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SOUTHERN CALIFORNIA LEMON LAW ATTORNEYS

We've listed some of our most Frequently Asked Questions (FAQs) to get you started in understanding the California Lemon Law.

• What Products Does the Lemon Law Cover?
• Does the Lemon Law Cover Products Other Than Vehicles?
• Does the Lemon Law Cover Used Products?
• Does the Lemon Law Cover Leases?
• What Defects Does the Lemon Law Cover?
• How Many Times Can the Warrantor Try to Fix My Vehicle?
• If I Have a Lemon, What Am I Entitled to Get?
• Will I Have to Go to Trial?
• If I have to go to trial, how successful will we be?

Come back often.  We will be expanding this list on a regular basis.

What Products Does the Lemon Law Cover?

Lemons laws generally apply only to consumer products, which are products owned by individuals and used primarily for:

·        Personal use
·        Family use, or
·        Household use

This does not mean, however, that the lemon law does not apply to your product if there has been any business or commercial use at all.  So long as there has been more personal use than business use, the lemon law will usually apply.

The federal lemon law is slightly different: it applies to all products that are normally used for personal, family, or household purposes, regardless of how you actually used your particular product.  For example, if you use your pickup truck primarily in your gardening business, the federal lemon law should still apply, because pickup trucks are normally considered consumer products.

California has expanded the protection of its lemon law even further.  Under some circumstances, the lemon law will cover even vehicles used exclusively for business purposes.  Individuals or small businesses that buy a defective vehicle for business use can still qualify for relief.

Does the Lemon Law Cover Products Other Than Vehicles?

Both the California lemon law and the federal lemon law apply to all consumer products, including motor homes and RVs, boats and other watercraft, motorcycles, and even household appliances and personal computers.  The controlling factor is not what kind of product it is, but whether it came with a written warranty.

Does the Lemon Law Cover Used Products?

California’s lemon law covers any product, new or used, that comes with a written warranty.  Certain provisions apply differently to new products, but in general your rights are the same.  The federal lemon law makes no distinction between new and used products:  it applies to any product as long as the original warranty is still in effect.

California’s lemon law also considers a “used” vehicle to be a “new” vehicle if it came with the original warranty still in effect.  For example, if you purchase a used vehicle that is two years old and has 25,000 miles on it, but it comes with the original manufacturer’s three-year/36,000-mile warranty, California’s lemon law covers it as a “new” vehicle.

Does the Lemon Law Cover Leases?

Generally, your rights under the California lemon law are the same whether you have purchased or leased your consumer product.

What Defects Does the Lemon Law Cover?

Not every un-repaired defect will automatically justify returning a product for a full refund.  The defect or defects must substantially impair the product’s:

·        Use
·        Value, or
·        Safety

in the eyes of a reasonable person in your circumstances.  This can mean different things to different people, of course.  For example, a car with faulty air conditioning might not bother someone who lives in balmy Santa Barbara nearly as much as it would bother someone who lives in the Santa Clarita Valley, where summer temperatures routinely top 100º.

How Many Times Can the Warrantor Try to Fix My Vehicle?

The warrantor is entitled to a reasonable opportunity to repair a vehicle or other product before it is obligated to offer a replacement or refund.  This varies from case to case, and can depend on a number of factors, including:

·        The number of repair visits
·        The total number of days
·        Repeated visits for the same problem, or
·        Whether the defect impacts safety.

If a product has been in for repairs four or more times for the same defect, or has been out of service for repairs for more than 30 days altogether, it generally means that the warrantor has had a sufficient opportunity to fix it.  However, this is not a firm requirement, and each case depends on its own unique facts.  A product can be a “lemon” with fewer repairs.  On the other hand, it is theoretically conceivable that a warrantor might be entitled to further repair attempts even if it already had four attempts or 30 days to fix its defective product.

For purposes of the lemon law, every repair visit counts towards the “reasonable opportunity to repair,” regardless of whether the dealer actually tries to fix the product.

If I Have a Lemon, What Am I Entitled to Get?

If a warrantor cannot repair a substantially defective product after a reasonable number of attempts, it should either:

·        Replace the product, or
·        Refund your money

A replacement should be a new product as close as possible to the original product – even if this means that you will get a newer model than the original.  If an upgrade is necessary, the warrantor may not charge you for it.  The warrantor also may not charge you additional sales tax because the replacement product costs more than the original.

A refund should include the full purchase price of the product.  If you financed the product, the warrantor should also refund any interest or finance charges you paid, and pay off your remaining loan balance.  Where applicable, the refund should also include additional charges such as sales tax and DMV registration.

In either case, you should also be entitled to all actual expenses resulting from the defect(s), such as repairs, towing, rental cars, and so on.

The warrantor may be entitled to an offset for your use of the product.  The offset is generally limited to your use of the product before you first discovered that it was defective.  In other words, if the warrantor spends another year trying unsuccessfully to fix your product, you should not be required to pay for your continued use of it during that time.

Will I Have to Go to Trial?

No one can predict with certainty the outcome of any particular case.  However, we resolve the vast majority of our cases without a trial.  Sometimes we are able to resolve a dispute even before we have to file a formal lawsuit.

In California, warrantors have additional incentive not to force you to go to trial.  The California lemon law has a special provision that penalizes warrantors who, knowing that the law obligates them to replace a defective product or refund your money, intentionally decide not to do so.  In such a case, if you have to go through a trial, the jury can award you a “civil penalty” to punish the warrantor for its refusal to comply with the law.

The civil penalty can be any amount up to twice your actual damages.  So, for example, if your actual damages are $30,000, the jury could potentially award up to $60,000 more, for a total of $90,000.  This provision discourages warrantors from forcing consumers to take them to court, and encourages them to act reasonably and resolve cases promptly, without a trial.

Each case is different.  To find out whether you qualify for relief under the lemon law,
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