Lemon Laws In California:

What Every Car Buyer Needs To Know Now

Investing in a new or pre-owned vehicle is a major financial decision, and every buyer aspires to have a hassle-free experience. Sadly, not every car lives up to its promise, and some may prove to be faulty—commonly referred to as "lemons." To safeguard consumers faced with ongoing issues, California has established the Lemon Law. If you’ve purchased a car in California that spends more time being repaired than actually driving, this legislation could provide you with essential protection.

In this guide, we will outline all the crucial information that California car buyers should be aware of regarding the Lemon Law, including what it encompasses, how to determine eligibility, and the steps to follow if you suspect you've acquired a lemon.

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 or used vehicles that are found to be faulty. This legislation is applicable to vehicles that remain covered by the manufacturer’s initial warranty and have not been successfully repaired despite several attempts.

In essence, if a defect that substantially impacts the vehicle's usability, worth, or safety cannot be rectified by the manufacturer or an authorized dealer after a reasonable number of repair attempts, the manufacturer is obligated to either provide a replacement vehicle or issue a refund to the purchaser.

Which Vehicles Are Covered?

The Lemon Law does not apply to every vehicle. It specifically includes:

New and pre-owned cars bought or leased for personal, family, or household purposes.

Commercial vehicles that weigh less than 10,000 pounds and are part of a fleet consisting of five or fewer vehicles.

Automobiles such as cars, trucks, SUVs, vans, motorcycles, and certain motorhomes, provided they remain under the original manufacturer’s warranty.

To be eligible under this law, the vehicle must exhibit a significant defect and must have been taken in for repairs for the same problem on multiple occasions, or it should have been out of service for a total of 30 days or more during the warranty period. Easily access details with a single click.

What Qualifies a Vehicle as a Lemon?

Under California legislation, a vehicle is classified as a "lemon" if it satisfies specific criteria:

The defect must significantly affect the vehicle's usability, value, or safety.

The manufacturer should have made a sufficient number of attempts to fix the defect.

The problem needs to arise within either 18 months of the vehicle's delivery or after 18,000 miles on the odometer—whichever limit is reached first—though exceptions may apply depending on the warranty.

Typical examples of defects that could qualify include:

Engine breakdowns

Issues with the transmission

Problems with the electrical system

Brake failures

Steering complications

On the other hand, minor cosmetic issues, such as a broken radio or a squeaky door, generally do not meet the criteria for qualification.

Your Legal Rights Under the Law

Should your vehicle be classified as a lemon, you have the right to one of these solutions:

Vehicle Exchange: The manufacturer is required to give you a substitute vehicle that matches the original in terms of value and performance.

Complete Refund: The manufacturer must reimburse you for the entire purchase amount, which includes taxes, registration fees, and any additional expenses (like towing or rental costs), minus a deduction based on mileage accrued before the issue arose.

Moreover, under California Lemon Law, you can also recover legal fees and related expenses, meaning that consumers usually don’t need to pay for legal services out of their own pockets.

Steps to Take If You Suspect You Have a Lemon

If you suspect your car is defective, consider the following steps:

Document Everything: Retain all receipts for repairs, service records, correspondence with the dealer, and any notes regarding the problem.

Allow for Repairs: It’s important to provide the dealership or manufacturer with several opportunities to rectify the defect.

Seek Legal Advice: Lemon law cases can be intricate; consulting with a skilled attorney can clarify your rights and assist in negotiations with the manufacturer.