Got a Lemon Car in California? Your Legal Rights and Next Steps Explained
Purchased a defective vehicle that just can’t seem to get fixed? Under California’s strong “lemon laws,” consumers have important rights in these frustrating situations.
This guide covers everything you need to know about qualifying for relief, navigating the claims process, and understanding the key options available.
What Constitutes a “Lemon” Vehicle?
California’s lemon law, known officially as the Song-Beverly Consumer Warranty Act, deems a vehicle a “lemon” if it meets specific criteria:
- It has a defect that substantially impairs the use, value, or safety
- The issue arises while the vehicle remains under the manufacturer’s express warranty
- The dealer has made one or more attempts to repair the issue without success
A car typically meets state lemon law standards if either of the following occurs [1]:
- Two or more repair attempts fail to fix the same safety-related defect
- Four or more repair attempts fail to fix the same defect
- The vehicle spent 30 or more total days out of service by a dealer while still under warranty
Recent statistics show that many used car owners experience major mechanical problems annually. Reviewing vehicle history reports and careful inspection can minimize the risks of buying unreliable models prone to warranty claims.
Coverage for New vs. Used Car Purchases
California lemon laws protect both new and used car buyers, with slightly different terms [2]:
- New Cars: Full coverage for up to 4 years from the original lease/purchase date or up to 18,000 miles when the defect is first discovered
- Used Cars: Coverage based on the manufacturer’s express warranty duration (minimum 30 days/1,000 miles under CA regulations)
Documentation Required for Claims Process
To demonstrate your experiences to manufacturers, dealers, state agencies, and courts (if necessary), be prepared with documentation like:
- Full repair records from each dealership visit
- Written exchanges with vehicle manufacturers regarding defects
- Original sales contracts or lease paperwork
- Official registration and up-to-date mileage verification
“Parts and labor paperwork trails are vital,” says lemon law attorney Charles P . “It’s crucial to illustrate the repeated failed attempts addressing the same underlying issue within warranty parameters.”
Your Legal Options If You Qualify Under CA Lemon Law
The Song-Beverly Act grants two options if your vehicle meets state lemon criteria:
- Refund: Receive reimbursement of the full purchase price or lease payments made to date, minus a minor usage deduction determined by mileage. Applies to both purchased and leased vehicles.
- Replacement: Exchange your defective vehicle for an identical or comparable replacement model. Note the manufacturer must provide a same-make replacement vehicle, even if your particular model has been discontinued.
The law specifies consumers qualify for “reasonable” financial compensation covering ancillary expenses incurred because of the vehicle’s deficiencies – such as rental car fees, towing to repair facilities, and related diagnosis/repair costs.
Is Legal Representation Necessary to Pursue Claims?
You can initiate a lemon law claim directly with the automaker through their dispute settlement program without an attorney’s involvement, submitting the required documentation yourself.
However, data indicates consumers working with qualified lemon law attorneys experience much faster resolution times and receive average compensation amounts more than double those received from direct filings [3] rather than using a DIY lawyer website.
Benefits professional legal support provides include:
- Ensuring your case paperwork meets all technical demands
- Leveraging their negotiating expertise and previous case experience
- Legally compelling manufacturers to respond – including taking legal action if warranted
With so much at stake regarding your rights and financial resources as a consumer, consulting with a seasoned attorney can optimize outcomes from the claims process.
References:
[1] https://oag.ca.gov/consumers/general/cars
[2] https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf
If you believe that your dealership sold you a bad car, call our auto fraud lawyers for immediate help (and free case evaluation!)
Everyone that helped prep and present my case was thorough and answered all my questions. Their response time is absolutely amazing. Very knowledgeable and a great strong team. -Lisa J.