Electric vehicles (EVs) are rapidly becoming the future of transportation, offering a cleaner, often more efficient, and technologically advanced driving experience. From sleek sedans to rugged SUVs, EVs are transforming the automotive landscape. However, like any complex machinery, they are not immune to problems. If you’re an EV owner in California and your vehicle consistently experiences breakdowns, exhibits recurring malfunctions, or spends an excessive amount of time undergoing repairs, you might be wondering: Do I have lemon law rights as an EV owner in California?
The definitive answer is yes. California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, extends its protections to electric vehicles in precisely the same way it covers traditional gasoline-powered cars. However, the unique nature of electric vehicles introduces specific considerations, particularly concerning their advanced technology, battery systems, and software. Understanding how California’s Lemon Law applies to these unique aspects can be crucial in successfully navigating a claim and ultimately achieving a favorable outcome, whether that’s a full refund, a vehicle replacement, or a cash settlement.
Are Electric Vehicles Covered by California Lemon Law?
Absolutely. The Song-Beverly Consumer Warranty Act is a comprehensive consumer protection statute designed to safeguard purchasers of various goods, including new and certain used motor vehicles. This includes all types of electric cars, hybrid vehicles, and even plug-in hybrids. For an EV to qualify under California’s Lemon Law, certain fundamental conditions must be met:
- The Defect Occurs Under the Original Manufacturer’s Warranty: The problem must arise while the vehicle is still covered by the original manufacturer’s new vehicle warranty. This warranty period is a critical window during which the manufacturer is obligated to address defects.
- The Problem is Substantial: The defect must significantly impair the vehicle’s use, value, or safety. A minor rattle or cosmetic blemish typically won’t qualify. Examples of substantial defects include issues that affect the car’s ability to drive reliably, its charging capabilities, its safety features, or its overall market value.
- The Manufacturer or Dealer Has Had a Reasonable Number of Repair Attempts: Before a vehicle can be declared a “lemon,” the manufacturer or its authorized dealerships must be given a fair chance to repair the defect. What constitutes a “reasonable number” varies depending on the severity of the issue, as discussed in detail below.
It’s important to note that the brand of your EV does not impact your eligibility. Whether your electric vehicle is manufactured by industry giants like Tesla or Chevrolet, or newer players such as Rivian or Lucid, you are afforded the same protections under California’s Lemon Law. The law focuses on the nature of the defect and the manufacturer’s inability to repair it, not on the vehicle’s make or model.
Common EV Issues Covered by Lemon Law
Electric vehicles, despite their advanced nature, come with their own distinct set of recurring problems that can often qualify under California’s Lemon Law. These issues often stem from the complex interplay of battery technology, sophisticated software, and electric powertrains. Some of the most common EV defects that lead to lemon law claims include:
- Battery Failures or Fire Risks: The battery is the heart of an EV, and issues with it can be catastrophic. Common battery-related defects include:
- Rapid Battery Degradation: The battery loses its ability to hold a charge much faster than expected, significantly reducing the vehicle’s range and utility.
- EV Won’t Hold a Charge: The vehicle fails to retain an adequate charge, making it unreliable for daily use.
- Overheating or Spontaneous Combustion: While rare, battery overheating can pose serious safety risks, including the potential for fire.
- Extended Charging Times or Failure to Charge: The vehicle takes an unreasonably long time to charge, or fails to charge at all, even when connected to appropriate charging infrastructure.
- Software Glitches: EVs are essentially computers on wheels, and their reliance on complex software systems makes them susceptible to various digital malfunctions:
- Autopilot Errors or Failures (especially in Tesla lemon law California cases): Advanced driver-assistance systems (ADAS) like Tesla’s Autopilot or Full Self-Driving (FSD) can exhibit critical errors, leading to dangerous situations or non-functional features.
- Sudden Reboots of the Infotainment or Operating System: The central display or entire operating system unexpectedly crashes and reboots, disrupting navigation, climate control, and other essential functions.
- Inaccurate Range Estimates: The vehicle’s estimated range is consistently incorrect, leading to range anxiety and unexpected power loss.
- Update Bugs that Disable Functions: Software updates, intended to improve performance, inadvertently introduce new bugs that disable crucial vehicle functions.
- Drivability Issues: Problems with the electric powertrain or related components can directly impact the vehicle’s ability to be driven safely and reliably:
- Sudden Loss of Power While Driving: The vehicle unexpectedly loses power, often at high speeds or in critical driving situations, posing a significant safety hazard.
