Acquiring a new or certified pre-owned car is a thrilling achievement, whether it’s your inaugural vehicle, an upgrade for the family, or a long-desired dream car. However, what if that thrill swiftly shifts to annoyance?
What if your new automobile spends more days in the garage than on the streets? If you find yourself facing continuous mechanical failures, unanticipated breakdowns, or frequent visits to the dealership for the same lingering issues, you may very well have a lemon on your hands.
If you’re a resident of California, you’re in luck because you benefit from one of the most robust consumer protection statutes in the country: the Lemon Law, officially referred to as the Song-Beverly Consumer Warranty Act. This law was established to protect consumers who buy or lease faulty vehicles.
Whether you’ve acquired a brand-new car, leased a vehicle, or purchased a used one that is still covered by the manufacturer’s warranty, you may be entitled to significant legal remedies under California’s Lemon Law, which can include either a complete refund or a replacement vehicle.
Understanding how the Lemon Law works – and when to consult a qualified Lemon law attorney in California, San Diego – can make all the difference in your case. In this guide, we’ll explain how to tell if your car is a lemon, what protections the law provides, and what steps to take if you think you’ve been sold a faulty vehicle. Knowing your rights is the first step toward getting the resolution you deserve.
Topic Summary
What is California’s Lemon Law?
California’s Lemon Law, formally referred to as the Song-Beverly Consumer Warranty Act, serves to safeguard buyers and lessees of new vehicles that exhibit major defects or problems that cannot be remedied after a reasonable number of repair attempts. This legislation is applicable to cars acquired or leased for personal purposes and also extends to pre-owned vehicles, as long as they are still covered by a manufacturer’s warranty.
The law delineates specific criteria that define a “lemon” and clarifies the rights of consumers when their vehicle meets these criteria. In essence, if a car presents a defect or nonconformity that adversely affects its usability, value, or safety, and the manufacturer or dealer fails to resolve the issue after a reasonable number of attempts, the consumer may have the right to receive either a refund or a replacement vehicle.
Key Protections Offered by California’s Lemon Law
- Right to a Full Refund: Includes purchase price, taxes, registration, and other related fees (minus a usage fee).
- Right to a Replacement Vehicle: Manufacturer must provide a comparable new vehicle at no additional cost.
- Coverage for Used Cars: Applies if the used vehicle is still under the original manufacturer’s warranty.
- Reasonable Number of Repair Attempts: Typically two or more attempts for the same issue, or 30+ days in the shop.
- Right to Attorney’s Fees: If you win your case, the manufacturer pays your legal fees.
- Protection for Leaseholders: Leased vehicles have the same rights as purchased ones under the law.
- Time and Mileage Flexibility: While typically 18 months or 18,000 miles, exceptions may apply based on warranty coverage.
What Makes a Car a Lemon?
In California, a vehicle is typically classified as a lemon according to the Lemon Law if it possesses one or more flaws that impact its usability, worth, or safety and cannot be fixed within a designated timeframe. This regulation pertains to both new and pre-owned vehicles, although specific criteria must be fulfilled.
Substantial Defect
The defect must be substantial. This means that it must significantly impair the car’s functionality, safety, or value. Common examples of substantial defects include:
- Engine failure
- Transmission issues
- Electrical malfunctions
- Safety-related issues like faulty airbags or brakes
Unsuccessful Repair Attempts
In order for a vehicle to be deemed a lemon, the dealer or manufacturer needs to have a fair opportunity to resolve the issue. While the law does not define a specific number of repair attempts, it is typically understood that if the problem persists after two or more tries, or if the car has been inoperable for over 30 days due to repairs, it could qualify as a lemon.
Within a Reasonable Timeframe
California’s Lemon Law can only be invoked within a specific period following the purchase or lease of a vehicle. To qualify, the vehicle must have been bought or leased within either 18 months or 18,000 miles from the date of the original purchase, depending on which limit is reached first. Once this timeframe has passed, your ability to file a lemon claim decreases, although it is not completely ruled out.
Used Cars and Lemon Law
California’s Lemon Law can extend to used vehicles, but there are some extra considerations involved. If a used car is still within the bounds of the manufacturer’s warranty, it may benefit from the protections offered by the Lemon Law. However, for cars sold “as is” or lacking a manufacturer’s warranty, those protections might be restricted.
How to Tell if Your Car is a Lemon
Not every car problem means you’re driving a lemon, but persistent issues that affect your vehicle’s usability, safety, or value may indicate that your car qualifies under California’s Lemon Law. Recognizing the signs early can help you take timely action.
Repeated Repairs for the Same Issue
One of the most common signs of a lemon is a recurring problem that the dealership or manufacturer cannot fix after multiple attempts. If you’ve brought your car in for repairs two or more times for a serious safety defect—or four or more times for any other issue—and the problem persists, this is a strong indicator that the car may be a lemon.
Excessive Time in the Repair Shop
Another key factor is the total number of days your vehicle has spent in the shop. If your car has been out of service for 30 or more cumulative days due to warranty-covered repairs, regardless of whether the issue was the same each time, the vehicle may qualify as a lemon under California law.
Defects that Impact Use, Value, or Safety
For a vehicle to qualify, the defect must significantly affect the car’s basic functions. This includes issues that compromise your ability to drive the car safely (such as brake or steering failures), reduce the car’s resale value, or interfere with your ability to use it reliably.
Covered Under Manufacturer’s Warranty
For your vehicle to qualify for coverage, it needs to remain under the manufacturer’s new vehicle warranty. This generally encompasses numerous certified pre-owned and used cars, provided the original factory warranty is active. In California, the Lemon Law generally pertains to vehicles within 18 months of purchase or those that have been driven for up to 18,000 miles; however, there may be exceptions based on specific circumstances.
Consistent Manufacturer or Dealer Involvement
You need to provide the manufacturer or an authorized dealer with a fair opportunity to resolve the issue. This implies that you cannot simply have any mechanic attempt repairs; only those performed by certified service providers are considered valid under the Lemon Law.
What Should You Do if Your Car is a Lemon?
If you believe that your car may be a lemon, there are several steps you should take to protect your rights.
Step 1: Know the Signs of a Lemon
The first step is recognizing whether your car exhibits common characteristics of a lemon. Repeated visits to the dealership for the same issue, unresolved mechanical problems, or defects that impair the car’s use, value, or safety are all strong indicators. If your vehicle has spent 30 or more days in the shop or continues to have recurring problems, it’s time to investigate further.
Step 2: Document Everything
Should your vehicle have spent 30 days or longer in the repair shop, it may be beneficial to look into a potential claim under California’s Lemon Law. The duration of repairs, regardless of their outcome, can significantly influence the validity of lemon law claims.
Step 3: Notify the Dealer or Manufacturer
According to California’s Lemon Law, it is necessary to allow the manufacturer or dealer a chance to fix the issue with your vehicle. Should you experience several unsuccessful repair attempts and your car continues to have problems, it’s important to notify the dealer or manufacturer in writing. This documentation will be crucial if you decide to take legal steps later on.
Step 4: Contact an Attorney
One of the crucial actions you can take is to seek guidance from a knowledgeable lawyer who focuses on Lemon Law issues. An adept attorney can assess your situation, offer legal counsel, and assist you in managing the intricate process of submitting a claim. Often, these lawyers operate on a contingency fee model, which means they receive payment only if you are successful in your case.
Step 5: Consider Legal Action
Should the producer or seller decline to provide a refund or replacement, or if you cannot come to an agreement, pursuing legal action might be required. A lawyer can assist you in submitting a claim in court and could potentially achieve a positive result, which may include a refund, a replacement vehicle, or extra compensation.