden of proof that the vehicle is a lemon, and shifts the legal burden to the manufacturer to prove otherwise. That is all that meeting the “presumption,” as further described below, does. You do not have to meet the lemon law “presumption,” however, for the Law Offices of Delsack & Associates to represent you in filing a lemon law claim against the manufacturer!
The California lemon law “presumption” is met if you:
- 1. purchased or leased a new car, truck, motorcycle, or motorhome, and
- 2. it is for personal or small business use, and
- 3. if starting during the new car warranty period, for example within the first 36,000 miles and first
36 months, you brought the vehicle to a dealer for repair of the same or similar problem related
to safety, value, or use:
a. four or more times; or
b. two or more times for a problem that is likely to cause death or serious bodily injury; or
c. it was out of service for a total of more than 30 days during the first 18 months or 18,000 miles, and
- 4. the problem is still not fixed.
Note that the lemon law “presumption” is neither a requirement nor a prerequisite for the Law Offices of Delsack & Associates to file a lemon law claim on your behalf. There are many situations which do not meet the lemon law "presumption,” but which may still entitle you to the lemon law protections.
So long as the defect affects safety, value, or use, initially occurred within the new car warranty period, and cannot be repaired after a reasonable number of repair attempts, the vehicle may be entitled to these legal protections. One of our attorneys will be glad to review your individual situation to see whether it is covered under the California lemon laws.
Note too, that a consumer does not first need to go through arbitration to pursue a California lemon law claim. In fact, going through the manufacturer’s arbitration process may be endanger your case because an arbitrator’s decision against you may later be used as evidence in any subsequent court action you may bring against the manufacturer.
The above paragraphs only describe guidelines. But, so long as your vehicle has substantial manufacturing defects which relate to safety, value, or use, and so long as they initially occurred within the new car warranty period (typically 36 months or 36,000 miles, whichever occurs first) your vehicle may qualify as a meritorious lemon law claim.
If you have had repeated substantial problems, and if your vehicle is still not repaired, you should call 1-888-EX-LEMON have a free consultation with one of our experts to learn whether your vehicle qualifies or, if not, whether there are other legal alternatives.
If you are in California call our Lemon Law Offices:
Anywhere in California (free call): 1.888.ExLemon (395.3666)
- California Lemon Law in Los Angeles: 310-475-1700
- California Lemon Law in San Francisco: 415-285-5366
- California Lemon Law in San Diego: 619-229-6900
- California Lemon Law in Orange County: 949-856-4333
- California Lemon Law in Palm Springs: 760-395-1000
- California Lemon Law in San Fernando Valley: 818-837-0500
