1.) Does the Lemon
Law apply to used vehicles?
Yes. The Lemon Law will apply to a used vehicle if the vehicle's problems are covered by a
warranty.2.) Must I go through
arbitration in order to pursue a Lemon Law claim in court?
No. The Lemon Law does not require a consumer to utilize an arbitration program offered by
the manufacturer in order to pursue a Lemon Law claim.3.) Do I need to notify
the manufacturer and give it a chance to repair a problem prior too pursuing a Lemon Law
claim in court?
No. As long as the manufacturer's authorized repair facility has had a reasonable number
of opportunities to repair a warranty problem, the manufacturer need not be given notice
or a chance to repair the problem.4.) Does the Lemon Law
apply to vehicles that are older than 18 Months?
Yes. As long as the vehicle is having warranty problems, the Lemon Law will apply no
matter how old the vehicle is. The Lemon Law may apply to a vehicle even if its warranty
has expired so long as the vehicle continues to have problems complained about during the
warranty period.5.) Does the Lemon Law
apply to vehicles that have more then 18,000 miles?
Yes. As long as the vehicle is having warranty problems, the Lemon Law will apply no
matter how many miles are on the vehicle. 6.) Is there any
particular number of repair attempts that must be given in order to have a valid Lemon Law
claim?
No. There must be a reasonable number of repair attempts on the vehicle. What constitutes
a reasonable number of attempts varies given the particular problem(s). Generally,
however, if a problem has been subject to at least four repair attempts, or has spent more
than 30 days in the shop, that is enough to establish a reasonable number.7.) Does the Lemon Law
only apply to passenger cars?
No!. The Lemon Law applies to all consumer goods that are covered by a warranty and are
used for personal, family, or household purposes. Therefore, the Lemon Law applies to:
motorcycles, motor homes, jet skis, boats, SUV's, trucks, vans, and other motor driven
consumer goods.8.) Does
the "Lemon Law" apply to minor defects, or only significant defects?
The Song-Beverly Act applies to defects which constitute a substantial impairment to the
use, value or safety of the vehicle to the owner or lessee. Thus, minor inconveniences
(static in the radio, for instance) normally do not make a lemon law claim. Serious
problems with brakes, transmission, engine function, SRS (airbag) system, inoperable air
conditioning, persistent water leaking, oil leaks, to name a few, are examples of lemon
law impairment to use, value, or safety of vehicle. There are other federal laws that
further expand on what is considered to be a "defect" that constitutes
replacement of purchase price or a refund of monies spent.
