What to Do If You Think Your Car Is a “Lemon” in California

When you’ve invested thousands of dollars in a vehicle that keeps breaking down or showing persistent defects, the frustration can be overwhelming. If you find yourself repeatedly visiting repair shops for the same issues, you might be dealing with a “lemon.” But what exactly should you do about it?

This guide will walk you through the steps to take if you believe your car qualifies as a lemon under California law.

What Makes a “Lemon” Under California Lemon Law

California’s Lemon Law (officially known as the Song-Beverly Consumer Warranty Act) provides protection for consumers who purchase or lease defective vehicles. The law requires manufacturers to repair, replace, or refund vehicles that they cannot fix after a “reasonable number of attempts” during the warranty period.

To qualify under California’s Lemon Law, your vehicle must:

• Be covered by the manufacturer’s original warranty
• Have substantial defects that impair the vehicle’s use, value, or safety
• Have undergone multiple unsuccessful repair attempts by an authorized dealer
• Be out of service for a significant period (often 30 cumulative days or more) due to repairs

Step 1: Document Everything

The moment you suspect your vehicle might be a lemon, start documenting everything. This documentation will be crucial if you decide to pursue a Lemon Law claim:

• Keep all repair orders and invoices: These documents provide proof of your repair attempts and the persistent nature of the defects.
• Maintain a detailed log: Note each time your vehicle experiences problems, the dates you took it in for repairs, and how long it was in the shop.
• Save all communications: Keep copies of emails, letters, or text messages between you and the dealer or manufacturer.
• Take photos or videos: Visual evidence of defects can strengthen your case.

Step 2: Report Problems Promptly

When issues arise, don’t delay in reporting them:

• Notify your dealer immediately when you notice a defect
• Make sure the problem is documented on the repair order, with specific details about the issue
• Request a copy of every repair order
• Follow up with the manufacturer if dealer repairs are unsuccessful

Remember, defects must be reported while your vehicle is still under warranty to be covered by the Lemon Law.

Step 3: Continue Seeking Repairs Under Warranty

It’s essential to give the manufacturer a “reasonable opportunity” to fix the problems:

• Always take your vehicle to an authorized dealer for warranty repairs
• Be specific about the problems you’re experiencing
• Ensure that all issues are documented on the repair order
• Keep your vehicle in for repairs as long as necessary to fix the problems

California’s Lemon Law presumes a “reasonable number of repair attempts” has been made if:

• The same serious defect has been repaired 2 or more times, and it could cause death or serious injury
• The same defect has been repaired 4 or more times
• Your vehicle has been out of service for repair for a total of 30 days or more (not necessarily consecutive)

Step 4: Review Manufacturer’s Arbitration Program

Many manufacturers have arbitration programs to resolve warranty disputes. Before filing a lawsuit, you may need to participate in the manufacturer’s arbitration program if:

• The manufacturer has a certified arbitration program
• You were properly informed about the program
• The program is free to consumers

While arbitration can sometimes lead to a faster resolution, you are not bound by the arbitrator’s decision if it doesn’t favor you. You can still pursue legal action afterward.

Step 5: Consult with a Lemon Law Attorney

If repairs continue to be unsuccessful or the manufacturer refuses to provide a satisfactory solution, it’s time to consult with an experienced Lemon Law attorney. A qualified attorney can:

• Evaluate whether your vehicle qualifies as a lemon
• Guide you through the claims process
• Negotiate with the manufacturer on your behalf
• Represent you in arbitration or court if necessary

The good news is that California’s Lemon Law includes a fee-shifting provision, meaning the manufacturer must pay your attorney fees if you win your case. This typically allows attorneys to take Lemon Law cases on a contingency basis, so you won’t have to pay legal fees upfront.

Step 6: Understanding Your Remedies

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

• Repurchase (Buyback): The manufacturer buys back your vehicle and refunds your down payment, monthly payments, registration fees, and other expenses, minus a deduction for your use of the vehicle before problems began.
• Replacement: The manufacturer provides you with a new, comparable vehicle.

In most cases, you get to choose between these options, and the manufacturer cannot force you to accept one over the other.

Don’t Wait Too Long

California Statute of Limitation periods may be for as little as 1 year after the express warranty expires or 6 years after delivery of the vehicle. However, it’s best not to wait that long. Taking action promptly increases your chances of a successful resolution.

Think You Have a Lemon? Get a Free Case Review Today

While the steps above can help you navigate the initial stages of a potential Lemon Law claim, these cases can quickly become complicated. If you’re experiencing any of the following, it’s likely time to consult with a professional:

• Multiple unsuccessful repair attempts for the same issue
• Significant time with your vehicle in the repair shop
• Resistance from the dealer or manufacturer
• Safety concerns with your vehicle
• Confusion about your rights under the law

At Mission Law Group, we help consumers break free from defective vehicles and regain control of their lives. Our experienced attorneys understand California’s Lemon Law inside and out and are dedicated to fighting for your rights.

Remember, manufacturers have teams of lawyers protecting their interests—you deserve to have someone fighting for yours. If you think your car might be a lemon, don’t hesitate to reach out for a free consultation to explore your options.