FAQ
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General
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When Does a Vehicle Qualify Under the California Lemon Law?
Generally, a vehicle qualifies under the California Lemon Law when the vehicle has a warranty defect which the dealerships have been unable to repair. For the law to apply, the dealerships must be given a reasonable number of opportunities to repair the vehicle.
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Does the California Lemon Law Apply to Used or Certified Pre-Owned Vehicles?Yes, if the vehicle was purchased Certified Pre-Owned and sold with the manufacturer’s Certified Pre-Owned warranty. Otherwise, used vehicles do not qualify.
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How Many Times Do I Need to Take My Car Back to the Dealer Before I Have a California Lemon Law Claim?
The California Lemon Law states that dealerships must be given a reasonable number of opportunities to repair a vehicle. The law is fairly broad, leaving room for a variety of different circumstances. Since the law does not require any specific number of repair visits, each matter should be assessed on a case-by-case basis.
Typically, four visits for the same problem will qualify, but, depending on the defect, fewer visits may suffice. However, the law also considers the severity of the defect, whether the defect created a safety concern, and how soon the defect occurred after purchase. For example, a defect as severe as brake system failure may only require two visits. Moreover, if a vehicle spends a cumulative total of over 30 days in the shop for warranty repairs, it may satisfy the requirement, no matter how many separate visits were made.
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Can I Have a Claim Under the California Lemon Law if My Repair Visits Did Not Occur Within the Vehicle’s First 18 Months and 18,
The short answer is yes. If your vehicle had issues within the first 18 months and 18,000 miles, you are afforded certain considerations under the law. However, the most significant consideration is whether the issues and repair visits occurred during the vehicle’s warranty period.
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What Am I Entitled to if My Vehicle Qualifies Under the California Lemon Law?
If your vehicle qualifies under the California Lemon Law, you may be entitled to a refund of your down payment and monthly finance payments, as well as a discharge of your vehicle loan. You may also be entitled to reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses.
If offered by the manufacturer, you may choose to have your vehicle replaced with a similar vehicle instead of having your money refunded.
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Does the California Lemon Law Apply to Leased Vehicles?Yes, if they are still under a manufacturer’s new car warranty. (It is very rare for a leased vehicle not to be under warranty.)
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I Haven’t Been Through Arbitration. Can I Still Have a Claim Under the California Lemon Law?
Yes. California’s Lemon Law does not require that you first arbitrate your case.
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I Don’t Live Near O’Connor Law Group, P.C. Can My Free Consultation Be Conducted Over the Phone?
Yes. Documents can be submitted for attorney review by email, fax, or regular mail. We settle many of our cases without an in-person meeting.
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Can O’Connor Law Group, P.C. Help Me if I Live in a Rural Town Hundreds of Miles Away From the Nearest Major City?
Yes. We handle lemon law cases throughout California. If needed, we will travel to your local area at no cost to you. If it is necessary to file a lawsuit in your case, the matter will be filed and litigated in your local county or district court.
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What Fees Will I Have to Pay to Hire O’Connor Law Group, P.C.?
We do not charge our clients any up-front fees. The California Lemon Law includes an attorney’s fees provision which allows us to collect our fees and court costs from the automobile manufacturer at the successful resolution of the claim.
Pursuing your California lemon law claim, therefore, is economically feasible, even if you weren’t in a position to hire an attorney. Moreover, our contingency fees would not be due until we recover settlement proceeds.
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Can My Case Be Resolved Without Having to go Through Formal Court Proceedings?In some cases, yes. The manufacturers have no incentive to engage in costly litigation for a case they believe they will lose. As such, some of our cases are resolved without a lawsuit.
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Should I save records of my car repairs?
Yes, when you take your car to the dealership for repairs, it’s important to ensure you have documentation of all the problems and the associated repair orders.
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Should I pay for my car repairs under warranty?
Generally, you should not have to pay for repairs under warranty. Per the terms of your New Vehicle Limited Warranty, the manufacturer agrees to cover the costs of parts and labor during the warranty period. In some instances, the manufacturer may determine the warranty has been voided. Common reasons for a warranty to be voided include misuse or abuse of the vehicle and certain modifications to the vehicle.
We recommend consulting with the manufacturer prior to modifying your vehicle. If you feel the manufacturer has unfairly determined you violated the terms of the warranty, then you should contact our firm.
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