When it comes to lemon law, there are a lot of myths and misconceptions floating around. Some people believe that you need to own the vehicle for it to be covered under California lemon law. Others think they can't take legal action against the manufacturer unless you have attempted to repair the car a certain number of times. Our California lemon law team debunks five of the most common lemon law myths and explains what you need to know about this important topic!
Myth #1: Lemon Law Only Applies To Used Cars
One of the most common myths about lemon law is that it only applies to used cars. Lemon law can apply to both new and used vehicles, as long as they come with a manufacturer's warranty. So, if you're having problems with your new car, don't assume that you're out of luck.
Myth #2: I Have To Own The Car To File a Claim.
You do not have to own the car to file a claim. The law applies to leased cars as well as purchased cars.
Myth #3: A Minimum of Two Repair Attempts is Required To File a Claim.
While it is common for at least two repair attempts to be made before filing a claim, there are cases in which one repair is enough to file a claim. Under the Tanner Consumer Protection Act, your car can be presumed to be a lemon if it has been in the repair shop for more than thirty cumulative days.
Myth #4: Only Big Manufacturers are Covered by Lemon Law
California lemon law covers any vehicle that comes with a manufacturer's warranty, regardless of the size or reputation of the company. So, even if you bought a small, unknown brand car, you may still be covered under the law.
Myth #5: You Have to Go through Arbitration Before Filing a Lemon Law Claim
This is not the case in California. You are not required to negotiate with the dealership or manufacturer through a third party before filing a lemon law claim. However, you may be required if your car is still under warranty and you have chosen to pursue legal action through the manufacturer's dispute resolution program.
It is highly recommended to seek the assistance of an experienced lemon law lawyer. A lawyer who specializes in California lemon law will be able to determine whether or not you have a valid claim and guide you through every step of the process.
Do You Have a Lemon On Your Hands?
At O’Connor Law Group, P.C., we are experienced in evaluating and handling cases for clients who believe they have a lemon. We offer a free initial consultation to discuss your particular case and determine if you have grounds to file a claim under the lemon law. If we take your case, we will do so on a contingency basis, which means you pay us nothing unless and until we win compensation for you.