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If you’re dealing with a car that keeps breaking, you have questions and you want straight answers. Here are the questions consumers actually ask, with honest answers and no legal jargon.
California lemon law protects you when you buy or lease a vehicle that turns out to have a serious problem the manufacturer cannot repair after enough chances. The problem must be covered by the warranty and must substantially affect how you drive the car, what it’s worth, or whether it’s safe.
If your car has been back to the dealer multiple times for the same problem and still isn’t fixed, that’s the strongest indicator. Recurring engine, transmission, electrical, brake, or warning light issues can all qualify. The way to know for sure is to have your repair records reviewed.
There is no magic number. The law looks at whether the manufacturer has had enough chances and failed. For serious safety issues, even two attempts may be enough. The most important thing is to keep every repair order.
Sometimes. After a 2024 California Supreme Court ruling, a used car qualifies for a lemon law refund or replacement only when a warranty was issued with your sale, such as a manufacturer-backed certified pre-owned warranty. Your purchase paperwork decides, so check it before assuming either way.
CPO vehicles with a manufacturer-backed warranty issued at the sale may also qualify.
Yes. If you leased the vehicle primarily for personal or family use, you may have a claim. The same protections that apply to purchased vehicles generally apply to leases.
Long out-of-service periods are a strong sign. If your car has been out of service for warranty repairs for 30 or more days total (not necessarily consecutive), that strengthens your claim. Whether the legal presumption applies depends on the specific facts.
A full refund, a replacement vehicle, or a cash settlement, plus reimbursement of related costs. What you’re actually entitled to depends on your case.
A buyback is when the manufacturer takes the car back and refunds your money, generally including the purchase price, fees, payments made, and the costs the defect put you through, minus a credit for miles driven. See the buyback page →
No. Replacement only happens if both sides agree. The choice is yours.
It’s a deduction from your refund for the miles you drove before the defect started. The formula is set by the California Civil Code. We always check it, because it gets applied wrong often enough to matter.
The other costs you’ve had to pay because of the defect: towing, rental cars, out-of-pocket repairs, storage fees. These should be reimbursed as part of a successful claim.
If your car qualifies, the manufacturer is required to pay your attorney fees separately upon a successful outcome. You do not pay out of pocket to pursue a valid claim. Every case is reviewed individually before anything is signed.
California’s legislature wrote the law this way on purpose. They didn’t want consumers giving up part of their refund to enforce rights the law already gives them. So the manufacturer pays your fees on a successful claim, on top of your refund.
Every case is reviewed individually before a retainer is signed. The fee structure and how costs are handled is disclosed in writing before you sign anything.
Cases are reviewed on the merits before anything is signed. If a case is weak, we say so honestly. The specific consequences of an unsuccessful outcome are spelled out in writing in the retainer.
It varies based on the manufacturer, the defect, the repair history, and whether the case resolves through negotiation or goes to court. An attorney who promises a specific timeline is telling you what you want to hear. We give you an honest assessment based on your case.
Five: confirming your car qualifies, the attorney consultation, the demand letter, settlement negotiations, and going to court if necessary. See the full process →
Most cases resolve before reaching court. The ones that go typically involve manufacturers who refuse to honor what the law requires. We’re prepared either way, and manufacturers know that.
Once you sign a settlement, you typically waive further claims for the same problem. If you’ve been offered a settlement but haven’t signed, get it reviewed first. Initial offers commonly understate what the law entitles you to.
Repair orders for every dealership visit, your purchase or lease contract, registration, a valid driver’s license, any written communication with the manufacturer, and diagnostic reports if you have them.
Repair orders. Without a documented repair history, no lemon law case moves forward. Keep every single one.
Dealerships are required to keep repair records and provide copies on request. If records are missing, reach out anyway, we can help you figure out how to get them.
Yes. Written communication about the problem can matter, especially when verbal promises were made about repairs.
Yes. The initial consultation is a real conversation with an attorney about your case, before any retainer is signed.
Yes. Margarian Law Firm offers a free case review. Phone and in-person options are both available.
We review your repair records, the purchase or lease contract, vehicle history, and any active recalls before accepting a case. You get an honest, merits-based assessment in writing.
We tell you, honestly, during the consultation. Most firms tell you what you want to hear to get a signature. We tell you the truth, because you deserve to know exactly what you’re walking into.
Yes, though the specifics depend on where the case is. If you’re currently represented and thinking about switching, have that conversation directly with the new firm during a consultation.
If this FAQ didn’t answer your question, or you want to know whether your car qualifies, our attorneys are here to help. A free case review is easy, and it could change everything. Call (818) 553-1000.
Past results do not guarantee future outcomes. Every case is evaluated on its individual merits. Outcomes vary based on the manufacturer, defect, repair history, and case posture. Attorney fees in qualifying lemon law cases are paid separately by the manufacturer upon a successful outcome under the California Song-Beverly Consumer Warranty Act.
