California Lemon Law California Lemon Law Statute Frequently Asked Questions What To Do If You Buy A Lemon California Lemon Law Attorneys Federal & State Lemon Laws

Contact UsComplete this form and we
will contact you shortly.

Law Offices of
Howard D. Silver

513 Water Oak Lane, No. A,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

Visit the California lemon law web sites
of attorney Howard D. Silver
California Motorhome Lemon Law
California Lemon Law
CA Auto Lemon Law

California Lemon Law FAQ

Q: How do I know if I have a lemon?

A: California law says you have a lemon if your vehicle can't be fixed after a reasonable number of attempts. What is considered a reasonable number of attempts can vary with each individual case. But the courts assume you have a lemon if your vehicle, within its first 18 months or 18,000 miles, has been in the shop for more than 30 days combined; has had the same problem repaired four or more times; or, in the case of a serious safety defect, has had the same problem repaired two or more times. If one of these is the case, it's up to the manufacturer to prove your vehicle is not a lemon.

Q: Does my vehicle still qualify if I bought it used? Or if I leased it? Or use it for business?

A: In all of those cases, you may still be able to bring a lemon law claim. Leased vehicles and used vehicles in the first few years of their lives are still covered by the manufacturer's warranty, so they're still covered by the lemon law. A business vehicle qualifies as long as it's under 10,000 pounds and belongs to a business that owns five or fewer cars.

Q: If I'm not covered by the lemon law, can I still recover my costs?

A: Yes! A vehicle or other consumer product purchased in California is covered by strong California consumer protection laws that forbid fraud, lies and unfair business practices. If you bought a used car with no warranty, but believe you were lied to or otherwise misled, you may have a case. Contact the Law Offices of Howard D. Silver to learn more at a free consultation.

Q: What is the benefit of filing a California lemon law claim?

A: If you prove you have a lemon, you are legally entitled to a full refund or a replacement vehicle that's substantially similar to the lemon. This is your choice, not the manufacturer's. The manufacturer must also pay any incidental costs, such as vehicle registration fees for the replacement car and rental car bills.

Q: How do I recover money under the lemon law?

A: If your vehicle's manufacturer does not promptly offer you a replacement or refund for a known lemon, you should contact an expert lemon law attorney like Howard D. Silver. Your lawyer will file a lawsuit seeking the money or replacement that you're legally entitled to. The manufacturer may settle with you outside of court, or your case may go to trial. Attorney Howard D. Silver can tell you more about the process in your own lemon law case.

Q: How long do I have to file a lemon law claim in California?

A: Many people think the 18 months/18,000 miles requirement is the statute of limitations, but it's not. That time period is simply the time during which a court may assume you have a lemon. You have four years from the time you knew or should have know you had a lemon to file a lemon law lawsuit.

Q: What if my vehicle isn't safe to drive?

A: California lemon law recognizes that some defects are so serious that too many repair attempts might put consumers in danger. That's why the lemon law applies when you've made just two (or more) attempts to fix a defect that's likely to cause death or serious bodily injury. This rule allows you to start a lemon law claim quickly, so you can get rid of your lemon and get back on the road safely.

Q: Do I have to use the manufacturer's dispute resolution program, or arbitration?

A: You will never be forced to use alternative dispute resolution. In fact, attorney Howard D. Silver recommends that you skip any manufacturers' in-house dispute resolution program. The law allows you to skip third-party arbitration programs with only a small negative effect on your lemon law case. Call the Law Offices of Howard D. Silver for an expert opinion on whether third-party arbitration is right in your case.

Q: The manufacturer's authorized repair facility is claiming there's nothing wrong, that the repair was made, or this is just normal wear, but I don't agree. What can I do?

A: These are some of the most common defenses manufacturers use against a lemon law claim. Under the law, if a manufacturer does not complete the work, or the repair shop does not duplicate the problem, your repair attempt still counts toward meeting the lemon test.

Q: Do I need an attorney to use the lemon law?

A: You are legally entitled to represent yourself, but there are many advantages to having a lawyer in a lemon law claim. An expert lemon law lawyer will be familiar with the laws and procedures that apply in your case. Your lawyer will be a professional negotiator who knows the tricks that manufacturers use to avoid paying, and how to recover more costs than you may be able to recover on your own. Perhaps just as important, hiring the Law Offices of Howard D. Silver shows the manufacturer that you mean business.

Click here to request a free, half hour consultation with the Law Offices of Howard D. Silver and start turning your Lemon to Silver today! Remember it’s FREE!