TRUE OR FALSE?
The lemon law applies to all new and used vehicles.
FALSE - The lemon law applies to all new and some used vehicles. A used vehicle must be Certified Pre-Owned (CPO) or a Dealership Demonstrators (DD), purchased at a new vehicle dealership. If a used vehicle is not a CPO or DD, the lemon law will not apply.
Lemon Law Eligibility
As long as the vehicle is registered in California, the lemon law applies.
FALSE - For the California lemon law to apply, the vehicle must be purchased in California. (There is a military exception to this.) If a vehicle is purchased outside of CA, but delivered in CA with CA taxes being paid, the CA lemon law may apply.
Purchasing and Delivering a Vehicle
I bought my vehicle in Nevada, but had it delivered in CA, and paid CA taxes on the vehicle. My vehicle applies.
TRUE - For the California lemon law to apply, the vehicle must be purchased in California. (There is a military exception to this.) If a vehicle is purchased outside of CA, but delivered in CA with CA taxes being paid, the CA lemon law may apply.
Repair Attempts and Lemon Law
All you need is three repairs to bring a lemon law case.
TRUE AND FALSE - As a guideline, we look whether the vehicle has had four repair attempts for the same problem. If the problem is a major safety issue, we can sometimes get by with just two or three repairs, and in some cases just one repair will suffice. Or, if the vehicle has been out of service for 30 days (non-consecutive is fine), that is acceptable as well. But these are just guidelines, and every case is different. We review all repair orders to see if the vehicle is within, or close to, the guidelines above.
Dealership Obligations
The dealership owes me a loaner while my vehicle was being work on.
FALSE - A dealership has no obligation to provide a customer with a courtesy vehicle, unless there is a contractual obligation to provide it. However, if the dealership does provide a loaner, the customer may be able to claim reimbursement for rental car expenses.
Compensation and Reimbursement
I can claim reimbursement for rental car expenses while my vehicle is being repaired.
This statement is not present in the original text. However, it is a common question related to dealership obligations and lemon law.
Lemon Law and Arbitration
I must go through the arbitration process prior to filing a lemon law claim.
FALSE – While most manufacturers have a third-party dispute resolution company at a consumer’s disposal, (such as the BBB) the consumer does not need to go forward with this process prior to filing a lemon law claim. In fact, moving forward with this process can negatively affect a lemon law case.
Lemon Law vs Trading In
The lemon law is usually a better option than just trading in my problem vehicle.
TRUE – While this is not always the case, it is generally true that bringing a lemon law claim is a better option than just trading in or selling a problematic vehicle. Prior to accepting any case, we provide our prospective clients with a projected accounting in order to help determine whether bringing a lemon law claim is the best option for the consumer.
Selling or Trading In a Vehicle During a Lemon Law Case
While my lemon law case is pending, I can sell or trade in my vehicle.
TRUE – While this sounds counterintuitive, it is indeed a true statement. However, there are several conditions to this, and proper notice must be given to the manufacturer.
