Nobody expects to drive off the lot with a lemon when they purchase a new or used vehicle from a dealership. But if the dealership sold you a bad car that has defects that just can’t seem to get fixed properly, don’t give up hope.
As a consumer in California, you have valuable rights under the state’s lemon law that could entitle you to a refund, replacement vehicle, or other compensation from the manufacturer.
The key is understanding what qualifies as a “lemon” and the protections the law provides for people in your situation. With the right knowledge and support, you can take action to address the faulty vehicle the dealership sold you.
The Criteria for a “Lemon” Vehicle in California
Under California’s lemon law, officially called the Song-Beverly Consumer Warranty Act, a vehicle qualifies as a “lemon” if it meets all of the following requirements:
- It has a defect that substantially impairs the vehicle’s use, value, or safety to the consumer
- This defect surfaced while the vehicle was still covered under the manufacturer’s warranty
- The dealer attempted to repair the defect one or more times but was unable to fix it
More specifically, the law states a vehicle will be deemed a lemon if any of these situations occur within the warranty period:
- The same defect related to safety has been subject to two or more unsuccessful repair attempts
- The same non-safety defect has been subject to four or more unsuccessful repair attempts
- The vehicle has been out of service for a total of 30 days or longer for repairs on any defect(s)
It’s wise for used car buyers in particular to exercise caution, as recent data shows many owners experience significant mechanical issues each year. Reviewing a vehicle history report and getting a thorough pre-purchase inspection can help identify problematic models prone to lemon law warranty claims down the road.
Lemon Law Differences: Purchasing New vs. Used
While California’s lemon law provides valuable rights for both new and used car buyers, there are some key differences in how the protections apply:
New Vehicle Purchases
- Full lemon law coverage extends for 4 years from the original purchase/lease date
- Or until the vehicle has 18,000 miles on the odometer when the defect first arises
- Whichever of those milestones comes first sets the lemon law coverage window
Used Vehicle Purchases
- Coverage is tied to the length of the manufacturer’s remaining express warranty
- California regulations require a minimum powertrain warranty of 30 days/1,000 miles on used cars
- So at the very least, used cars have short-term lemon law protections during this basic warranty
Essentially, new car buyers receive the full slate of lemon law rights for a set number of years/miles. Used buyers rely on whatever portion of the manufacturer’s warranty still applies when the defect manifests. Securing lemon law coverage reinforces why carefully checking remaining warranty terms is so crucial for used purchases.
The lemon law process and requirements for providing evidence are otherwise the same for new and pre-owned qualifying vehicles. Keeping detailed repair records from every dealer visit is vital for both new and used car owners seeking recourse under these consumer protection statutes.
Key Documents Needed for a Lemon Law Claim
To successfully make your case and demonstrate the vehicle’s defects to manufacturers, dealers, state agencies, and potentially courts, it’s crucial to have thorough documentation prepared. This paperwork serves as evidence backing up your lemon law claim. Some key documents you’ll want to have on hand include:
- Complete repair orders and invoices from every dealership visit related to the defect(s)
- Copies of any written communications with the vehicle manufacturer about the defect, repair attempts, and your concerns
- The original purchase/lease contract for the vehicle
- Current registration and mileage records to show when the defect arose relative to purchase date/odometer reading
“A solid paperwork trail is absolutely vital for lemon law claims,” says attorney Charles P. of Consumer Action Law Group. “You need these documents to clearly illustrate the repeated failed repair attempts for the same issue all occurring within the manufacturer’s warranty period.”
Without comprehensive records, it becomes extremely difficult to meet the evidence requirements for forced buyback or replacement under lemon law provisions. Maintaining a file with these documents from the very first repair visit can save a lot of headaches and hassles later on if you need to pursue a lemon law case.
Lemon Law Rights: Your Options as a California Consumer
If your vehicle meets the criteria laid out in California’s lemon law, the Song-Beverly Consumer Warranty Act provides you with two potential remedies:
- Refund: You can pursue reimbursement of the full purchase price you paid for the vehicle or all the lease payments you’ve made to date if leased. There is a minor deduction allowed based on the mileage driven before the defect arose. This refund option applies equally to purchased or leased vehicles.
- Replacement: Alternatively, you can request a replacement vehicle of the same make, model, and trim level as your original purchase. Manufacturers must provide a comparable replacement, even if they’ve discontinued production of your specific vehicle model.
In addition to either a refund or replacement, the lemon law also entitles you to receive reasonable compensation for the ancillary costs and hassles caused by the vehicle’s defects. This can include reimbursement for:
- Rental car fees while your vehicle was in the shop
- Towing charges to transport it to/from repair facilities
- Costs for repair diagnosis, parts, and labor attempts
The law requires manufacturers to fully address all the expenses and inconveniences you unfairly experienced as a result of purchasing a severely defective vehicle. Working with a lemon law attorney helps ensure you receive the full compensation you deserve.
The Benefits of Legal Representation in Lemon Law Cases
Did Your Dealership Sell You a Lemon? Get Justice with Consumer Action Law Group
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.