What Makes a Car a “Lemon” in California?

If you’ve recently purchased a New or Certified Pre-Owned vehicle in California and are experiencing persistent issues despite multiple repair attempts, you may be wondering if your car qualifies as a lemon under California law.

The good news is that the California Lemon Law provides robust protection for consumers who find themselves in this frustrating situation.

By understanding the key criteria and following the proper steps, you can determine if your defective vehicle is eligible for a buyback or replacement.

What to Know About California Lemon Law

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is designed to shield consumers from the financial and emotional burden of purchasing a faulty vehicle. The law applies to New and Certified Pre-Owned vehicles sold or leased in California that come with a manufacturer’s warranty.

It requires manufacturers to repair any substantial defect that impairs the vehicle’s use, value, or safety within a reasonable number of attempts.

One of the most critical aspects of the law is the concept of a “reasonable number of repair attempts.” Under California law, this is generally defined as:

• Four or more attempts to repair the same defect
• Two or more attempts to repair a defect that could cause serious injury or death
• 30 or more cumulative days out of service for repairs (not necessarily consecutive)

If your vehicle meets one of these criteria and the defect persists, it may qualify as a lemon under California law.

Identifying a Lemon Vehicle

To determine if your car is a lemon, start by asking yourself the following questions:

• Is your vehicle covered by a manufacturer’s warranty?
• Does your vehicle have a substantial defect that impairs its use, value, or safety?
• Have you given the manufacturer or dealer a reasonable number of attempts to repair the defect?
• Did the defect occur within the warranty period?

If you answered “yes” to all of these questions, your vehicle may qualify as a lemon. It’s essential to keep detailed records of all repair attempts, including dates, mileage, and descriptions of the issues. This documentation will be crucial when filing a Lemon Law claim.

Covered Vehicles Under the California Lemon Law

The California Lemon Law applies to a wide range of vehicles, including:

• Cars, trucks, and SUVs
• Motorcycles
• RVs and motorhomes (chassis, chassis cab, and drivetrain only)
• Dealer-owned vehicles and demonstrators

It’s important to note that the law covers both New and Certified Pre-Owned vehicles sold with a manufacturer’s warranty. If you’ve purchased a Certified Pre-Owned vehicle that’s still under warranty, you may be eligible for Lemon Law protection.

Some Things to Consider if You Suspect Your Car is a Lemon

If you believe your vehicle meets the criteria for being a lemon, here are some steps to consider:

1. Gather all repair records and documentation related to the defect.
2. Notify the manufacturer in writing of the problem and your desire for a buyback or replacement vehicle.
3. Consult with an experienced California Lemon Law attorney to discuss your case and legal options.
4. File a Lemon Law claim with the manufacturer or in the California court system.

Remember, there is a statute of limitations for filing a Lemon Law claim in California, so it’s crucial to act quickly. An experienced Lemon Law lawyer can guide you through the process, ensure your rights are protected, and help you secure the compensation you deserve.

Your Rights and Remedies Under the California Lemon Law

If your vehicle qualifies as a lemon, you are entitled to one of the following remedies:

• A replacement vehicle of the same make and model
• A refund of the purchase price minus an amount for the miles driven before the first repair attempt (also known as a lemon law buyback)

In addition, the manufacturer is responsible for paying your attorney’s fees and costs if you prevail in your Lemon Law case. This provision is designed to level the playing field and ensure that consumers can afford to assert their rights under the law.

Consulting with a California Lemon Law Attorney

Navigating the complexities of the California Lemon Law can be challenging, especially when dealing with large manufacturers and their legal teams. That’s why it’s essential to consult with an experienced California Lemon Law attorney as soon as you suspect your vehicle may be a lemon.

A skilled Lemon Law lawyer can assess your case, advise you on the best course of action, and represent your interests throughout the process. They can also help you gather the necessary evidence, negotiate with the manufacturer, and, if necessary, argue your case in court.

Take Action on Your Lemon Law Claim Today

If you’ve purchased a defective vehicle in California that meets the criteria outlined in this article, you may have a lemon on your hands. By understanding your rights under the California Lemon Law and consulting with an experienced Lemon Law attorney, you can seek the relief you deserve and get back on the road with a reliable vehicle.

Remember, the law is on your side. Don’t hesitate to file a claim if you believe your car qualifies as a lemon. With the help of a knowledgeable California Lemon Law firm like Mission Law Group, you can navigate the process with confidence and get the compensation you’re entitled to under the law.

Contact us today for a free consultation, and let us guide you through the process.

*Disclaimer: This information is for educational purposes only and does not constitute legal advice. Each case is unique, and results may vary based on individual circumstances.