Buying a new car should be an exciting and hassle-free experience. But what happens when your vehicle develops persistent issues that won’t go away, even after multiple repair attempts? If you’re facing this frustrating situation, you may be wondering what to do if your car is a lemon. Fortunately, California’s Lemon Law provides strong consumer protections, ensuring that you don’t have to keep driving a defective vehicle. Here’s a step-by-step guide on how to handle the situation effectively.
Step 1: Recognize the Signs of a Lemon
A lemon is a vehicle that has serious defects that significantly affect its use, safety, or value, and these defects persist despite reasonable repair attempts. Common signs that your car might be a lemon include:
- Repeated mechanical failures that impact the car’s drivability
- Safety-related issues such as brake, steering, or airbag malfunctions
- Electrical problems causing malfunctions in essential systems
- Persistent engine, transmission, or suspension issues
- Multiple trips to the dealership with no lasting solution
If your new car has any of these problems and they haven’t been successfully repaired, it’s time to consider legal options under the Lemon Law.
Step 2: Review Your Warranty Coverage
California’s Lemon Law only applies to vehicles still under the manufacturer’s original warranty. This includes:
- New vehicles purchased or leased for personal, family, or household use
- Certified pre-owned vehicles with remaining factory warranties
- Certain commercial vehicles under 10,000 pounds used by small businesses
If your warranty has expired, you may have limited legal recourse, so always check your warranty period before proceeding.
Step 3: Document the Issues and Repairs
To build a strong case, it’s essential to document all issues and repair attempts. Keep a record of:
- Repair orders and invoices from the dealership
- Dates and descriptions of each repair visit
- Written complaints or correspondence with the manufacturer
- Photos or videos showing the problem
The more documentation you have, the easier it will be to prove that your vehicle meets the criteria for a lemon.
Step 4: Allow the Manufacturer a Reasonable Number of Repair Attempts
California law requires manufacturers to be given a “reasonable” number of chances to fix the defect before a vehicle is declared a lemon. This typically means:
- At least two repair attempts for a defect that poses a serious safety risk (e.g., faulty brakes or steering)
- At least four repair attempts for non-safety-related defects
- 30 or more cumulative days in the shop for repairs within the first 18 months or 18,000 miles
If the dealership has had multiple opportunities to fix your car and the problem persists, your vehicle may qualify as a lemon.
Step 5: Notify the Manufacturer
Before you can pursue a legal claim, you must formally notify the manufacturer about the ongoing issues. Some manufacturers have specific procedures for filing complaints, so check your owner’s manual or the company’s website. Provide a clear summary of the defect, repair attempts, and how it has impacted your ability to use the vehicle.
Step 6: Request a Buyback or Replacement
If your car qualifies as a lemon, you can request one of the following remedies:
- A Buyback (Refund) – The manufacturer repurchases your vehicle and refunds the full purchase price, including taxes and fees, minus a deduction for mileage used before the defect appeared.
- A Replacement Vehicle – The manufacturer provides a comparable replacement vehicle at no additional cost.
You have the right to choose which option best suits your needs, and you are not obligated to accept an unfair settlement.
Step 7: Contact a California Lemon Law Attorney
If the manufacturer refuses to comply with your request for a refund or replacement, your best option is to consult a Lemon Law attorney. An experienced attorney can help you:
- Evaluate your case and determine if you qualify under the law
- Gather the necessary evidence to support your claim
- Negotiate with the manufacturer for a fair settlement
- File a lawsuit if the manufacturer refuses to resolve the issue
Many Lemon Law attorneys, including Seven Law, offer free consultations and work on a contingency basis, meaning you pay nothing unless you win your case.
Step 8: File a Lemon Law Claim
If negotiations fail, your attorney can file a formal Lemon Law claim against the manufacturer. Most cases settle before going to court, but if a lawsuit is necessary, you may be entitled to compensation beyond a refund or replacement, such as reimbursement for legal fees and additional damages.
Step 9: Return the Vehicle and Receive Compensation
Once your claim is successful, you will need to return the defective vehicle to the manufacturer in exchange for your refund or replacement. The manufacturer will issue payment based on the terms of your settlement, ensuring that you no longer have to deal with the defective car.
Step 10: Learn from the Experience
While no one expects to end up with a lemon, the experience can serve as a valuable lesson. To protect yourself in the future:
- Research vehicle reliability ratings before purchasing
- Consider an extended warranty for additional coverage
- Keep all service and repair records from day one
- Understand your rights under California’s Lemon Law
Conclusion
If you’re wondering what to do if your car is a lemon, the key steps are to document the issues, give the dealership a reasonable opportunity to fix the problem, and seek legal assistance if the manufacturer refuses to cooperate. California’s Lemon Law is designed to protect consumers from being stuck with defective vehicles, and with the right approach, you can secure a refund or replacement.
If you believe your new car is a lemon, contact Seven Law today for a free consultation and let us help you fight for the compensation you deserve.