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FAQ's
(frequently asked questions)
1.)
Am I required to go through Arbitration before pursuing a Lemon
Law claim?
No. The California Lemon Law does not
require the consumer to participate in arbitration that may be
offered by the vehicle manufacturer in order to pursue a Lemon
Law claim.
2.)
Am I required to notify the vehicle manufacturer and give them a
opportunity to repair a problem before pursuing a Lemon Law
claim?
No. So long as the manufacturer’s
authorized warranty repair facility has had a reasonable number
of opportunities to repair a warranty problem, the manufacturer
need not be given notice or a opportunity to repair the problem.
3.)
Does the Lemon Law apply to vehicles that are older than one or
two years?
Yes. As long as the vehicle is having
warranty problems, the Lemon Law potentially can apply no matter
hold old the vehicle is. The Lemon Law may also apply to a
vehicle even if the original new vehicle warranty has expired so
long as the vehicle is still having problems complained about on
repair orders during the original warranty period.
4.)
Does the Lemon Law apply to vehicle that have in excess of
18,000 miles, or 18 months?
Yes. As long as the vehicle is having
warranty problems, the Lemon Law may apply no matter what the
odometer reading is on the vehicle.
5.)
Is a vehicle registered to a business on lease or purchase
covered by the Lemon Law?
Please click on our web site link
“Senate Bill 1718 Passed” for more information on business
use/owned/leased vehicles.
6.)
Is there a specific number of repair attempts that must be
completed in order to have a valid Lemon Law claim?
No. There must be a reasonable number
of repair attempts. The definition of what constitutes a
reasonable number of repair attempts will vary given the
vehicles particular problem(s). In general, if a problem has
been subject to at least four separate repair attempts at the
manufacturers authorized repair facility, or has spent more than
30 days cumulative in the shop, this is sufficient to establish
a reasonable number.
7.)
Are there situations where only 2 repair attempts are considered
reasonable?
Please click on our web site link
“Senate Bill 1718 passed” for more information.
8.)
Does the Lemon Law apply only to passenger cars?
No. The Lemon Law applies not
only to passenger cars, but also to trucks, SUV’s, vans,
motorcycles, and all consumer goods that are covered by a
manufacturers warranty and are used primarily for personal,
family or household use.
9.)
Does the Lemon Law apply to vehicles that are purchased used?
Yes. The Lemon Law can apply to a used
vehicle. The vehicle must be covered by a warranty.
10.)
Does the Lemon Law apply to minor defects, or only significant
defects?
The Song-Beverly Act applies to
defects which constitute a substantial impairment to the use,
value or safety of the vehicle to the owner or lessee.
Therefore, inconveniences (static or poor reception in the
radio, for example) normally do not make a Lemon Law claim.
Serious problems with brakes, transmission, engine function,
SRS/airbag, inoperable air conditioning, persistent water
leaking, engine oil or transmission oil leaks, overheating,
“CHECK ENGINE”, to cite a few, are examples of Lemon Law
impairment to use, value, or safety of the vehicle. There are
other federal laws that further expand on what is considered to
be a “defect” that constitutes replacement of purchase price
or a refund of monies spent.
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