Cline APC

There is no solid answer for this as every case is different. Lemon law claims vary based on specific facts. Normally, the manufacturer/defendant will respond within the first 30 days. If you would like to discuss a timeline for your specific situation, please call Cline, APC. Our staff can provide a more detailed response based on your case facts.

California lemon law requires manufacturers to pay for all court and attorney fees as part of the buyback. Trustworthy lemon law lawyers work on a fee agreement that is contingent on a successful claim. This means they only get paid if, and only if, they get a recovery for you. Lemon law attorneys should not be charging any percentage of the total buyback settlement paid out by the manufacturer. Clients don’t have to pay anything to the attorney up front. At Cline, APC it will cost you $0 out-of-pocket for us to take your case – everyone can afford a skilled lemon law attorney.

This is a common misconception in California lemon law. The 18-month or 18,000-mile timeline only describes lemon law presumption. This just means your claim will be much easier if lemon law qualifications are met within these figures. There is no limit of 18 months or 18,000 miles to begin a lemon law claim in California. As long as the defect was reported within the manufacturer's written warranty, your claim may be valid. Most manufacturer warranties last for a minimum of 3 years or 36,000 miles – depending on the brand.

The most important thing you can do is keep ALL documentation related to the vehicle. This must include the original purchase order, warranty terms, repair orders, invoices, receipts, and all written communication with the dealer. This documentation will form the basis of your lemon law claim. Please call Cline, APC. Our staff can help answer any questions about the lemon law or your specific situation.

According to California Civil Code 1791.1, an implied warranty of merchantability must be good for at least 60 days, but no more than one year.

You have two options if your car is a lemon. One, you can request a buyback (refund). The buyback includes the cost of the vehicle, official costs, incidental expenses incurred, as well as all court and attorney fees. Two, you can request a replacement of the same vehicle or one of equal value. Generally speaking, manufacturers do not like replacing vehicles. At Cline, APC we seek either replacement or repurchase, at our clients’ request.

It depends, but generally, California’s lemon law applies equally to trucks and motorcycles as it does to cars. The law also extends to RVs and scooters.

Unfortunately, you cannot simply take a defective vehicle back to a dealer and expect them to give you a refund. The vehicle must go through the state’s lemon law process for a buyback (refund) to be issued. For starters, you must report the defect to the manufacturer within the original warranty period to begin the repair process. If the vehicle meets the criteria of lemon law, there is a four-year statute of limitations in California to file a claim.

The lemon law in California requires that a defect must be “substantial” and impair the vehicle’s safety, functionality, or value. Substantiality is determined on a case-by-case basis. A few factors that will help determine whether a defect is substantial are 1. The nature of the defect; 2. The cost and length of time required for repair; 3. Whether past repair attempts have been successful; 4. The degree to which the vehicle could be used while awaiting repair; 5. The availability and cost of comparable transportation during repairs.

The number of repair attempts to rule a vehicle a lemon is somewhat of a gray area. In most cases, lemon law requires at least 2 unsuccessful repair attempts to warrant a claim. It all depends on the nature of the defect. For some issues, it may be reasonable to require 3 or 4 repair visits. More severe defects may only require one unsuccessful repair attempt. Talk with an attorney at Cline, APC to assess your situation. An important factor to note is that a vehicle may be ruled a lemon if it’s been out of service for repairs for more than 30 total days, regardless of how many attempts were made.

An experienced California lemon law lawyer will draft your "complaint" & other case initiating documents. Those documents will be filed at your local civil courthouse & then immediately served on the auto manufacturer and/or selling car dealership. Once the complaint is filed and served official lemon law legal proceedings have begun.