LEMON LAW FREQUENTLY ASKED QUESTIONS
What is the Lemon Law?
The Lemon Law commonly refers to California’s Lemon Law (“The Song-Beverly Warranty Act”) which is a consumer protection statute designed to protect California consumers from defective vehicles. Broadly speaking, the Lemon Law protects consumers who have afforded the manufacturer or their authorized repair facilities a reasonable number of repair opportunities to fix a substantial non-conformity. What constitutes a reasonable number of repair attempts and a substantial non-conformity depends on a variety of factors.
For example, the more severe a problem is (faulty brakes, a vehicle stalling, air bag issues) the fewer number of repair opportunities the manufacturer must be afforded. However, even if your vehicle has not had those types of problems, you still may qualify under the Lemon Law. So long as the problems with your vehicle are “substantial” then you may qualify for relief under the Lemon Law.
I bought my car used. Can my vehicle still be considered a lemon?
Yes, so long as your problems started within the time frame of your manufacturer’s warranty, then your vehicle may be a lemon.
I heard that my vehicle can only be considered a lemon if my problems started within the first 18 months or 18,000 miles of ownership. Is this true?
No. People often believe or are told that unless their vehicle had problems during their first 18 months or 18,000 miles of ownership then their vehicle cannot be a lemon. This is not true.
Am I required to go through arbitration or the Better Business Bureau first?
No. The California Lemon Law does not require a consumer to go through arbitration or through the Better Business Bureau before bringing a claim under California Lemon Law. In fact, going through an arbitration can be a daunting task without a lawyer. Therefore, it is much better to contact a lawyer who can navigate you through California’s Lemon Law.
My manufacturer has already told me that my vehicle is not a lemon. What can I do?
Many of our previous clients were once told by their manufacturer’s that their vehicle did not qualify and that their vehicle would not be bought back. Only after to contacting The Barry Law Firm were they able to get their vehicle repurchased and their money refunded.
If my vehicle is a lemon what am I entitled to?
If your vehicle is a lemon, then you are entitled to a refund of your down payment, monthly payments as well as a refund of your registration. In addition, any existing loan balance owed on your vehicle will be satisfied in full.
Do you charge any fees?
No. The California Lemon Law explicitly states that the manufacturer is responsible for all legal fees and costs. Therefore, you will never receive a bill from our firm for our services.
Are there any risks to me?
No. Even if your claim is unsuccessful, you are still not responsible for The Barry Law Firm’s fees and costs. All of our cases are handled on a contingency basis, which means that if there is no recovery, there are no charges to you.
Is it necessary for us to meet in person?
No, all that is necessary is that you have access to a fax machine or email so that your documents can be reviewed. Many times cases are resolved without the need for the client to even come to the office, although you are always more than welcome to visit.
I live in Northern California. Should I find a Northern California Lemon Law attorney to represent me?
The decision to hire an attorney is always a personal one. However, the geographical location of your attorney is not as important as your attorney’s experience with The Lemon Law field as well as his track record of success. The Barry Law Firm has successfully represented consumers throughout the entire State of California from north of Sacramento to San Diego.