California Car Lemon Law: The Ultimate Guide
To Getting A Refund Or Replacement

Purchasing a new vehicle is meant to provide comfort and ease. However, what do you do if your freshly bought or certified pre-owned car becomes a never-ending headache? This is where California's Lemon Law becomes relevant. In this guide, you'll learn about your rights, how to assess whether your car meets the criteria of a "lemon," and the procedures you can follow to secure a refund or a replacement vehicle. 


What Is California’s Lemon Law?


The Song-Beverly Consumer Warranty Act, commonly referred to as California's Lemon Law, safeguards buyers and lessees of new and specific used cars that are found to have defects. Under this legislation, manufacturers must either repair, replace, or reimburse the cost of a vehicle that remains faulty despite a reasonable number of repair attempts.



Vehicles Covered Under the Lemon Law

The Lemon Law in California encompasses various types of vehicles. This includes new cars that remain under the manufacturer's warranty, used cars that come with a warranty (like Certified Pre-Owned vehicles), leased automobiles, and different categories such as cars, trucks, SUVs, and specific business-related vehicles. 

While motorcycles and recreational vehicles (RVs) have some coverage, it is generally limited to the chassis component only.


What Constitutes a "Lemon"?

In order to be eligible for protection under the Lemon Law, your automobile must satisfy certain conditions:


  • There should be a significant defect that falls under the warranty's coverage.

  • The manufacturer or dealer must have attempted to repair the issue a reasonable number of times.

  • This defect must affect the vehicle's functionality, value, or safety.

Typically, a car is considered a lemon if, within the first 18 months or 18,000 miles:


  • The same problem has been unsuccessfully addressed four or more times, OR

  • The vehicle has been out of commission for over 30 days due to any issues, OR

  • There have been two or more unsuccessful attempts to resolve a critical safety concern that poses a risk of injury or death.

Your Rights as a Consumer

Should your vehicle be deemed a lemon, you have the right to choose one of the following options:


  • A complete refund of the purchase price, with a minor deduction for mileage, OR

  • A replacement vehicle that matches in make, model, and features.

Furthermore, you may also receive compensation for:


  • Towing fees

  • Costs associated with rental cars

  • Repair expenses (if you incurred costs for issues covered by warranty)

What You Need to Document

When filing a lemon law claim, having proper documentation is essential. Be sure to retain copies of:


  • Repair orders and receipts

  • Any written correspondence with the dealer or manufacturer

  • Warranty papers

  • The agreement for your vehicle purchase or lease

Thorough documentation can greatly enhance your claim and provide solid support if a legal issue arises.


Steps to Take if You Suspect Your Car Is a Lemon


Step 1: Try to Resolve the Issue With the Dealer

Before submitting a claim, take your vehicle to the dealership for any required repairs. Make sure the issue is clearly documented on the repair order. Always ask the dealership to accurately note the problem during your visit. Request and keep a copy of the repair order for your personal records after each appointment.



Step 2: Contact the Manufacturer

Should the problem continue despite several attempts at repair, it is important to inform the manufacturer in writing. This notification is frequently necessary prior to initiating a lemon law claim. Additionally, many manufacturers provide optional arbitration programs that may help resolve the matter without needing to resort to legal action.


Step 3: Consult a Lemon Law Attorney

Should the manufacturer decline to assist you or reject your claim, it might be wise to consider enlisting the services of a lemon law attorney. Numerous attorneys specializing in California lemon law operate on a contingency fee model, which means you won't incur any costs unless they successfully resolve your case—plus, the manufacturer could be liable for any legal expenses incurred.


Benefits of Hiring a Lemon Law Lawyer


A knowledgeable attorney experienced in California Car Lemon Law can assess whether your case qualifies under the law, manage all necessary legal documentation and communications, negotiate directly with the manufacturer to secure the most favorable outcome, and represent you in arbitration or court if required. Having legal representation can streamline the process and enhance your chances of a positive outcome.