FAQ

What is the lemon law?

The California Lemon Law is a consumer protection statute that provides relief to buyers of defective new, leased, or Certified Pre-Owned (CPO) vehicles. If a vehicle experiences warranty defects that a manufacturer's authorized dealership cannot repair after a reasonable number of attempts (typically two or more), the manufacturer is legally required to replace the vehicle or refund the purchase price.

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How do I know if my car is a lemon?

If you have taken the vehicle in to the dealership for repairs at least twice or the vehicle has been out of service for more than 30 days, you may have a lemon on your hands.

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Does the lemon law apply to Certified Pre-Owned "CPO" or leased vehicles?

Yes, the California Lemon Law fully applies to both leased vehicles and Certified Pre-Owned (CPO) vehicles. To qualify, the defect must have occurred while the vehicle was actively covered under the manufacturer’s original factory warranty or the manufacturer's official CPO warranty.

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Do I need to have brought my vehicle to the dealership before I file a claim?

Yes, generally you must have brought the vehicle to an authorized dealership at least twice for the same concerns or the vehicle must have been at the dealership for repairs for more than 30 days. 

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Can I qualify even if I'm outside of the California Presumption Period? 

Yes, the lemon law may still apply to your vehicle if it has undergone multiple repairs for the same issue during your warranty period. We can help you determine if your vehicle qualifies during our free consultation session. 

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How long does the process take?

Each case is unique, which is why we take the time to do a thorough case evaluation. Some of the factors that play a role in the length of the process include your vehicle's repair history, the manufacturer, your claim, compensation that you are seeking, and more. Rest assured that we know how frustrating it can be to have a lemon. We will do our best to complete the process as quickly as possible. 

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Do I need to hire a Lemon Law attorney who is located in my specific city in California?

No, you do not need to hire an attorney located in your specific city. As long as your vehicle was purchased or leased in the state of California, and the attorney is licensed to practice law in California, they can represent you. Lemon Law cases are typically handled remotely via phone, email, and fax, meaning a law firm based in Los Angeles can successfully represent a consumer living anywhere in the state, from San Diego to Northern California.

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How much will I have to pay my attorney?

Under California Civil Code Section 1794(d), consumers do not pay out-of-pocket attorney fees for a Lemon Law claim. If the claim is successful, the auto manufacturer is legally mandated to pay all the consumer's reasonable attorney fees, hourly rates, and court costs as part of the final settlement.

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What can compensation look like?

If your car qualifies as a lemon, you may receive a cash settlement, a replacement vehicle, or a lemon law buyback. In some instances you may also receive civil penalties or additional compensation. 

 

How long does a manufacturer have to fix a car before it becomes a lemon in California?​

Under the California Lemon Law, a vehicle may be presumed a lemon if it has been out of service for repairs for a cumulative total of more than 30 calendar days. These 30 days do not need to be consecutive. The out-of-service timeframe begins the day the vehicle is dropped off at the authorized dealership and ends the day the consumer is notified the vehicle is ready for pickup.

 

What is the Lemon Law Presumption Period in California?

The California Lemon Law Presumption period (codified in Civil Code Section 1793.22) is the first 18 months following the delivery of the vehicle or the first 18,000 miles driven, whichever comes first. If a vehicle requires an unreasonable number of repair attempts (typically four overall, or two for safety defects) or is out of service for 30 days within this window, the law legally presumes the vehicle is a lemon, shifting the burden of proof onto the manufacturer.

 

How is the mileage offset fee calculated in a California lemon law buyback?

In a California Lemon Law buyback, the manufacturer is legally allowed to deduct a "mileage offset" fee based on the miles driven before the first repair attempt. The state mandates a specific statutory formula: The mileage on the odometer at the time of the first repair attempt is divided by 120,000 (the state's benchmark for a vehicle's life expectancy), and that percentage is multiplied by the actual purchase price of the vehicle. For example, if a $40,000 vehicle was brought in for its first defect repair at 3,000 miles, the offset deduction would be $1,000. ​​

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These FAQs were written and verified by Raymond Velarde, Lead Attorney at Lemon Law Man APC. With over 10 years of experience, including prior defense work for auto manufacturers, Raymond has represented hundreds of California consumers.

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