If your car is a lemon, it basically means that your car has one or more substantial safety defects that affect its value, use, or safety. A qualified mechanic might also have attempted to fix the defect but was not able to, or it’s taking longer than 30 days to attempt repairing the car.
Driving a lemon is considered dangerous because it can mean that the defect is significant enough to make the vehicle unsafe to drive in. It’s also dangerous because if the mechanic takes longer than 30 days to repair the defect, it can mean that the defect cannot be fixed. In either case, driving a lemon can be dangerous and you should look to get reimbursed by the dealership as soon as possible.
Fortunately, California’s lemon law is one of the strongest consumer protection laws in California. If you think that your vehicle is a lemon, you can get your money back or get a replacement vehicle from the manufacturer. But first, let’s take a closer look at the qualifications that make a vehicle a lemon car.
What is Considered a Lemon Car?
A vehicle is considered a lemon car if it has significant defects that affect its value, use, or safety, or if it was under repair for more than 30 days cumulatively (meaning 30 days across multiple repair attempts also count). In either case, the defect must be one that is covered by the manufacturer’s warranty.
The first reason is pretty straightforward – if the defects are bad enough that it makes the car dangerous to drive in, let’s say a faulty brake, it’s a lemon. For the second reason, a simple defect should normally be taken care of in a short amount of time. If it’s taking the mechanic too long to fix or the issue keeps happening even after multiple repair attempts, it most likely means that the defect is a manufacturing defect that cannot be fixed.
Why is it Called a Lemon Car?
Defective vehicles that can’t be repaired are called lemon cars because of the sour taste they leave in the consumer’s mouths. The term lemon started back in the early 20th century and was later adopted by the automotive industry to describe defective vehicles.
California Lemon Law Time Limit
Generally, in California, the time limit to pursue a lemon claim is about four years. The four-year limit starts when the consumer first experiences the warrantable defects. While consumers have four years to file their claim, they should do it as soon as possible to avoid any unforeseen circumstances that can come up.
This is why having an experienced lemon law attorney on your side will be helpful in getting the best chance of getting a favorable outcome for your lemon law claim.
Lemon Car Law in California
In California, the lemon law allows consumers to pursue a remedy if their cars end up being lemons. The consumer can pursue a lemon law buyback, a replacement car, and in some cases, a cash and keep. Used cars can be a lemon as well, as long as the defect occurred while under the manufacturer’s warranty.
In a lemon law buyback, the manufacturer buys back the consumer’s lemon vehicle. This buyback amount includes the purchase price, sales tax, registration fees, down payment, monthly payments, and other expenses that went into the vehicle; the consumer would be reimbursed for these expenses.
In a replacement vehicle scenario, the consumer will return the vehicle, and the manufacturer will provide a vehicle that is of equal value, or as close as they can, to the lemon vehicle.
In rare cases, a cash and keep might be the outcome of a lemon case. A cash and keep is where the consumer receives compensation for the lemon vehicle while keeping the car. This is not a common occurrence as the consumer will still be driving a defective vehicle.
Contact Our Experienced Lemon Law Firm
In most lemon cases, it’s important that the consumer gets their claims taken care of as soon as possible. Not only will they get a refund or a replacement vehicle faster, but they get to ditch a car that can be potentially life-threatening to drive in.
When you contact our law firm, you’ll be connected to one of our team members who will then ask a series of questions to see if your car might qualify as a lemon. Even if you don’t have a case, we will be able to give you some advice on steps you can take to resolve your issue.
Give us a call at (818) 254-8413 for your free consultation today!
