Lawyers, Answer Questions  & Get Points Log In
California Lemon Law Questions & Answers
3 Answers | Asked in Bankruptcy and Lemon Law for California on
Q: Will bankruptcy affect my lemon law case if I include the vehicle the case is for in the bankruptcy?
Harlene Miller
Harlene Miller answered on Nov 29, 2017

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... Read more »

View More Answers

1 Answer | Asked in Lemon Law for California on
Q: Do product defects that require recalls on cars fall under the scope of lemon law if the car is rendered undrivable?
Robert Philip Cogan
Robert Philip Cogan answered on Aug 9, 2017

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... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: Is legal for me to record an in person conversation where a dealerships personal admits performing an illegal repair?

If they don't know I'm recording

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

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... Read more »

1 Answer | Asked in Contracts, Lemon Law, Car Accidents and Traffic Tickets for California on
Q: I got a used car financed and got into a car accident two days after had no insurance? What can I do?

the sales agent told me I just need to show them an insurance policy & that it didnt matter if it I wasnt under my name because it wasnt going to be used for actual insurance for my vehicle its just for me to take the car & that I had 7 days to get insurance in the car. right before my accident the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

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,... Read more »

1 Answer | Asked in Lemon Law for California on
Q: How many times do I have to get a car fixed before it's considered a lemon?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 25, 2017

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... Read more »

1 Answer | Asked in Lemon Law for California on
Q: Problems with my car came up about a month after sale - how long do I have to complain?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

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/... Read more »

2 Answers | Asked in Contracts, Collections and Lemon Law for California on
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

She gave me the title saying 6,000 and reported it to DMV as that. I than took it to dmv and changed the title into my name. Now she wants payments to make it 10,000 over venmo and take me to court if I do not give her 2,500 by tomorrow. She says that the agreement was over text but she has to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 27, 2017

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:...
Read more »

View More Answers

1 Answer | Asked in Lemon Law, Consumer Law and Contracts for California on
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

money he paid at the impound for me to get the car back or give me the difference of what i paid for it. Can i still go to the DMV register it with the bill of sale and then reported stolen?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 4, 2017

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...
Read more »

1 Answer | Asked in Lemon Law for California on
Q: How do I get compensated if I lease my car, but it's a lemon?
Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2017

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...
Read more »

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law and Lemon Law for California on
Q: Hello. I would like to know if you can file a complaint against the bbb in your state? If so, whom would I contact?

Faulty arbitration results in my loss. Severe weather preventing me from demonstrating my case due to safety concern. Please reply respectfully.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 1, 2017

You can sue such a company in civil court if you have a valid factual and legal basis. You may be able to appeal the arbitration decision as well, depending on the arbitration agreement terms. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

1 Answer | Asked in Lemon Law for California on
Q: Do lemon laws apply if I bought the car used from a friend?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

Typically if you bought a used car from an individual, that car is purchased as-is with no warranties, so lemon laws don't apply. More details are necessary to provide a professional analysis of your issue. The best first step is an...
Read more »

1 Answer | Asked in Lemon Law for California on
Q: Settlement from lemon law buyback is deducting gap and warranty??? in CA is that right?

Back in 2015 i cancelled the GAP and portfolio warranty on my 2013 nissan sentra. This week im working on a buyback settlement with nissan and they are deducting the gap and warranty from my settlement check.Why would i have to pay back if i cancelled a year ago.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 17, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

If you were not paying for the warranty and gap insurance, why should you be reimbursed for it? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
Read more »

1 Answer | Asked in Lemon Law for California on
Q: My car is pretty new but is not running well. Is there a time limit on lemon laws?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 7, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

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/...
Read more »

1 Answer | Asked in Lemon Law for California on
Q: Is an electric dirt bike a vehicle that is covered by California lemon laws?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 6, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

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/...
Read more »

1 Answer | Asked in Lemon Law for California on
Q: Does lemon law cover more than just mechanical failures to a vehicle?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 5, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

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. I practice law in CA, NY, MA, and...
Read more »

1 Answer | Asked in Lemon Law for California on
Q: Do lemon laws apply to vehicles used for business?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

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. I practice law in CA, NY, MA, and...
Read more »

1 Answer | Asked in Land Use & Zoning, Lemon Law and Real Estate Law for California on
Q: Buying house with a structure without permit. What are my options?

I purchased my house for almost 9 years. The patio needed to be maintained and I received the notice from city said that the patio was built without a permit and asked to obtain a permit or demolition the structure. What should I do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

If you bought the house with an illegal structure on it, then you're responsible to make it comply with related construction and licensing codes. You may face statute of limitations problems and related due diligence obstacles if your intent is to sue the original seller of the house for disclosure... Read more »

1 Answer | Asked in Lemon Law for California on
Q: can I get my money back ? Or what can I do

Bought car from the dealer cash in Sacramento that same day we got to galt and we noticed that once you he car was warmed up the car would slip a gear took it to a shop and was told that it was the transmission that needs to be replaced total cost is 4,200 to fix . Is there anything I can do to get... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 17, 2017

It depends on whether you purchased the car with a warranty or as-is. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... Read more »

2 Answers | Asked in Lemon Law for California on
Q: Should I sue midas before I fix the car or should I fix the car and then sue or take to small claims?

I took a 2013 toyota Tacoma to midas, a car I am still paying from a dealer, Oct. 20 2016; however, on Dec 20 2016 the filter piped and all the motor oil spilled. We decided to go to Walmart buy a 5 letter bottle of motor oil and a new filter. Came back to the car put the oil and then new filter... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2017

Doesn't matter. If it get's fixed maybe someone can say if it happened before you drove it. They are being idiots.

View More Answers

1 Answer | Asked in Lemon Law for California on
Q: What factors does my new car have to meet to qualify as a lemon?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 8, 2017

See: http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.