FAQ's
Frequently Asked Questions
Nothing out of pocket. Under California Civil Code § 1794(d), if you win, the manufacturer pays your attorney's fees and costs. We work on a contingency basis, which means we collect from the manufacturer when we recover for you. If we do not win, you do not pay. The case review is free too.
Your vehicle may qualify if all of these are true:
- It has a defect covered by the manufacturer's warranty
- The defect substantially impairs the use, value, or safety of the vehicle
- The dealer has had a reasonable number of attempts to fix it and failed
- The defect was not caused by abuse, neglect, or unauthorized modifications
California law presumes a reasonable number of repair attempts has been made if, within 18 months or 18,000 miles, the dealer has tried to fix the same problem 4 or more times, tried to fix a serious safety defect 2 or more times, or the vehicle has been out of service for 30 or more cumulative days. Vehicles outside that window may still qualify; you just have to prove the repair history was unreasonable on its facts.
No, but the rules tightened in late 2024. The lemon law covers new vehicles, manufacturer-certified pre-owned vehicles, dealer demonstrators sold with a warranty, and leased vehicles. After the California Supreme Court's October 2024 ruling in Rodriguez v. FCA US LLC, ordinary used cars sold with the balance of the original manufacturer's warranty are no longer protected by the new-vehicle lemon law against the manufacturer. Other protections may still apply through dealer warranties or federal law, so it is still worth a free review.
You do not have to keep granting unlimited chances. The law requires a reasonable number of repair attempts, not unlimited. Manufacturers and dealers often pressure consumers into letting them try again because every additional successful repair can wipe out a lemon law claim. If the same defect keeps coming back, you may already qualify. Talk to a lemon law attorney before agreeing to another round.
There are three recoverable paths in a defective car claim:
- Buyback- The manufacturer refunds your down payment, monthly payments, taxes, registration, finance charges, and incidental expenses (rental cars, towing), minus a small mileage offset for use before the first repair attempt.
- Replacement- A substantially identical new vehicle, same trim and warranty.
- Cash and keep- You keep the vehicle and the manufacturer pays a negotiated lump sum for diminished value.
If the manufacturer's conduct was willful, you may also recover a civil penalty of up to two times your actual damages under Civil Code § 1794(c). The manufacturer also pays your attorney's fees in any successful case.
Yes. Leased vehicles get the same protection as purchased vehicles. If the manufacturer buys back a leased lemon, you can recover your down payment, every monthly lease payment, taxes, registration, and incidental expenses, with the vehicle returned to the manufacturer.
California's general statute of limitations for breach of warranty is four years. The clock typically starts on the earlier of when the manufacturer's warranty expires or when you discovered the vehicle was a lemon (often the last unsuccessful repair). Under AB 1755, participating manufacturers have a hard six-year cap from the original delivery date. Earlier action means cleaner timelines and stronger evidence, so do not wait.
No. California law does not require you to arbitrate before filing a lemon law lawsuit. Many manufacturers offer arbitration programs and may pressure you to use them, but they are optional from your side. Arbitration can also work against you because a bad arbitration result can later be used as evidence against you in court. You do not need to enter that process to protect your rights.
Most cases settle within three to six months of the demand letter. Disputed cases that proceed to litigation can take 12 to 18 months, though many resolve at mediation before trial. Cases involving willful conduct and civil penalty exposure tend to settle faster once the manufacturer sees what they are looking at.
In most cases, no. The vast majority of lemon law claims settle pre-suit through demand letters or in early mediation once a complaint is filed. We prepare every case for trial because that posture drives stronger settlements, but most clients never set foot in a courtroom.