California Lemon Laws

What the California Lemon Laws Can Do For You

The California Lemon Law is designed to protect car buyers from purchasing or leasing a lemon. Ours is the original California lemon law web site. We are a California lemon law firm not an out-of-state firm. We are situated in California. Established in 1987 we have recovered millions of dollars for lemon law clients throughout the state.

The California Lemon Laws cover cars, trucks, SUVs, RVs, motorcycles, and boats. Find out if your vehicle qualifies and whether you are entitled to get your money back. You have nothing to lose except your lemon. If you think you own a defective lemon call our lemon law offices or submit the Lemon Law Case Review Form today!

A California Lemon Law Lawyer Can Win Your Case

The Law Offices of Delsack & Assoc., P.C. have represented thousands of clients against all the automotive manufacturers. Ours is one of the first California Lemon Law attorney firms and one of the first Lemon Law firms to represent clients throughout the entire state of California.

How Do I Get Rid Of My Lemon?

Make one toll free call to our lemon law offices at 888 395 3666, and simply fax (1 888 270 0079) or mail copies of the documents listed below.

Do I Need to Provide Any Documents?

Simply, fax, mail, or e-mail (info@delsacklaw.com) copies of your

* Purchase or lease contract;
* Repair orders;
* DMV registration; and
* Estimated pay off amount of your loan or lease

California Lemon Law Specialists - On Your Side

Let our team of California Lemon Law Attorneys do the work for you!

Don't Delay!

The more time that goes by and the longer you keep the vehicle, the more miles you put on. Also, you stand the greater risk of your lemon vehicle being damaged. That may destroy your chances of getting "lemon law" relief. Therefore, it is to your advantage to get the process started as soon as possible. Call today for your free California Lemon Law consultation with one of our CA lemon law attorneys or to get answers to your other questions. Or submit our Lemon Law Case Review Form today.

Repair Log Instructions

Enter the Vehicle Information that the Log applies to. Example: Pontiac Firebird, Chevy Blazer, Ford Explorer.

Enter the Date the Vehicle was purchased.

Enter the Odometer Reading from the Date you took possession of the vehicle.
For each Repair attempt, Record
The Date and Mileage when you took the vehicle in for repair.

The Date and Mileage when you picked the vehicle up. Note, the Date should be the date the repairs were completed, not necessarily the date when you picked the vehicle up. The Mileage should be the actual mileage on the odometer, not necessarily what is printed on the Invoice.

The Name of the Dealer or Repair Shop where you took the vehicle to. For Warranty Repairs, you must take the vehicle to an Authorized Repair facility.

The Repair Order Number. This will be printed on the Repair Order/Work Order and you should not leave the Repair Facility without this.

A Description of the Problem / Work Requested. This can be as simple as "Oil Change", but if you have a major problem with the vehicle, describe the Problem in detail. It is especially important that for repeat problem(s), the problem be described identically on each visit to the Repair Center. This is to protect your rights under the Lemon Laws. The Problem Description must appear on the Repair Order. Do not sign a Repair Order or leave your vehicle at the Repair Shop unless the specific problem has been written or printed on the Repair Order. Do not attempt to diagnose the problem.

A Description of the Work Performed. When you pick the vehicle up, you should be given an Invoice that details the work that was actually performed. Write the actual work that was done in your log. If the Repair Shop refuses to give you an Invoice, either because the vehicle is under warranty, the work performed was for a previous warranty job, or for whatever excuse that might be given, make a note of this.

The Price you Paid for Repairs. If you had any incidental charges such as Towing, Lodging, or any other out of pocket expenses, enter "See Attached" and attach a copy of the Invoices or Sales Receipts to the Log (Number the Log Entry and the Receipts so that you can easily refer to them).
Work Requested / Work Performed
It is very important that for repeat problems you Describe the Problem the same each time you take the vehicle in for repair. Make sure that what you say is what is written on the Repair Order. The problem you describe and the problem the service writer enters on the Repair Order may be two different things. If you hear a "clunking noise in the left rear only when driving above 50 mph", make sure THAT is what is written on the Repair Order. The service writer may write "Check clunking noise in left rear" and the mechanic may only test drive the vehicle at slower speeds and not be able to duplicate the problem. To protect your rights under the Lemon Laws, you must describe an unfixed defect the same, each time you take the vehicle in for repair, and you must make sure that your complaint is written on the Repair Order. For Warranty repairs, you must take the vehicle to an Authorized Repair facility.

When you pick your vehicle up, make sure you receive an Invoice for Work Performed. The Dealer may tell you that there is no Invoice because you were not charged for any repairs. It is your right to know what work was performed and the Invoice is the document that details this information.

Was the problem fixed? Was the problem unresolved - meaning the Repair Shop could not duplicate it or find the cause of it? What was fixed (or not fixed) based upon your initial reason for taking the vehicle into the shop in the first place?

For Lemon Law cases, it is important to note whether the Dealer fixed the problem or could not fix the problem. The Repair Shop may say that the problem was fixed, but you drive away and the problem appears again (or it appears again in a few days). In this case, this is a new Repair Attempt for the Same Defect. Take the vehicle back and create a new Log Entry.

Keep a Vehicle Repair Log

Why should you keep a repair log? A Repair Log is an invaluable aid that shows how well you've been taking care of your car, truck or motorhome. Besides showing proof of repairs, it adds value to your vehicle, should you decide to sell it, because it documents the vehicle's regularly scheduled maintenance.

