If you’ve purchased a vehicle that’s spending more time in the repair shop than on the road, the lemon law in CA can help. At Consumer Action Law Group, we help consumers understand their rights and get compensation for their defective vehicles.
What is California Lemon Law?
California lemon law provides protection for consumers who purchase or lease defective vehicles that are still under the manufacturer’s warranty. California lemon laws ensure that vehicle manufacturers take responsibility for cars they make that don’t meet quality and performance standards. Under California’s lemon law, if your vehicle has substantial defects that persist after multiple repair attempts, you may be entitled to a refund or replacement vehicle.
Qualifying Under California Lemon Law
For your vehicle to qualify as a lemon under California law, it must have:
- Substantial defects covered by the manufacturer’s warranty
- Problems that impair the vehicle’s use, value, or safety
- Issues that persist after a reasonable number of repair attempts
Some vehicles can still qualify as a lemon even if they don’t meet the “requirements” above depending on their circumstances. Talk to a lemon lawyer if this is the case for you.
Many people believe that the lemon law only applies to new cars, but it can also apply to used cars, which include:
- Cars still under the manufacturer’s warranty
- Leased vehicles
- Many certified pre-owned vehicles with written warranty coverage
Eligibility Criteria for Lemon Law Protection
To be eligible for protection under the California Lemon Law, your vehicle must meet specific criteria. The law covers a wide range of vehicles, including new and used cars, trucks, SUVs, and motorcycles, provided they were purchased or leased in California.
A vehicle can qualify for lemon law if it has a defect or condition that impairs the vehicle’s use, value, or safety and if the issue persists after a reasonable number of repair attempts by a qualified mechanic. For serious safety defects, it may require only one unsuccessful repair attempt for it to qualify for lemon law. For minor defects, it may require at least four unsuccessful repair attempts for the vehicle to count as a lemon car.
Understanding these criteria is crucial for determining whether your vehicle qualifies for protection under California’s lemon law. If your vehicle meets these conditions, you may be entitled to a refund or a replacement vehicle.
The “Lemon Law Presumption” in California
In California, the lemon law presumes that a vehicle is a lemon if any of these occurred within the first 18 months or 18,000 miles after purchasing or leasing a vehicle:
- The vehicle has been in the repair shop for 30 days or more
- Four or more attempts have been made to fix various substantial defects
- A single repair attempt for a defect that could cause serious bodily injury
Remedies Under California Lemon Law
When your vehicle qualifies as a lemon, the law ensures you receive appropriate compensation. You have two primary remedies under the law: a replacement vehicle or a buyback (refund).
A replacement vehicle should match your original purchase in value and features. The automobile manufacturer will be responsible for providing a vehicle that meets all specifications of your original purchase.
If you choose a buyback, California lemon law you will be able to pursue compensation that includes:
- Full purchase price refund
- Registration and license fees
- Finance charges and interest paid
- Incidental costs such as:
- Towing expenses
- Rental car fees
- Transportation costs related to repairs
- Diagnostic fees
Keep in mind that you will need proof of the buyback amount that you will demand from the manufacturer. It will be helpful to keep any invoices and receipts of any cost that you incurred while in possession of the vehicle.
The law also permits manufacturers to deduct a reasonable amount for vehicle usage before problems began. This calculation considers the mileage when you first reported the defect to determine fair compensation.
Working with a Lemon Law Attorney
Pursuing a lemon law claim against the manufacturer will require comprehensive knowledge of the law. An experienced lemon law attorney knows the ins and outs of the lemon law, and will significantly improve your chances of winning your case.
Here are some of the things that your attorney will do towards the beginning of your case:
- Review documents related to your claim (contract, repair orders, etc.)
- Assess whether your vehicle meets lemon law criteria
- Determine optimal strategy for your situation (i.e. how can we get you the best outcome?)
- Identify potential pushback from manufacturers
Your attorney will also handle various things throughout the case, such as:
- Communicating with the manufacturer
- Negotiating settlement terms
- Court filings if legal action becomes necessary
Most importantly, experienced attorneys are familiar with tactics that manufacturers use to push back against us and can often secure better settlements than consumers can achieve alone.
Documentation: Building a Strong Lemon Law Case
Proper documentation strengthens your lemon law claim and protects against manufacturer challenges. Vehicle manufacturers often dispute claims lacking sufficient evidence, making thorough record-keeping essential for success.
Repair History Documentation
Here are some documents that will be helpful to have in a lemon law case:
- Dates and times of all repair visits
- Specific problems reported
- Work performed during each visit
- Names of service personnel
- Results of repair attempts
- Total days in the repair shop
Communication Records
You should also save records you have of communication between the manufacturer and dealership:
- Written correspondence (emails, letters)
- Text messages and chat logs
- Phone call notes including:
- Date and time
- Person contacted
- Discussion points
- Promised actions
- Follow-up requirements
Essential Vehicle Documentation
It will also be a good idea to keep organized files of all vehicle-related paperwork:
- Purchase or lease agreement
- Original manufacturer’s warranty
- Extended warranty documentation
- Vehicle registration
- Financing documents
- Insurance records
- Receipts for:
- Alternative transportation
- Towing services
- Repair-related expenses
- Diagnostic fees
Types of Vehicles Covered
California lemon law coverage encompasses a broad range of motor vehicles, protecting consumers across various purchase scenarios. Understanding which vehicles qualify helps consumers assert their rights effectively when dealing with defective vehicles.
New Vehicle Coverage
New vehicles represent the most straightforward cases under California lemon law. These vehicles must meet specific criteria for coverage:
Primary Use Requirements:
- Personal, family, or household use vehicles
- Business vehicles (limited to businesses owning fewer than 5 vehicles)
- Vehicles purchased or leased primarily for California use
Vehicle Categories Protected:
- Passenger cars and trucks
- SUVs and crossovers
- Motorcycles and motorhomes
- Dealer demonstrator vehicles
- Fleet vehicles meeting ownership requirements
Used Vehicle Protection
Used vehicles often qualify for protection under California lemon law, particularly when warranty coverage exists. Coverage typically applies in these scenarios:
Warranty Situations:
- Vehicles under original manufacturer’s warranty
- Certified pre-owned with extended warranty coverage
- Dealer-provided written warranty protection
- Implied warranty of merchantability cases
Contact Consumer Action Law Group for Lemon Law Help in CA
As a top lemon law firm in California, we have heard stories from thousands of people who have had issues with their cars soon after purchase. Some people bought their car because it was their dream car while others purchased it for practical reasons; they used it to commute or to drive their family. Whatever the reason, no one should be stuck with a lemon car.
If you believe that the car you purchased is a lemon and would like to be compensated, give our office a call. Tell us your situation during your free initial consultation to see how Consumer Action Law Group can help. We’ve helped hundreds of clients get their money back or a replacement vehicle and can do the same for you.
Contact Consumer Action Law Group today to schedule your free consultation. Give us a call at (818) 254-8413 or fill out our contact form to take the first step toward resolving your vehicle problems.