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California Lemon Law Questions & Answers
2 Answers | Asked in Lemon Law for California on
Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?

The vehicle has been to the dealer 6 times for various electrical issues including front passenger seat after the 6 time still is not fixed. Should I get an attorney or deal with the manufacturer directly? Im afraid I could lose and be responsible for the attorneys fees even though an attorney... View More

Barak J Berlin
Barak J Berlin
answered on Feb 14, 2019

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... View More

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1 Answer | Asked in Lemon Law for California on
Q: What is the formula use for milage usage

Are late fee from the leander not included in buy backs

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 12, 2019

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.

1 Answer | Asked in Lemon Law for California on
Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /

Are late fee not counted on buy backs

Barak J Berlin
Barak J Berlin
answered on Feb 12, 2019

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... View More

2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: What is a reasonable percentage to give the lawyer?

We have a lawyer that will take on our lemon law case for our car. The contract states a percentage they will take in the event of a civil case and civil penalties, and states this percentage is negotiable. What is a reasonable percentage to give the lawyer?

William John Light
William John Light
answered on Feb 2, 2019

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.

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1 Answer | Asked in Lemon Law for California on
Q: CA lemon law statute of limitation

Based on my read, it appears that if I qualified for lemon law, even if the car is subsequently fixed, I can drive it for a few more years, then ask for replacement or repurchase (subject to use offset). Is that correct? So even if my car has been fixed by the time I seek relief under lemon law,... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 21, 2019

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... View More

1 Answer | Asked in Products Liability, Lemon Law and Small Claims for California on
Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.

There is a special service bulletin (15682) that covers this repair for free if the car is less than 10 years old. I bought the car a year ago, and only learned of this bulletin after my car was no longer covered. GM also has another service bulletin out for other model cars (12191) that covers... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 14, 2019

Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.

Failing this, take ALL of your evidence to small claims court and sue GM for the cost

of the repair.

1 Answer | Asked in Lemon Law for California on
Q: When does lemon law apply in California? Is a used car covered?
Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 14, 2019

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... View More

1 Answer | Asked in Lemon Law for California on
Q: Purchasing new vehicle from a dealer that I suspect has been damaged and repaired, I asked, are they required to answer?

Tesla Dealership, I have asked if it had been previously owned or repaired, they are not answering, are they required to?

Barak J Berlin
Barak J Berlin
answered on Oct 9, 2018

They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.

1 Answer | Asked in Consumer Law and Lemon Law for California on
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
William John Light
William John Light
answered on Sep 24, 2018

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

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.

Bought a Subaru new. I made an inquiry via text the next day that I am concerned about its airbag safety after seeing an airbag warning light and an email from Subaru to get it inspected. I got text back saying it was safe to drive. I kept driving it but after 4 weeks, I decided to take the vehicle... View More

William John Light
William John Light
answered on Mar 19, 2018

Take the offer. You have no injuries and no basis to sue.

1 Answer | Asked in Car Accidents, Products Liability and Lemon Law for California on
Q: My car was wrecked by the dealership after 1 week of purchase, is there anything I can do for them to refund me?

Purchased a car (2015, clean carfax) 5 days later it wouldn't start, had it towed back. The next day after I got it back, it was making a noise, took it back. Was told parts were put on wrong. On my way to pick it up, they called and said it was in an accident not to worry about it they will... View More

William John Light
William John Light
answered on Feb 26, 2018

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.

1 Answer | Asked in Civil Rights, Consumer Law, Lemon Law and Small Claims for California on
Q: hello i need a lawyer to sue bmw for violating the automatic stay by disabling my car an repo man break the fuse box
William John Light
William John Light
answered on Dec 25, 2017

Talk to your bankruptcy attorney or the bankruptcy trustee.

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... View More

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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 P. Cogan
Robert P. 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... View 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,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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/... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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:...
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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
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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...
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