Frequently Asked Questions
About The Lemon Law
Don't Let Manufacturers Take Advantage of You
Know Your Rights
Here are some common questions and answers that come up in the lemon law. Of course, everyone’s situation is different so if you have any additional questions schedule your free consultation to speak with an experienced Southern California lemon law attorney.
The California lemon law, also known as The Song Beverly Consumer Warranty Act, is the law the protects consumers when they purchase a vehicle or product that the manufacturer is unable to repair under warranty.
There are three main ways to qualify for the lemon law:
- Implied warranty- this means your car or RV wasn’t up to normal standards within the first year after purchase.
- Express warranty- you take your car or RV in multiple times for the same issue and the dealer can’t fix it.
- 30 day rule- the dealership has your car or RV for over 30 days for the same repair.
One thing to keep in mind- just because you technically qualify doesn’t mean you automatically have a good case. Factors such as the number of days at the dealership for repairs, number of repair visits, and how significant the issue is plays a huge part in how strong your case is.
Generally, if you have a lemon you are entitled to either a repurchase (also called a buyback) or a replacement. Depending on whether you have a car or RV, the rules change on what you can demand prior to a lawsuit. For example, if you own an RV and ask the manufacturer to buy your RV back (before a lawsuit is filed), the manufacturer can provide you a replacement RV instead and still be complying with the lemon law.
Sometimes. As long as you have repair visits under the manufacturer’s warranty, you may be able to build a lemon law case.
If you leased your car, you can qualify for the lemon law. As long as you have repairs under the manufacturer’s warranty, you may be able to build a case.
Yes they do. The RV industry is booming which has led to high demand. Unfortunately, to catch up with the demand, more and more lemons are slipping through the quality control cracks so RV lemons are more common than ever!
RVs qualify under a different section of the lemon law, so if you think you may have an RV lemon, make sure you talk to an attorney that has experience handling RV lemon law cases to make sure you get every penny you’re entitled to!
Luckily the Song Beverly Consumer Warranty Act (aka the lemon law) is consumer protection based which means the manufacturer pays for your attorney’s fees and costs. You pay nothing out of pocket for attorney’s fees and costs.
Unlike many other lemon law firms, at West Coast Lemons we do not charge our clients a contingency fee. Our goal is to make you whole again, not take your money.
A repurchase, also known as a buyback, consists of a return of your down payment, payments, out of pocket repair costs, towing, rental costs, and loan payoff, less the mileage offset, and less any aftermarket additions.
Unfortunately the lemon law doesn’t provide for lost wages or pain and suffering for your troubles related to the lemon. However, the lemon law does provide for a civil penalty if there is a willful violation of the lemon law.
A civil penalty is awarded for a willful violation of the lemon law. Manufacturers hate paying civil penalties, so your best bet is to have an experienced lemon law attorney fighting for you to get you every penny you deserve!
