What is the Lemon Law in California?

The lemon law in California protects car owners if their vehicle has defects that cannot be repaired after a “reasonable” number of repair attempts. The law covers all new and used vehicles as long as they are still under the manufacturer’s warranty period. Under the law, car buyers have the right to return a lemon car and get a replacement or refund when the vehicle they purchased ends up being a lemon.

If you think you bought a lemon car, contacting a lemon law attorney can help you figure out if you have a valid claim. There are many details that need to be taken into consideration to determine if your vehicle would be considered a lemon. If you tell a lawyer about your situation, they will be able to figure out if you have a case worth pursuing.

“My case was one “bad deal with a vehicle” and dealership”, now i was stuck with major bills and pending work in that vehicle. I thought it was a lost.! After consulting and researching, this firm took the bull down from its horns, and justice was served…case close, they fought hard for my case to be a success.. THANK YOU EVERYONE IN THE FIRM..and THANK YOU for your dedication, case follow-up status, and patience. 5+ stars”

– Edenilson C.

How does a Car Qualify for Lemon Law in California?

According to the Department of Consumer Affairs, the California Lemon Law protects both new and used vehicles either sold or leased in California, as long as they come with the manufacturer’s new vehicle warranty. So, if the manufacturer or dealership fails to repair the car within a certain period and a reasonable number of repair attempts, then they must either repurchase the car (and refund the cash) or provide a replacement.

In California, a car is considered a lemon if it shows one or more of the following issues while the Manufacturer’s warranty is still in effect:

• At least one or two attempts to fix a substantial defect (a defect that could result in serious injury or death).
• OR, At least one attempt to fix an issue within the manufacturer’s warranty period, plus 1-2 more attempts to fix the same issue without any solution to the problem.
• OR, The dealership kept the car for over 30 days in total for repair.

Remember that it does not have to be consecutively 30 days. If your multiple visits to the dealership add up to a total of 30 days, then the lemon law will still take effect. If your car qualifies for lemon law in California, you are entitled to a replacement or refund.

What California Lemon Law Covers:

It is also important to know when your car does not qualify for lemon law in California. Here are some scenarios when a vehicle is most likely not covered under the California lemon law:

1. Your new vehicle or used vehicle was not covered by the original manufacturer’s warranty at the time of the first repair.
2. Your vehicle was sold or leased outside of California (in another state).

While these California lemon law requirements are good indicators for determining if a car is a lemon, the car might still qualify as a lemon depending on the situation. Consulting with an attorney will help you get a better idea of if your car is a lemon or not.

How many repair attempts do I need for a lemon?

California Lemon Law covers both new and used cars, as well as purchased and leased vehicles. Under the law, a dealer must have made a “reasonable number of attempts” to repair a defect in your car while the warranty applies. In reality, at least 2-4 unsuccessful attempts to repair a defect with the vehicle must be made.

An exception applies if the repairs are being made to correct a “serious safety defect” (one likely to cause serious bodily injury), which would include brake failure, suspension, steering, and frame issues.

For serious safety defects, the Lemon Law requires that the dealer make 1-2 unsuccessful repair attempts before the Lemon Law becomes effective. Please note that the dealer or manufacturer is allowed 3-4 attempts to correct an issue that would not constitute a serious safety defect.

When to File a Lemon Law Claim

You may file a Lemon Law claim if the dealer or manufacturer has been unable to repair a defect after multiple times in the shop. According to California Lemon Law, a reasonable number of repair attempts is usually 3-4 times to correct the same problem, or if your car is in the repair shop for a total of over 30 days. If the issue with the vehicle is a safety defect — an issue with the car that could cause harm to the driver, occupants, or others — the Lemon Law usually kicks in after 1-2 failed repair attempts.

How To File Lemon Law In California

If you believe that you purchased a lemon car, we recommend doing the following to file a lemon law claim.

1. Take Your Vehicle To The Dealership For Repairs

For a vehicle to be considered a lemon under state law, dealerships must have had a “reasonable” number of attempts to repair the car. If your car is still experiencing defects after the dealership had at least two repair attempts, you might have a lemon in your possession.

It is important to keep records of all repairs that were made to your vehicle such as repair invoices and receipts. It will be handy to have them in case you need to provide proof of the attempted repairs.

2. Gather Documents To Prove Your Lemon Law Claim

The next step will be to gather all documents that will help prove your lemon law claim. These can include:

• Copy of your purchase or lease agreement
• Repair invoices and/or receipts
• Warranty that came with your car purchase
• Records of communication between you and the dealership and manufacturer such as texts and emails

3. Hire An Experienced California Lemon Law Attorney

While it is not necessary to hire a lemon law attorney to pursue a lemon law claim, it is highly recommended to do so. You can save time on researching legal processes and be sure that your claim is being processed correctly. If the manufacturer knows that you are filing a claim by yourself, they may try to take advantage of the fact and make the process more difficult for you.

