Frequently Asked Questions (FAQs)

What is the California Lemon Law?
The Tanner Consumer Protection Act, otherwise known as the lemon law, requires a vehicle manufacturer to replace the vehicle or repurchase the vehicle when the manufacturer is unable to repair a vehicle to conform to the manufacturer's original warranty after a reasonable number of repair attempts.

Who does the California Lemon Law protect?
The California Lemon Law protects consumers that buy or lease new vehicles that come with the manufacturer's original warranty

How long does the California Lemon Law protect a consumer?
The California Lemon Law applies throughout the duration of the vehicle manufacturer's original warranty period

Does the California Lemon Law cover used vehicles?
Used vehicles are covered if the manufacturer's new car warranty is issued with the sale.

How many repair attempts are required to qualify under California's Lemon Law?
The manufacturer is allowed a reasonable number of attempts but there must be at least two repair attempts to qualify under California's Lemon Law

What if my dealership won't repurchase or replace my vehicle?
The manufacturer, and not the dealership, is responsible for the warranty and would be the one to repurchase or replace your vehicle.

What if my manufacturer won't repurchase or replace my vehicle?
If you feel you have given the manufacturer enough time and opportunity to repair your vehicle, but you feel the nonconformity still exists, your next step would be to file for arbitration. To see if your vehicle manufacturer offers a state-certified arbitration program, visit our website: https://www.dca.ca.gov/acp/acpprocess.shtml

What is arbitration?
Arbitration is an informal and cost–free Option for consumers to resolve disputes with car manufacturers without initiating a formal court action. In California, many manufacturers provide state–certified arbitration programs, which follow specific rules, including deadlines for decisions. The arbitrators in these programs receive regular training, and the Arbitration Certification Program monitors the programs and manufacturers they sponsor to ensure substantial compliance with program regulations and California laws to ensure a fair and expeditious resolution of new vehicle warranty disputes.

How can I apply for arbitration?
To apply for arbitration visit www.dca.ca.gov/acp/acpprocess.shtml.

What if the consumer's vehicle is under warranty but the manufacturer does not participate in a California state–certified arbitration program?
The consumer should contact the manufacturer directly and also contact the New Motor Vehicle Board (www.nmvb.ca.gov) for assistance with mediation to possibly resolve the warranty dispute. You may also consider contacting the California State Bar (www.bar.ca.gov) for assistance in locating an attorney in your area.

Is there a cost to file for arbitration?
No. There is no cost to the consumer to file for arbitration.

How is the arbitration conducted?
Parties can present their arbitration case in person, by phone, virtually, or in writing. If they choose to appear in–person, by phone, or by virtual appearance, the arbitration program will schedule it and provide details. If they opt for written submission, they must send all relevant documents, like repair orders, and wait notification that the arbitrator has made a determination.

Do I need to hire an attorney?
Consumers can elect to hire an attorney for arbitration, but it's not required. If you do hire an attorney, their fees may not be covered unless the manufacturer allows the arbitrator to include them in the decision.

How long will it take to resolve my dispute through arbitration?
In most cases the arbitrator will issue a determination within 40 days of the date you file a claim with the certified program. However, usually it can take up to 40 days. However, many arbitration claims are resolved sooner.

What are some of the possible decisions through arbitration?
An arbitration decision will determine if the vehicle meets the warranty terms. The consumer may request a replacement, repurchase, or repair of the vehicle. In some cases, the arbitrator's determination may be denial of the claim.

What happens if my claim is successful?
Participating manufacturers in the California state–certified arbitration programs have agreed to be bound by the arbitrator's decision, if the consumer accepts it. The manufacturer must perform the arbitrator's decision within 30 days of the consumer's acceptance of the arbitrator's decision.

Can I choose a repurchase or am I required to accept a replacement vehicle?
You are free to choose a repurchase instead of a replacement vehicle.

What happens if I choose a replacement vehicle?
The manufacturer must replace your vehicle with a substantially identical vehicle. If you choose additional options or after–market items, you may have to pay for those items yourself. The arbitrator may deduct a mileage offset for the use of the vehicle prior to the first warranty repair attempt. The manufacturer can choose to repurchase the vehicle instead of replacing it, even if a replacement was decided.

What happens if an Arbitrator grants a repurchase?
The consumer is entitled to receive all monies agreed to on the sales contract, except for any dealer add–ons, and the manufacturer is entitled to deduct a mileage offset.

What happens if arbitration is not favorable to me?
If you are still under the manufacturer's original warranty, and there are further attempts by the manufacturer to repair the vehicle, you may refile for arbitration if the repair attempt is not successful. You may want to consult with an attorney to see what other options you may have.

For further information, please call 916-574-7350 or 1-800-952-5210.