How the California Lemon Law works for you California Lemon Law 
 How the consumer-protecting California Lemon Law works
 

  
Welcome to the California Lemon Law Organization (CLLO)

 

The California Lemon Law Organization (CLLO) was formed to help inform consumers of their rights when they buy a new car.  While a lawyer is needed to get a buyer's money back, most people find it helpful to have some idea if their situation applies.

One of the reasons many people get a new car is that a new vehicle is going to be reliable.  But what if your new car has serious defects that the dealer can't repair?  What if the dealer tries to fix it over and over, but it's still broken, but they won't give you your money back?  What then?

 

The California Lemon Law then protects you. 

The first two rules of the California Lemon Law

 

To be covered by the California Lemon Law, these rules apply to your situation:

  • 18,000 mile/18 month rule

    The problem showed up in the first 18,000 miles you owned it (or when it was less than 18 months old)

  • Warrantee rule

    • The car must still be under warrantee.  For instance, let's say the problem first showed in the first 6 months, but by now, the car is 2 years old and still has the same problem.  You're covered.

    • Basically, all new vehicles are covered.  Here's the legal definition of a new vehicle.

    • Leased cars are covered, too, and so are trucks, and even dealer-owned or demonstrator vehicles.

    • Any exceptions?  Only pretty odd cases, like trucks that were taken off-road, or motorcycles, or vehicles that were completely abused.

  


  

 

Then the other factors which must apply

 

The 4 other rules of the California Lemon Law:

  • 4 tries/30days rule

    • The maker or dealer tried to repair it at least 4 times or it took more than 30 days to fix.  Those 30 days don't have to be in a row.  Here's the legal definition of that 30 days.

  • 2 tries/serious problem rule

    • At least 2 of the attempts to fix the car involved something that could cause death.  For instance, brakes are a big deal, the car window isn't.

  • Serious nonconformity rule 

    • The car is worth a lot less since the problem can't be fixed.  Here's the legal definition of a car that is broken like this - the car has a serious nonconformity.

  • Written letter rule 

    • The owner must then actually write to the car maker explaining the situation, and request arbitration.

How to get a California Lemon Law lawyer

 

When the 6 rules apply, then you get to go to the arbitration to get your money back or trade for a new car (your choice).  You'll need a lawyer to convince the judge or arbitrator that yes, all 6 rules apply.

  

The car maker will make all sorts of arguments against you and your lawyer, saying things like:

  • Oh, no - the problems aren't life-threatening

  • Something tiny was missing with your paperwork, so they shouldn't have to pay

  • Another attempt to fix the car will work

  • It's a problem, but it doesn't affect the value of the car that much

If the car maker can make any of those arguments stick during the arbitration process, then you don't get your money back.  You have to prove all 6 rules, and the burden of proof is on you.  That's why you need a lawyer - whoever is better at convincing the arbitrator is the one who wins the case.  If you have a good lawyer and a good case, you should be able to either get a new car, or your money back, whichever you prefer.

 

  

 

Copyright 2005 California Lemon Law 
All rights reserved

Everything on this site is just information, and should not be taken as legal advice

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One of the best places to look for a new vehicle in the State of CA is the wonderful California Car Dealers which has extensive listing, focusing on Fords.  Other places like Honda Kansas are more concentrated on this Japanese brand, of course, and Honda New Jersey is rather small for how many citizens the state has.  There probably just isn't that many dealerships out on the east coast.  Another site from back east is Honda New York which doesn't focus on Manhattan, but on the areas outside of New York City.  A favorite among the locals, Honda Ohio explains exactly why some dealerships are able to give better deals than others.  My favorite west coast dealership site is Honda Seattle and then, of course, the much larger sister site of Honda Washington which gives reviews of all the models of cars and trucks.  A relative newcomer is Honda Portland which attempts to give contact information for every single relevant dealership in the state.