Does the Manufacturer’s Warranty cover repairs?

The California Lemon Law will protect owners of motor vehicles purchased for the duration of the manufacturer’s or authorized dealer’s written warranty period. If the owner of the vehicle has a certified extended warranty from the manufacturer, Lemon Law will usually cover the car for that extended period as well.

Even if the warranty has expired, if the manufacturer or dealer has (unsuccessfully) attempted a repair during the warranty period, you may still be covered by Lemon Law. A claim may not succeed if the defect in the vehicle is not brought to the dealer’s or manufacturer’s attention until after the warranty period has expired.

How Do Lemon Law Claims get resolved?

Consumers have two options with regard to the Lemon Law resolution. First, you can contact an attorney experienced with the Lemon Law litigation process. Most attorneys work on a contingency fee basis – they only charge you if they obtain favorable results. Once a claim is filed in court, the typical resolution or outcome is either a buyback with a full refund and return of the vehicle or an exchange with a trade for a replacement vehicle.

A second option would be to go to binding arbitration through the state-certified arbitration program. The downside of state-certified arbitration is that you would be going it alone…there is no attorney there to assist you. In addition, not all manufacturers are signed up with the arbitration program. Many consumers obtain better results with an attorney experienced with Lemon Law since they are very familiar with the process.

Knowing When California’s Lemon Law Applies

California’s Lemon Law applies under various circumstances. First, if the dealer or manufacturer has unsuccessfully attempted a repair a “reasonable” number of times, or the vehicle has been out of service for a total of 30 days while attempting the repair, during the warranty period, the state’s Lemon Law may be applicable. Whether purchased or leased, your car may be considered a defective vehicle (i.e., the vehicle is a lemon) if multiple repair attempts to fix the same issue have failed.

The Lemon Law usually applies only to the original manufacturer’s warranty; not to most extended warranties. Also, if a dealer knowingly sold a vehicle that had previously been in an accident, or had a salvage title, and did not disclose this at the time of purchase, the Lemon Law would be in play.

Your Rights as a Consumer in California

Consumers often don’t know their rights and think that they’re stuck with a defective vehicle. We’ve heard people say that their defective vehicle is simply collecting dust in the garage and they feel powerless. In some cases, the dealership kept the car so long for repairs that the consumer ended up buying a new car while still paying for their lemon!

The California lemon law protects consumers from having to deal with a defective product. So, if you have a lemon car, lemon law attorneys can help you get (one of) the following:

• Refund: the manufacturer or dealership will repurchase the car and refund your money.
• Replacement: the consumer will get a replacement for the defective car.
• Reimbursement: the consumer will be reimbursed for the attorney fee, repairs, and other reasonable costs. 

If you or someone from your family has a defective vehicle and the dealership refuses to cooperate, then speaking to an auto fraud attorney would be the best choice. Failing to fix a defect versus refusing to fix it is different from a lemon claim and should be consulted with an auto fraud attorney.

Lemon Law in California for Used Cars

While the lemon law applies mainly to new cars, the lemon law does apply to used vehicles as well as long as the vehicle is still under the manufacturer’s new car warranty.

In California, if you purchased a pre-owned car with over 18,000 miles, after 18 months, and after the car’s warranty has expired, the lemon law will most likely not apply to the car (though it depends on the situation).

A used car does qualify as a lemon if it is sold with a manufacturer warranty within 18 months of purchase and has not incurred 18,000 miles.

I have a Lemon Car in California  – What Should I Do?

Once you know that you have a lemon car, the first step is to document your case. Send a letter to the car manufacturer outlining the problems you’re having with the lemon car and ask them for a buy-back (refund).

Make sure to send the letter via certified mail to the manufacturer’s address (from your vehicle’s owner manual), requesting a return receipt. Calling the manufacturer first is not recommended because it will only delay the documentation phase.

If the car manufacturer refuses to buy back the defective car, your options are to contact a lemon law attorney or an arbitration program. Arbitration programs are known to be biased toward the manufacturer. Instead, contacting a lemon law attorney can get you sound legal advice on what to do next.

Exercising Your Rights Under the Lemon Law

If you have read and understood what lemon law is in California and you believe that you have a lemon car, contact a California lemon law attorney immediately for help. You have rights under the California lemon law and you should exercise them to your advantage.

Remember that if you have a lemon car, you might be entitled to these compensations:

• Refund – the dealership or manufacturer will buy back the lemon from you
• Replacement – you turn in your lemon and the dealership or manufacturer will provide you with a replacement vehicle with the same or similar model
• Reimbursement – the dealership or manufacturer will pay for any repairs and other costs that you put into the lemon car

If you or someone you know purchased a defective vehicle, contact a lemon law attorney for help. The attorney will evaluate your situation and give you the next best steps for you to take.