- Powertrain or Inverter Malfunctions: The electric motor, inverter, or other components of the powertrain fail, leading to reduced performance or complete breakdown.
- Jerking or Stalling: The vehicle experiences erratic movements or unexpectedly stops, indicating a problem with the motor or transmission.
- Safety Feature Failures: Modern EVs are equipped with numerous safety features, and their malfunction can compromise occupant safety:
- Malfunctioning ADAS (Advanced Driver-Assistance Systems): Features like adaptive cruise control, lane-keeping assist, or automatic emergency braking fail to operate correctly.
- Non-functioning Cameras or Collision Detection: Cameras used for rearview, side views, or collision detection are inoperable, hindering the driver’s awareness and the vehicle’s safety systems.
- False Alerts or Phantom Braking: The vehicle issues erroneous warnings or unexpectedly applies the brakes without a discernible obstacle, creating dangerous and startling situations.
It’s crucial to understand that if these issues persist after multiple repair attempts by the manufacturer or authorized dealership, your EV may indeed qualify as a lemon. This holds true even if the problems are primarily tied to software rather than traditional mechanical parts. The law recognizes that software is integral to the vehicle’s operation and that its defects can be just as debilitating as mechanical failures.
Tesla and Lemon Law: A Growing Concern
Tesla, as a pioneer and market leader in the EV space, is disproportionately represented in lemon law claims, often simply due to its higher volume of sales in California. While a significant portion of Tesla owners report high satisfaction, a notable segment reports recurring problems that lead them to seek legal recourse. Common issues reported by Tesla owners that frequently form the basis of lemon law claims include:
- Autopilot and Full Self-Driving (FSD) Malfunctions: Given the prominence of these features, their failures are a frequent source of complaint, impacting safety and usability.
- Panel Alignment and Fitment Issues: Despite the premium price, some Tesla vehicles are delivered with noticeable aesthetic and structural imperfections, which can affect value and long-term durability.
- Poor Service and Delayed Repair Times: Tesla’s service infrastructure has sometimes struggled to keep up with its rapid sales growth, leading to lengthy waits for appointments and repairs, further exacerbating the frustration of owners with defective vehicles.
- Touchscreen or Software Crashes: The large central touchscreen, which controls most vehicle functions, can experience freezing, unresponsiveness, or complete crashes.
Tesla lemon law cases in California are becoming increasingly common, particularly when the manufacturer’s service centers demonstrate an inability to rectify the persistent problems after repeated visits or when repairs are subject to lengthy, unreasonable delays.
How Many Repair Attempts Are Required?
Determining a “reasonable number” of repair attempts is a critical aspect of qualifying under California’s EV lemon law. While each case is unique and judged on its specific facts, the law provides some general guidelines or presumptions to help establish when a vehicle likely qualifies as a lemon:
- Two or More Repair Attempts for a Serious Safety Issue: If the defect poses a substantial risk of death or serious bodily injury (e.g., sudden loss of power, brake failure, fire risk), only two unsuccessful repair attempts are typically required.
- Four or More Attempts for a Less Critical Defect: For issues that significantly impair the vehicle’s use or value but do not pose an immediate life-threatening risk, four or more repair attempts for the same issue are generally considered reasonable.
- Your EV Has Been in the Shop for 30+ Days Total (Not Necessarily Consecutive): If the vehicle has been out of service for repairs for a cumulative total of 30 or more calendar days within the warranty period, it may also qualify as a lemon, regardless of the number of repair attempts for specific issues. This presumption recognizes the significant inconvenience and loss of use experienced by the owner.
It’s crucial to reiterate that these are guidelines. Even if your specific situation doesn’t precisely match these numbers, you may still qualify. For instance, if a less critical defect has been attempted to be repaired three times, but the issue is particularly egregious or has caused substantial inconvenience, a judge or arbitrator might still deem it a lemon. The overarching principle is whether the manufacturer has been given a fair opportunity to fix the problem without success.
Used and Leased EVs: Are They Covered?
Used or leased EVs can qualify if the defect arose during the original factory warranty, or you purchased a certified pre-owned (CPO) vehicle with a manufacturer-backed warranty. Private-party sales are generally not covered unless the manufacturer’s warranty is still active and transferrable.
Think Your EV Might Be a Lemon? Let’s Review Your Case.
Don’t let a defective EV cost you time, money, and peace of mind. Whether it’s a Tesla or any other brand, if your electric vehicle keeps failing, you have legal rights. Contact Seven Law for a free case review.