Frequently Asked Lemon Law Questions
No. There are some advantages to arbitration, but there can also be significant disadvantages. The dealer and manufacturer want you to go through their own sponsored arbitration rather than hire a lawyer and settle in court. Obviously they have their own motives, and their version of arbitration will most likely tip the scales in their favor. We recommend consumers contact a specialized lemon law attorney immediately to decide whether or not arbitration is their best option under the circumstances. We have found that consumers are generally better off avoiding the manufacturer-sponsored arbitration process.
Do I need to notify the manufacturer and give them a chance to fix the problem before going to court for a lemon law claim?
Some used vehicles are covered under California lemon laws if they meet certain requirements. First, the vehicle must be under a manufacturer’s warranty at the time the consumer notices the defect. For example, if the car is two years old, still under warranty and continues to have substantial problems, there is a fair chance it’s covered by the lemon law. If the car is many years old (typically 2011 and older) and the manufacturer’s warranty has already expired, the laws will probably not apply to that car. For more information about the basics of California lemon law, visit our Lemon Law Basics page.
State lemon laws typically apply to all vehicles used primarily on the roads. Off-road vehicles, such as ATVs and boats, are not covered by lemon laws, but may be covered under other similar laws. Speaking with a practiced and knowledgeable attorney about your particular situation can help you decide what your best options are regarding off-road or other vehicles. Lemon Law Partners, LLP has helped many consumers with their defective RVs, travel trailers and motorcycles. Visit our Defective New RVs, Travel Trailers and Motorcycles page to learn more about that area of practice.