Buying a new or certified pre-owned vehicle should be a reliable investment, but sometimes, persistent mechanical issues turn a dream car into a nightmare.
Fortunately, California’s Lemon Law provides strong consumer protections, ensuring buyers do not get stuck with defective vehicles. Here’s what you need to know about your rights and legal options under California’s Lemon Law.
1. What Is California’s Lemon Law?
California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, protects consumers who purchase or lease new or used vehicles with significant defects that the manufacturer cannot fix after a reasonable number of repair attempts. This law requires manufacturers to replace the defective vehicle or issue a refund.
2. Which Vehicles Are Covered?
California’s Lemon Law applies to:
New and used vehicles purchased or leased in California that are still under the original manufacturer’s warranty.
Passenger vehicles, trucks, SUVs, motorcycles, and motorhomes used for personal, family, or business purposes (with fewer than 10 employees).
Certified pre-owned vehicles that are still under warranty.
3. What Qualifies as a Lemon?
A vehicle is considered a lemon if:
A substantial defect affecting safety, value, or usability occurs within the warranty period.
The manufacturer has made multiple repair attempts (usually at least 2 for serious safety defects or 4 for non-safety issues).
The vehicle has been out of service for 30 or more days due to repairs.
The defect is not caused by misuse, neglect, or unauthorized modifications.
4. What Are Your Rights Under the Lemon Law?
If your vehicle qualifies as a lemon, you are entitled to:
A Full Refund: Including the down payment, monthly payments, taxes, and fees (minus a reasonable usage deduction).
A Vehicle Replacement: The manufacturer must replace the defective car with a similar model.
Reimbursement for Repairs & Towing: Any out-of-pocket expenses related to the vehicle’s defect.
Legal Fee Coverage: If you win your case, the manufacturer must pay your attorney fees.
5. How to File a Lemon Law Claim in California
Step 1: Gather Documentation
Repair orders and invoices from the dealership.
Copies of your purchase or lease agreement.
Correspondence with the manufacturer or dealership.
Step 2: Notify the Manufacturer
Send a written notice outlining the issues and repair attempts.
Step 3: Request a Buyback or Replacement
If the manufacturer refuses, you may need legal assistance.
Step 4: Contact a Lemon Law Attorney
Experienced attorneys can handle your case at no upfront cost.
Step 5: Arbitration or Lawsuit
You may need to go through arbitration or file a lawsuit to enforce your rights.
6. How Long Do You Have to File a Lemon Law Claim?
California’s Lemon Law follows the statute of limitations, which is generally four years from when you first noticed the defect. It’s best to take action as soon as possible to strengthen your case.
7. Can You Get Compensation for a Used Car?
Yes, but only if the vehicle was purchased with an active manufacturer’s warranty and meets the Lemon Law criteria.
8. Common Lemon Law Myths Debunked
Myth: Lemon Law only applies to new cars.
Fact: Used and leased cars with valid warranties are also covered.
Myth: You must return the car to the dealership for repairs.
Fact: Any authorized service center can perform repairs.
Myth: Filing a claim is too expensive.
Fact: Most Lemon Law attorneys work on a contingency basis, meaning you pay nothing upfront.
Conclusion:
California’s Lemon Law offers strong protection for consumers dealing with defective vehicles. If your car has repeated mechanical issues that the manufacturer can’t fix, you may be entitled to a refund or replacement. Understanding your rights and taking prompt action can help you secure the compensation you deserve. If you think you have a lemon, consider consulting a Lemon Law attorney to guide you through the claims process.