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LEMON LAW ADVOCATES

The following are some answers to frequently asked questions.  Please feel free to call us, however, to get answers to your specific questions from one of our attorneys.

Q: Is it really free? What if I lose?

A: Our representation of you is absolutely free. Under California law, the manufacturer has to pay reasonable attorneys’ fees and costs. So you pay nothing. Other lemon lawyers might charge their clients for costs on an unsuccessful claim. Not us. Even if we are unsuccessful, you will never have to pay us any money.

Q: What do you mean you do not take a contingency fee?

A: Lemon lawyers in California get paid by the manufacturer. In addition to this payment, most other lemon lawyers take a contingency fee from their clients’ recovery – meaning they take a percentage (usually about 5% or 10%) of their clients’ recovery. We do not take any contingency fee from your recovery. In the end, this means your settlement with us is bigger.

Q: How do I know if my vehicle (or item) is a lemon?

A: Ask yourself this: “Has there been an unreasonable number of repair attempts made to fix the problem or problems?” If there have been two (2) or more repair attempts, you might have a claim. Call us to let one of our attorneys help make the determination.

Q: What can I recover?

A: A variety of settlements are possible. The most common form of recovery, however, is called a “repurchase” or a “buyback.” It is similar to returning an item to the store. Generally, you receive a refund of all the money you paid for the vehicle (i.e., your down payment and all your monthly payments); plus, if you are financing the vehicle, your loan is paid off in full. You can also recover certain registration costs, rental car costs, towing costs, and repair costs. The manufacturer is entitled to a mileage offset/usage fee based on your use of the vehicle prior to the first repair visit.

Q: What if I am leasing my vehicle?

A: For purposes of the lemon law, a lease is no different than a purchase. You can recover all your lease payments, and be relieved from any further obligations under the lease.

Q: What if my vehicle is out of warranty?


A: If any of the problems began during the initial warranty period, your claim is likely preserved. Even if your problems began out of warranty, we might be able to assist you.

Q: What if I bought my car used?

A: The warranty on the car and when the problems began are the relevant factors – not whether you bought it new or used.

Q: How long will this take?

A: It will vary from case to case. If you are interested in proceeding quickly, we can review your claim, agree to represent you, and have your demand made against the manufacturer within one or two days of our initial conversation. At that point, the manufacturer will have 30 days to make its first response to our claim. Claims can often be resolved in about 5 months.

Q: What if I do not live near your office?

A: Our representation of you can be done entirely by phone, mail, fax, and/or e-mail. So, we easily represent clients throughout the entire state of California. We have offices in San Diego and Riverside; and you are welcome to come visit us in person if you wish.

Q: Does the lemon law apply only to cars?

A: No. It applies to any consumer item covered by a warranty. Cars are the most common item; but, we represent clients who are having problems with their boats, motorcycles, R.V.’s, motor homes, and other recreational vehicles. Even televisions, computers and other appliances may be covered by the lemon law.


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