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  • Is my car a lemon?

    Before making their decision to pursue the California Lemon Law through an attorney, many consumers will try to research the law themselves, to see if they even possibly qualify for the remedies afforded by the Song-Beverly Act. Upon reading the express language of the Song-Beverly and Tanner Consumer Protection Act (California’s Lemon Law), the phrases, “4 times within a year or 18,000 miles” will always initially jump out as the perceived requirements to qualify. Consequently, many people who have not had the same problem four times within a year or 18,000 miles may become dissuaded to pursue a claim under the Lemon Law even though they may certainly qualify. Don’t let this language fool you.

    The California Lemon Law provides that a consumer may be entitled to a refund or replacement of their vehicle if the manufacturer, through its authorized dealers, are unable or unwilling to repair the vehicle within a reasonable number of attempts. The Lemon Law presumes that a reasonable number of attempts have occurred if the subject vehicle has been subject to repair 4 times for the same non-conformity within a year or 18,000 miles, whichever occurs first. But remember; this is only a presumption. A consumer may certainly qualify for lemon law remedies if they do not meet this presumption. In fact, many of our former and current clients have vehicles that qualify for the refund/replacement remedy that do not meet the presumption. Moreover, several consumers have vehicles that qualify for the repurchase/replacement remedy even when their problems occurred after a year or 18,000 miles.

  • Are only new cars protected by the California lemon law?

    Another misconception that many consumers have regarding the California Lemon Law is that theory that only a vehicle purchased new qualifies. Many people who purchase used vehicles and have significant problems with those vehicles, do not pursue their legal remedies. However, what many people do not know is that the Lemon Law defines a new vehicle as a vehicle that was purchased within the terms of the manufacturer’s bumper to bumper warranty. For example: If you purchased a Chevrolet Silverado with 27,000 miles on it, it could still qualifies as a new vehicle for the purposes of the lemon law as the bumper to bumper warranty expires at 36,000 miles. As long as you purchased a vehicle and had multiple concerns, at least one of which occurred before the expiration of the bumper to bumper warranty, you could certainly qualify for the refund/replacement remedy.

  • What counts as a repair attempt?

    A final misconception that many consumers have about the lemon law is what constitutes a repair attempt. Again, since the Lemon Law does not kick in until a vehicle was not been repaired within a reasonable number of attempts, many consumers are mislead to believe that they do not qualify because of the lack of repair attempts to their vehicle. For example, a consumer may bring his or her vehicle to an authorized dealer 4 times for a steering concern, but only 1 time, an actual repair was made due to the fact that the dealer could not duplicate the consumer’s concern the other 3 times he or she brought the vehicle in. Again, the California Lemon Law protects the consumer in this regard by defining a repair attempt as any time a consumer presents a vehicle for repair, no matter what was done to the vehicle or not. Consequently, if a consumer brings a vehicle in for repair 4 times for the same problem, it counts a 4 repair attempts no matter what was actually done to the vehicle.

  • Should I contact a lemon law lawyer?

    Don't let the express language of the California Lemon law dissuade you from pursuing your legal rights. If you think you have a lemon, consult and attorney to find out for certain. A phone call or email could make the difference in enforcing your refund/replacement rights..

  • When does a vehicle qualify under the California Lemon Law?

    The California Lemon Law applies to all new, used or “demo” vehicles that have been taken to an authorized dealership for repair four or more times for the same concern or two or more times for the same concern that is likely to cause death or serious bodily harm or the vehicle has been at the dealership for repair for 30 or more calendar days. These repairs or days out of service must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first.

  • How many times do I need to take my car back to the dealer before I have a California Lemon Law claim?

    You must present the vehicle for repair to an authorized repair facility:

    • Four or more times for the same issue;
    • Two or more times for the same issue if the issue is likely to cause death or serious bodily injury if the vehicle is driven; OR
    • The vehicle has to be at the dealership for repair for a cumulative total of 30 or more calendar days.

    For more detail on this subject, speak with an attorney about your car's issues.

  • Does the California Lemon Law apply to used vehicles or leased vehicles?

    The California Lemon Law applies to used vehicles that are sold with a manufacturer’s new vehicle warranty and to leased vehicles.

  • Does the California Lemon Law apply to anything other than vehicles?

    The California Lemon Law applies to all new, used or “demo” vehicles, including motorcycles that are driven on public roadways, boats and motor homes, consumer goods, including home appliances, computers, televisions and spas.

  • What fees will I have to pay to hire the Krohn & Moss, Ltd. Consumer Law Center®?

    The manufacturer has to pay the reasonable attorneys' fees and costs incurred by our firm. In the extremely unlikely event we lose, you pay nothing for our fees or costs.

  • What the California Lemon Law Does Not Cover?

    The California Lemon Law does not cover commercial vehicles with a gross vehicle weight over 10,000 pounds where the business has more than five motor vehicles registered in the State of California, any portion of a motor home designed, used or maintained primarily for human habitation or motorcycles that are operated or used exclusively off the highways.

  • How much money should I receive in a California lemon law buyback?

    A buyback under the California Lemon Law includes the return of any down payment or trade-in value, all payments made plus the payoff of any loan on the vehicle.  There is a deduction for usage taken from the mileage at the first repair for the issue that the manufacturer buys the vehicle back.  Further possible deductions include a deduction for any negative equity rolled into the loan, non-manufacturer service contracts and after-market items.

  • What if I bought my automobile outside of California?

    The California Lemon Law applies only to vehicles purchased in the State of California; however, if you purchased your vehicle outside the State of California you may qualify for a case under the federal lemon law, known as the Magnuson-Moss Warranty Act.

  • How long do I have to file a lawsuit under the lemon law?

    You have four years from the date of the breach of warranty to file a lawsuit under the Song-Beverly Act (California Lemon Law).  In other words, you have four years from the date that the manufacturer failed to repair your car, truck, SUV, motorcycle, or other consumer product.

  • How do I contact Krohn & Moss Consumer Law Center?

    You can contact our California office at 800-875-3666 or 323-988-2400 for a free consultation or you may contact us online for a free case review.

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