Proof of Repairs and Maintenance
If you happen to have a Lemon, the Repair Log will show the Dates, Mileage, and Complaints for every visit you've made to the Dealer to have your vehicle repaired. If the Dealer was unable to fix a problem, the Repair Log will show this in an easily readable format. Should you need to go to Arbitration or sue in a Court of Law, the Repair Log shows how meticulously you've cared for your vehicle. A Manufacturer, Arbitrator, Lawyer, or Judge can quickly view your Repair Logs as opposed to taking hours or days to pour over your Notes, Work Orders, and other paper work you may have.

The Repair Log is a Summary of your Vehicle's Repairs and Maintenance. Besides protecting you in Lemon Law arbitration, it allows you to quickly see the last time your vehicle had an oil change, brake job, or any other regularly scheduled maintenance procedure

Smart Buying Essentials

Vehicle Recalls

Despite extensive pre-production testing and dramatically improved quality of new cars and trucks these days, recalls are still very much a fact of life for motorists. Perhaps it's because vehicles have also become so much more complex, with more things to go wrong. In any case, each time a recall is announced, most owners probably raise an eyebrow and wonder what kind of a lemon they've gotten themselves into now. After all, the stuff of some recalls-engine fires, broken steering system components, wheels that fall off, air bags that explode for no reason-can be pretty scary.
The truth is, they have little reason to worry. Like airline crashes or killer-bee attacks, recalls can create quite a sensation, especially when they involve best-selling vehicles. But the chances of anything unusual happening to your particular car or truck if it's recalled are pretty remote. A recall isn't a sure sign that your car will become a long term problem. Most vehicles will undergo two or three recalls during their life cycle. Indeed, recalls happen in even the best automotive neighborhoods, with manufacturers from Acura to Volvo announcing manufacturer recalls and even subject to government mandated recalls. Even the perceived icon of quality, Toyota, has sustained two large recalls on 16 models in the last couple of years (affecting some 1.27 million vehicles globally, including their very popular Prius hybrid.

Where to Find a Lawyer

The best way to find a lawyer is word of mouth. Ask trusted friends, family, and/or business or professional associates who have recently used one. Then ask if they would use him or her again and if their legal fees were reasonable

Other ways:

1. Internet legal directories: The Internet is an excellent source for finding attorneys in your community. Because of the interactive nature of the Internet, lawyers and law firms are able to provide much more detailed information to potential clients. For example, Attorney Pages.com allows visitors, for free, to browse through its listings and pick an attorney based on your geographic area and/or type of practice. Many of those listed have websites to give you a broader picture of the attorney’s skills. The site provides complete contact information so you can easily phone or email the attorney with your questions. Using the directory, you can also find a lawyer across the country to handle your college son’s landlord or traffic problem

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2. Local or state bar association’s referral services: Most bar associations offer referral sources at no charge or for a modest fee. Phone and tell them the problem and they will hook you up with a participating attorney who handles legal problems such as yours. Keep in mind that only a small portion of the legal community signs up and the association generally make no claims as to the attorney’s expertise or skills. For a list of state bar associations, go to http://www.abanet.org/barserv/stlobar.html.

3. Employer-Paid Legal plans: Many employers, unions and credit unions offer pre-paid legal plans. These plans are given as benefits to employees and may entitle you to free or reduced cost representation on certain matters. You should check with your office administrator about whether you are enrolled in such a plan.

4. Legal aid: You may qualify for legal aid representation at low-cost/no-cost. Legal aid primarily services low-income individuals and the qualifications for such aid can be based upon where you live, your income and family size. Legal aid representation tends to focus on landlord-tenant issues, credit, utilities, family issues, and unemployment. To find a legal aid office near you, call your state bar , your county court house , or try your local yellow pages under “legal aid,” “legal services,” or “legal assistance.”

5. Nearby law schools: some have low-cost, no-cost clinics that provide a limited amount of legal services.

6. Print Directories: For many decades the “Yellow Pages” were the traditional, and well-thumbed, source of listings. However, yellow page listings and/or ads do not give information about lawyer’s ability or competence. Other directories, such as the Martindale-Hubbell Law Directory, found in many public libraries, lists lawyers by state and city and give biographical details on each lawyer and rating information.

What is a Lemon?

A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. All States differ so you should consult the Lemon Law Summary and the State Statutes for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warranty.

Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the car makes "funny noises" but otherwise drives just fine, or you found 10 things you don't like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon.

If the brakes don't work, the car won't go into reverse gear, the darn thing won't start on cold mornings or hot afternoons, the rear door opens all by itself, the driver's seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon. Providing you've given the manufacturer an opportunity to repair the defect.

In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt.

You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts.

Do I need a Lawyer?
The answer depends upon which State you Purchased or Registered your car in. In some States and with proper documentation, you simply file a Complaint. In other States, you will need to hire an Attorney.

Who pays the Lawyer?
Only about half of the States allow you to recover Attorney Fees. If your Attorney sues under the Magnuson-Moss Warranty Act, you will be awarded Attorney Fees if you win. Note that an Attorney's Fee is based upon actual time expended rather than being tied to any percentage of the recovery. In some States, you must pay the manufacturer's Attorney Fees if you lose.

Is a Used or Leased Car protected?
It depends upon which State the car was purchased or leased in. Some states include used and leased cars in their Lemon Law statutes. Some states have separate laws for used vehicles. Some states provide protection only for new cars. In some states, even the Attorney General is unable to tell you if a Leased vehicle is covered due to the way the law is phrased and you will be referred to an Attorney for clarification of the law. See the Lemon Law Summary and the State Statutes for your particular State to determine what is covered.

What about Motor Homes and Motorcycles?
Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty). Consult with an Attorney that specializes in this area.