Buying a new or used car should be a smooth experience, but sometimes vehicles come with persistent issues that affect their performance, safety, or value. If you’ve repeatedly taken your car in for repairs under warranty and the problems persist, you might be dealing with a “lemon.” In California, strong consumer protection laws exist to help buyers get refunds or replacement vehicles in such cases. Here’s how to determine if your car qualifies as a lemon under California’s Lemon Law.
Understanding California Lemon Law
California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, protects consumers who have purchased or leased defective vehicles. It applies to new and used vehicles that come with the manufacturer’s warranty. If your vehicle has serious defects that the manufacturer or dealership cannot fix after a reasonable number of attempts, you may be entitled to a refund or a replacement.
Does Your Car Qualify as a Lemon?
To determine if your car qualifies as a lemon, you’ll need to assess a few key factors:
1. Is the Vehicle Covered by a Warranty?
The California Lemon Law applies to vehicles that are still under the manufacturer’s new vehicle warranty. This includes:
- New vehicles
- Used vehicles with a remaining factory warranty
- Certified pre-owned vehicles
- Dealer-owned vehicles or demonstrators
- Vehicles purchased for personal, family, or household use
If your car is out of warranty, it likely won’t qualify unless the defect was reported while the warranty was still active.
2. Does the Car Have a Significant Defect?
Not all problems qualify a car as a lemon. The defect must be substantial and must impair the car’s use, value, or safety. Examples include:
- Engine or transmission failures
- Brake system issues
- Electrical malfunctions
- Steering problems
- Airbag defects
- Persistent fluid leaks
- Defective fuel systems
Minor inconveniences like a broken radio or a loose door handle typically don’t meet the Lemon Law criteria.
3. Has the Manufacturer Had a Reasonable Number of Repair Attempts?
California law outlines what is considered a “reasonable” number of repair attempts. Your vehicle may qualify as a lemon if:
- The issue remains unresolved after two or more repair attempts for a defect that could cause serious injury or death (such as brake failure).
- The problem persists after four or more repair attempts for a non-life-threatening defect.
- The vehicle has been out of service for repairs for more than 30 cumulative days.
It’s important to document all repair visits, including dates, descriptions of the problem, and invoices from the dealer.
4. Did the Manufacturer Receive Proper Notice?
Before pursuing a lemon law claim, you must notify the manufacturer or an authorized dealer about the defect and give them an opportunity to fix it. In most cases, the dealer’s repair records serve as proof of notice.
5. Is the Car Still Under the Lemon Law Time Limits?
Lemon Law claims must be filed within four years of when you first discovered the defect. However, acting sooner increases your chances of a successful resolution.
What Happens if Your Car Qualifies as a Lemon?
If your vehicle meets the criteria, you have legal options. Under California’s Lemon Law, the manufacturer must offer one of the following remedies:
- A Refund – You may be entitled to a full or partial refund, which includes the vehicle’s purchase price, registration fees, and taxes. The manufacturer may deduct a “usage fee” based on the mileage driven before the defect appeared.
- A Replacement Vehicle – The manufacturer may offer a comparable replacement vehicle at no additional cost to you.
- Cash Compensation – Some manufacturers may negotiate a cash settlement in lieu of a buyback or replacement.
What If the Manufacturer Refuses to Cooperate?
If the manufacturer denies your claim or offers an unfair settlement, you may need to take legal action. A skilled California Lemon Law attorney can help you:
- Gather the necessary evidence to support your claim
- Negotiate with the manufacturer for a fair resolution
- File a lawsuit if the manufacturer refuses to comply
Most Lemon Law cases settle before reaching court, but having legal representation significantly strengthens your case.
Steps to Take if You Suspect Your Car Is a Lemon
If you believe your vehicle qualifies as a lemon, take the following steps:
- Keep Detailed Records – Save all repair orders, receipts, and correspondence with the dealership or manufacturer.
- Continue to Report Issues – Even if the problem persists, continue bringing the car in for repairs and document each attempt.
- Consult a Lemon Law Attorney – Legal professionals specializing in California Lemon Law can evaluate your case for free and advise you on the best course of action.
Conclusion
California has one of the nation’s strongest Lemon Laws, ensuring that consumers don’t have to suffer from defective vehicles. If your car has ongoing mechanical issues that the manufacturer or dealer cannot fix, you may be entitled to a refund or replacement. By understanding the law and working with an experienced attorney, you can assert your rights and get the resolution you deserve.
If you believe you have a lemon, contact Seven Law today for a free consultation and let us help you navigate the legal process with confidence.