I did not have any issues with my car within the first 18,000 miles. Can I still bring a case?
Yes. As long as there is a breach of a warranty, you might still have a case. What you might be thinking of is something called the “Tanner Presumption.” This means that there is a presumption that manufacturer has had a reasonable opportunity to repair a vehicle if it presented for repair multiple times during the first 18,000 miles or 18 months of use. However, meeting the Tanner Presumption is not necessary to bring a case. In fact, most cases do not involve the presumption.
The dealership that I bought my car from is out of business. Is there anything I can do?
Yes. While you may have other types of claims against the dealership, lemon law claims are ultimately against the manufacturer. It is the manufacturer that provided the warranty and it is the manufacturer that has the repurchase obligation. The dealership going out of business has little effect on a lemon law case.
Do I have to go to arbitration first?
No! Despite what the manufacturer or dealership may have told you, in California, you do not have to go to arbitration before filing a lawsuit. While many manufacturers offer arbitration programs, they are generally not binding on the consumer and frankly are usually a waste of time.
I live in California now, but I bought my vehicle out of state. I’m having issues with it, can I still bring a lemon law case?
While it is true that Song-Beverly requires that the vehicle be bought in California, other remedies might be available. For example, you may still have a claim under the Federal Magnuson-Moss Warranty Act. Give us a call to see if we can help.