California Lemon Law Questions & Answers

Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

2 Answers | Asked in Lemon Law for California on
Answered on Feb 14, 2019
Barak J Berlin's answer
It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an attorney.

While this is not a guarantee, if you have gone in six times for the same issues and it is still not fixed, you probably have a good case. You should also remember that in a lemon law...

Q: What is the formula use for milage usage

1 Answer | Asked in Lemon Law for California on
Answered on Feb 12, 2019
Scott Richard Kaufman's answer
That is not part of the "amounts paid or payable" for the car, but, it is a penalty that the manufacturer feels it is not on the hook for since it was not late, you were. The issue has never been litigated to a published judicial opinion in CA so it is unclear if manufacturers are correct.

Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /

1 Answer | Asked in Lemon Law for California on
Answered on Feb 12, 2019
Barak J Berlin's answer
You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our website for more information: CaLemons.com

Q: What is a reasonable percentage to give the lawyer?

2 Answers | Asked in Consumer Law and Lemon Law for California on
Answered on Feb 2, 2019
William John Light's answer
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.

Q: CA lemon law statute of limitation

1 Answer | Asked in Lemon Law for California on
Answered on Jan 21, 2019
Scott Richard Kaufman's answer
You are probably correct, at least in CA. Looks like you are in NY? That said, the cases that manufacturers defend up to and through trial are the ones where the vehicle is arguably "fixed." So that, such a set of facts could seriously harm your case and frankly, cost you a lot of money if you lose the case...

Q: When does lemon law apply in California? Is a used car covered?

1 Answer | Asked in Lemon Law for California on
Answered on Jan 14, 2019
Scott Richard Kaufman's answer
Lemon Law is Warranty Law. So, cars that come with a warranty may be covered IF that warranty is breached. This is not the same as a "service contract" that you buy from a dealer or elsewhere, which folks often call an "extended warranty." Your rights are almost non existant in a service contract situation. It makes little difference if the car is new or used for the purpose of being covered by the lemon law, only that it came with a warranty. The more times in and the more days in the shop,...

Q: Purchasing new vehicle from a dealer that I suspect has been damaged and repaired, I asked, are they required to answer?

1 Answer | Asked in Lemon Law for California on
Answered on Oct 9, 2018
Barak J Berlin's answer
They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.

Q: Can a dealer sell me a new fifth wheel without disclosing to me it was a prototype at the factory? I can't resell it now

1 Answer | Asked in Consumer Law and Lemon Law for California on
Answered on Sep 24, 2018
William John Light's answer
It's unclear why you can't sell it. However, you should consult with WA consumer rights attorneys. You can also file a complaint with the WA DMV. https://www.dol.wa.gov/business/vehiclevesseldealer/dlrcomplaint.html

Q: Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.

1 Answer | Asked in Consumer Law and Lemon Law for California on
Answered on Mar 19, 2018
William John Light's answer
Take the offer. You have no injuries and no basis to sue.

Q: My car was wrecked by the dealership after 1 week of purchase, is there anything I can do for them to refund me?

1 Answer | Asked in Car Accidents, Products Liability and Lemon Law for California on
Answered on Feb 26, 2018
William John Light's answer
Contact a lemon law attorney, but I don't believe that being in an accident makes a car a "lemon". That usually refers to a defect that can't be repaired after more than one attempt.

Q: Will bankruptcy affect my lemon law case if I include the vehicle the case is for in the bankruptcy?

3 Answers | Asked in Bankruptcy and Lemon Law for California on
Answered on Nov 29, 2017
Harlene Miller's answer
If you filed a chapter 7, your lemon law case is an asset that must be listed in Schedule B. The vehicle itself is also an asset and must be listed in that schedule as well. Hopefully, you have a bankruptcy attorney that is assisting you with your case who can advise you regarding the related issues. If you do not have an attorney, I urge you to seek legal advice from an experienced bankruptcy attorney in your area immediately. If you have not filed the case yet, meet with a bankruptcy...

Q: Do product defects that require recalls on cars fall under the scope of lemon law if the car is rendered undrivable?

1 Answer | Asked in Lemon Law for California on
Answered on Aug 9, 2017
Robert Philip Cogan's answer
To fall under the scope of the lemon law, a car must be a lemon. The general idea is that a car is a lemon if it cannot be fixed with a reasonable degree of effort. The actual definition of a lemon in the lemon law is complicated. If the car can be repaired in one servicing, it may well not be a lemon.

See the disclaimer at the bottom of this page.

Q: Is legal for me to record an in person conversation where a dealerships personal admits performing an illegal repair?

1 Answer | Asked in Consumer Law and Lemon Law for California on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
No, under CA law. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...

Q: I got a used car financed and got into a car accident two days after had no insurance? What can I do?

1 Answer | Asked in Contracts, Lemon Law, Car Accidents and Traffic Tickets for California on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
If you have no car insurance, you may have to personally pay for the damages. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...

Q: How many times do I have to get a car fixed before it's considered a lemon?

1 Answer | Asked in Lemon Law for California on
Answered on Jun 25, 2017
Ali Shahrestani, Esq.'s answer
Is it a new car? Is there a warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: Problems with my car came up about a month after sale - how long do I have to complain?

1 Answer | Asked in Lemon Law for California on
Answered on May 16, 2017
Ali Shahrestani, Esq.'s answer
Is it a new or used car, with or without warranty? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....

Q: If a lady sold me a motorcycle for $6,000 in California but wants $10,000 after she wrote 6 on the title, Can she sue me

2 Answers | Asked in Contracts, Collections and Lemon Law for California on
Answered on Apr 27, 2017
Ali Shahrestani, Esq.'s answer
It depends on the contract you made. Was she trying to defraud DMV and the IRS by stating a lower amount on the title, with or without your consent? Did you agree to pay her $10,000? Text messages can be subpoenaed from the service provider.

See: http://www.aeesq.com/business-law/business-law-introduction/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...

Q: Bought a car with a bill of sale & it was impounded the following day so owner had to get it & doesnt want to take the

1 Answer | Asked in Lemon Law, Consumer Law and Contracts for California on
Answered on Apr 4, 2017
Manuel Alzamora Juarez's answer
No. You will get yourself into trouble.

What is happening here is that the previous owner is still the title owner. You are the title holder. However, until you register the car in your name and buy insurance for the car, the previous owner is responsible for any damages you may cause to another or to the property of others. Call an insurance person and get a policy and resister your car with the DMV and then with that documentation, you can call the previous owner, thank him for...

Q: How do I get compensated if I lease my car, but it's a lemon?

1 Answer | Asked in Lemon Law for California on
Answered on Mar 10, 2017
Louis George Fazzi's answer
There are many lawyers in Southern California who are experienced in Lemon Law issues.

If I had more information, I could provide a more specific response. For example, did you lease a new car? From a dealership? If so, you can go to the dealership and request to speak with the manufacturer's rep. All the big car companies have lemon car programs which you should be able to take advantage of.

First you need to make sure your car qualifies as a lemon as defined in the law. You...

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