More FAQ's (frequently asked questions)

Why haven’t I heard more about the California Lemon Law?

Though not drenched in media attention, the California Lemon Law is one of the most attractive, “consumer friendly” consumer protection laws in the nation. It is for this reason that you should take advantage of it.  The Law Offices of William R. McGee can defend your rights and bring a swift and fair resolution to your lemon ownership experience.

What am I entitled to under the California Lemon Law?

If you financed or leased your vehicle, you are entitled to get back your down payment (or lease inception fee), government fees, trade-in equity, license fees and all the monthly payments you have made up to the date of settlement.  You may also be entitled to towing reimbursement, as well as rental car expenses you personally paid during your warranty repair visits.  The manufacturer pays off the existing loan (or lease),  you turn the vehicle back in to the car dealership, and you get your Lemon Law refund check.  This is known as a vehicle repurchase.  In certain circumstances you may also elect to take a replacement vehicle in lieu of a repurchase.  This is known as an exchange of collateral.  Your loan remains the same, and you simply “swap” your present vehicle for a new one with the same equipment. Leased vehicles are treated in the same way.

In any Lemon Law action, the manufacturer is entitled to an offset for mileage based on the odometer reading at the first time you had your vehicle repaired for a recurring problem.  There is a specific formula for calculating this offset, which your Lemon Law attorney will discuss with you.

How long can this process take?

We can usually reach a settlement with the manufacturer within 30-90 days by retaining our firm. A very large number of cases are settled in as little as 30 days!  You will not damage or compromise your credit by taking advantage of the Lemon Law.

As you can see, after you retain our firm it can be a very quick process. And we keep you updated on your cases progress. You no longer need to be involved with car dealers or auto manufacturers and suffer the frustration and anxiety of dealing with these problems.

What is “Cash-and-Keep” as it applies to California lemon law cases?

“I want to keep my vehicle, but I also want to be compensated for all the problems” 

Our California Lemon law statute affords a vehicle repurchase, or a new replacement vehicle for the offending “lemon” vehicle. This being said, we have clients that will desire alternative settlements to a California lemon law statute repurchase or replacement.  This can include “cash-and-keep”, wherein the manufacturer agrees to pay an amount to our client that is negotiated by the attorney that allows the client to retain their vehicle and put substantial “cash in their pocket”. Our law firms experience allows us to often present multiple options to settlement for our clients to choose from, thus affording the greatest range of settlement options in their California Lemon Law case. (More Info...)

“I purchased a used vehicle from a car dealership, and it was sold “AS-IS”, but I purchased an ‘extended warranty’, can I qualify for California Lemon Law protection?”

Answer: no. Firstly, on the “AS-IS” point, if there is no warranty being provided, it automatically means no lemon law claim or case as there is no warranty in place. On the second point of “extended warranty”, in California there is no such thing as an “extended warranty” being sold to a consumer. A “warranty” is described as something you are given as part of the sale transaction – you don’t’ pay for it. The moment you purchase what you are being represented as an “extended warranty”, you are actually purchasing a ‘Service Contract’ or ‘Mechanical Breakdown” policy, both of which are simply insurance policies against unexpected breakdowns. These policies are not – repeat not – applicable to California lemon law. That being said, there is one German manufacturer that if you do purchased one of their Certified Pre-Owned Cars, you can buy their factory extended warranty protection, and this is a warranty, as the word “warranty” appears on the application form. This is not the norm, but rather the exception. California lemon law deals with the manufacturer’s limited new vehicle warranties, or “CPO” (Certified Pre-Owned”) warranties on used vehicles.

“I want to know if the California lemon law applies to me – my vehicle is out of warranty” 

Our California lemon law can afford warranty protection past the factory new car limited warranty period if the consumer continues to bring the car back into the dealership for warranty repairs in a continuous manner for the unresolved repeating issue. In California, our lemon law is looking for repetition in bringing the car back for repair, establishing how serious the problems are for your lemon law case and claim. The California lemon law can also apply for a vehicle that sustained numerous repeated defect warranty repair visits during warranty, but is currently a out-of-warranty vehicle wherein that defect has been cured. These California lemon law cases are argued within the premise that the automobile manufacturer had a duty to repurchase, but failed to do so by their review of the warranty repair history of the vehicle. Call us for more details on out-of-warranty lemon law claims and cases.