When you buy or lease a new vehicle, you expect it to be safe, reliable, and free of major defects. Unfortunately, that’s not always the case. Some vehicles come with persistent problems that interfere with their use or safety – even after multiple attempts to fix them. In California, consumers are protected by one of the nation’s most comprehensive lemon laws, designed to ensure they aren’t stuck with a defective vehicle. If they are, they should seek the help of a California lemon law lawyer.
Let’s explore what you need to know.
What Are Lemon Laws?
Lemon laws are regulations that provide legal remedies for consumers who purchase or lease new (and in some cases, used) vehicles that repeatedly fail to meet quality and performance standards. In California, the lemon law is officially part of the Song-Beverly Consumer Warranty Act, which was passed in 1970. This law obligates manufacturers to repair defective vehicles under warranty within a reasonable number of attempts or provide a replacement or refund.
Who Is Covered?
It’s always a valid question … who the heck do these laws actually protect and what do they cover? California’s lemon law applies to:
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New cars, pickup trucks, and SUVs
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Leased vehicles (new or used, if still under warranty)
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Some used cars that are still covered by the manufacturer’s new car warranty
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Dealer-owned vehicles and demonstrators
The vehicle must have been bought or leased in California for personal, family, or household use. Some small business vehicles may also be covered if they meet specific criteria (e.g., under 10,000 pounds in weight and part of a fleet of fewer than five vehicles).
What Qualifies a Vehicle as a Lemon?
There certainly are various ways that the state will determine if a vehicle is indeed considered to be a lemon. To qualify as a lemon under California law, a vehicle must:
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Have a substantial defect that is covered by the warranty and impairs the vehicle’s use, value, or safety.
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Not be fixable after a reasonable number of repair attempts.
Well, what is “reasonable”? Generally, a “reasonable number” of repair attempts is presumed if:
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The manufacturer or dealership has made two or more attempts to fix a serious safety defect (like brakes or steering), or
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There have been four or more attempts to repair the same non-safety defect, or
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The vehicle has been out of service for repairs for more than 30 cumulative days since it was purchased.
It’s important to keep detailed records of every repair attempt, including invoices, work orders, and notes from the dealer. It can certainly be a pain to do so, and we all know that eventually we end up losing these things, but try your best to keep such documentation when it involves such an important purchase.
Remedies Under the Law
Ok, so you have a lemon, but now what? If your vehicle qualifies as a lemon, the manufacturer must either:
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Replace the vehicle with one of similar make and model, or
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Refund the purchase price, including taxes, fees, and incidental costs (like towing or rental cars), minus a mileage-based deduction for the time the car was driven before the defect appeared.
The choice between refund or replacement is usually up to the consumer, so don’t allow a dealer to tell you otherwise.
How to File a Lemon Law Claim
It’s not short and easy, but it’s also not super complicated to follow the process to seek remedy if you are dealing with a vehicle that you believe to be a lemon. To start the lemon law process in California:
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Notify the manufacturer in writing that your vehicle has a recurring issue and request a refund or replacement.
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If the manufacturer does not respond favorably, you may file a claim with the California Department of Consumer Affairs’ Arbitration Certification Program, or proceed with legal action through a lemon law attorney.
California law allows for the recovery of attorney fees if the consumer wins the case, making it easier for consumers to obtain legal representation.
Tips for Protecting Your Rights
- Get legal assistance: As we mentioned at the beginning, seeking an attorney that specializes in the lemon law is essential.
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Document everything: Save copies of all service records, complaints, and communications with the dealer or manufacturer.
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Act quickly: Lemon law protections apply only within the vehicle’s warranty period or within 18 months/18,000 miles (whichever comes first), though some legal interpretations allow broader time frames.
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Know your rights: Don’t let dealerships delay or avoid necessary repairs. You are entitled to timely service and honest communication.
California’s lemon law is a powerful tool to protect consumers from being saddled with unreliable vehicles. By understanding your rights and taking prompt action, you can ensure you’re not left holding a lemon. If you believe your vehicle may qualify, consult with a lemon law attorney or contact the state’s consumer protection agency to explore your options.
