Purchasing a new or used vehicle is a significant investment, and naturally, you expect it to perform reliably. However, sometimes vehicles come with persistent problems that make them nearly unusable or unsafe. If this happens to you in California, the California Lemon Law is designed to protect your rights as a consumer and provide solutions when your vehicle turns out to be a lemon.
What Is the California Lemon Law?
The California Lemon Law, formally called the Song-Beverly Consumer Warranty Act, offers protection to consumers who buy or lease vehicles with serious defects. These defects must substantially impair the vehicle’s use, safety, or value and must occur within a limited warranty period. If the manufacturer or dealer fails to fix these problems after a reasonable number of attempts, you may be entitled to a replacement or a refund.
This law covers many types of vehicles, including cars, trucks, motorcycles, and some recreational vehicles. Even some electric vehicles qualify for protection under this law.
Understanding a Lemon Vehicle
A lemon vehicle is typically defined as one that has:
- One or more significant defects affecting its safety, function, or value,
- These defects arise within the warranty period,
- The manufacturer or dealer has tried but failed to repair the problem after several attempts.
- You have properly notified the dealer or manufacturer about the issues.
In California, “reasonable repair attempts” usually mean at least three visits for the same issue or the vehicle being out of service for repairs for more than 30 days cumulatively.
Your Rights as a Consumer Under California Lemon Law
If your vehicle meets the criteria, the California Lemon Law gives you several important rights:
Refund or Replacement Vehicle
If the defect can’t be fixed, you can demand either a replacement vehicle or a refund. The refund amount is typically the purchase price minus a usage fee that accounts for how much you drove the car before the defects occurred.
Recovery of Attorney’s Fees
If you hire a lemon law attorney and successfully resolve your claim, the manufacturer may be required to pay your legal fees. This helps make the process more affordable for consumers.
Protection Extends to Used Vehicles
While new vehicles are most commonly covered, certain used vehicles sold with warranties also fall under this law. This gives used car buyers additional protection against defective vehicles.
What To Do If You Think You Have a Lemon Vehicle
If you suspect your vehicle is a lemon, here are the steps you should take:
- Keep detailed repair records: Document every visit to the dealer or mechanic, including dates and the nature of the repairs.
- Notify the manufacturer: Inform the manufacturer about ongoing problems, preferably in writing.
- Consult with a lemon law attorney: A qualified attorney can assess your case and advise you on the best course of action.
- Consider filing a claim: If repairs don’t resolve the issues, you may pursue a formal lemon law claim.
Common Misunderstandings About the Law
Some believe that only brand-new cars are covered, or that the dealer alone is responsible for repairs, but the law protects buyers of certain used vehicles and holds manufacturers accountable. It’s also a myth that you have to wait years before taking action — prompt documentation and communication are key.
How a Lemon Law Attorney Can Assist You
Navigating the California Lemon Law process can be complicated. A lemon law attorney can help ensure you meet all requirements, gather necessary documentation, and negotiate with manufacturers. Many attorneys work on a contingency basis, so you pay only if you win your case.
Why Knowing Your Rights Matters
A defective vehicle isn’t just an inconvenience — it can be a safety hazard. The California Lemon Law safeguards consumers from losing money and being stuck with unreliable cars. Knowing your rights lets you advocate for yourself and get a fair resolution if your vehicle doesn’t perform as promised.
If you think your vehicle may be a lemon, don’t hesitate to get professional legal advice to protect your investment and get the resolution you deserve.