Imagine biting into what you thought was a delicious, sweet apple, looking down, and realizing… it’s a lemon. That “sour experience” is the basis for a term used to describe purchasing a consumer good that’s, well, not-so-good.
In the automotive industry, the term “lemon” characterizes defective cars that cannot be repaired after a “reasonable” number of attempts. Luckily, there is legislation in place to safeguard the rights of drivers who have inadvertently purchased good vehicles that have gone sour.
Known as Lemon Law, this consumer protection program holds automakers accountable for manufacturing cars with defects that impair their drivability, safety, or value.
If you live in California and suspect you own a lemon, consider this guide a road map to relief. We will explain how your consumer rights are protected under California Lemon Law and demonstrate how to take advantage of these protections by consulting with a lemon law lawyer in California.
California Lemon Law
California’s Lemon Law is one of the strongest consumer protection measures in the United States. It safeguards buyers of new and certain used vehicles from manufacturing defects. Whether you’ve recently purchased a car or are considering buying one, understanding your rights is crucial for every California consumer.
What’s Covered Under California Lemon Law?
California Lemon Law provides comprehensive coverage for vehicles purchased or leased in the state. It extends to:
- New vehicles that are still under the manufacturer’s original warranty.
- Used or leased vehicles that are sold with the manufacturer’s new car warranty.
- Active-duty members of the Armed Forces stationed or residing in California—even if they bought or registered their vehicle outside the state.
When and Who Does Lemon Law Apply To?
Lemon Law applies when your vehicle exhibits persistent problems that the manufacturer fails to resolve after a “reasonable” number of repair attempts. To qualify for protection under California Lemon Law, your situation must meet three crucial criteria:
- The problem must be covered under the manufacturer’s new vehicle warranty.
- The issue must substantially impact your vehicle’s use, value, or safety.
- The problem cannot be a result of unauthorized modifications or unreasonable use of the vehicle after purchase.
When these conditions are met, the manufacturer has two obligations: they must either repurchase or replace your vehicle. As a consumer, you have the right to choose a refund instead of a replacement vehicle. However, timing is critical—you must act promptly and follow all legal requirements to successfully pursue your claim.
What Is a Reasonable Number of Repair Attempts?
California Lemon Law states that your car repair problems must occur within 18 months or 18,000 miles (whichever comes first) after purchase. Your repair attempts are considered “reasonable” if:
- The manufacturer or dealer has attempted to fix the same problem four or more times without success.
- Defects that could cause death or serious injury remain unresolved after two repair attempts.
- Your vehicle has spent more than 30 cumulative days in the shop for warranty-covered repairs.
What To Do If You Bought a Lemon
Discovering you’ve purchased a lemon vehicle can impact your safety and mobility. If you use a car to commute to work every day, it can also affect your ability to make a living. Take these steps to file a Lemon Law Claim, get compensated for your defective purchase, and get back on the road.
1.) First, familiarize yourself with your vehicle’s warranty and California’s Lemon Law provisions. Understanding these documents helps you identify exactly what’s covered and what actions might compromise your claim. For example, having repairs done at unauthorized facilities could invalidate your warranty coverage and weaken your Lemon Law claim.
2.) Documentation is crucial to building a strong case. Maintain detailed records of all repair attempts, including work orders, receipts, and communication with the dealer or manufacturer. Ask service technicians to document all your concerns in writing—even if they’re not addressing those specific issues during that visit. This paper trail is valuable evidence if you later pursue a claim.
3.) Research your vehicle’s make and model for similar reported issues. While not common, discovering that other owners have experienced similar problems can help substantiate your claim. Technical service bulletins or recalls related to your specific issue can provide additional support for your case.
4.) Given the complexity of Lemon Law claims, consult with a specialized attorney to significantly improve your chances of success. Many Lemon Law lawyers offer free initial consultations and work on a contingency basis, meaning they only get paid if they win your case. This makes legal representation more accessible, especially when dealing with large, resourceful automobile manufacturers.
Golden Lemon: California’s Top Lemon Law Firm
Don’t let a lemon impact your safety and livelihood. If you’re experiencing recurring vehicle problems, Golden Lemon by Compass Law Group, LLP is here to help. Our experienced team successfully handles lemon law claims every day, and we’re ready to put our expertise to work for you.
- Complete our 2-minute case evaluation form.
- Contact our team for a free consultation.
- Let us help you understand your rights and options.
- Get back on the road with confidence.
At Golden Lemon, we’re driven to get you driving again. Don’t wait until it’s too late. Reach out to our team today, and we will make sure you understand your rights for the strongest lemon law claim possible. Simply complete our 2-minute case evaluation form and schedule a free consultation to get started.
California Lemon Law FAQ’s
What happens if the manufacturer or dealer cannot repair my vehicle?
When a manufacturer or dealer is unable to repair a warrantied defect after a reasonable number of attempts, California Lemon Law states that they must either replace your vehicle or refund its purchase price. You have the right to choose between these two options.
Do I have to go to court to get help through the lemon law?
Not necessarily. Many vehicle manufacturers offer state-certified arbitration programs that can resolve your dispute without court intervention. While this path provides a potentially faster and less expensive alternative to court proceedings, make sure to consult with a lemon law attorney in California before agreeing to arbitration. Manufacturers offer less compensation than what is legally owed under California Lemon Law protection.
Does Lemon law apply to used vehicles with no warranty?
California’s Lemon Law protects new and used vehicles.
- Used Vehicles
Coverage applies if the car was sold with either an active manufacturer’s warranty or a written warranty from the dealership under specific conditions.
- Leased Vehicles
Leased vehicles are covered by Lemon Law when leased with a manufacturer’s new vehicle warranty. In these cases, compensation typically includes reimbursement for lease payments and the ability to terminate the lease early without penalties.
This distinction is important for used and leased car buyers to understand. While the law offers protection for warranted vehicles, it doesn’t cover used cars sold “as-is” or without warranty coverage. Always check the warranty status when purchasing a used car or leasing a vehicle in California.
