Lemon Law
WHAT IS LEMON LAW IN CALIFORNIA?
Lemon Law protects you in the State of California when a new car you buy or lease cannot be repaired.
The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts.
The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer's new-vehicle warranty. Full-time active-duty members of the Armed Forces stationed or residing in California at the time of purchase or lease are protected by the Lemon Law even if their vehicles were purchased or registered outside of California. The Lemon Law also applies to used vehicles when they are still under a manufacturer's new car warranty. Any remaining time left on the warranty protects the car's new owner.
Under the Lemon Law, the manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts, it cannot repair a problem that:
- Is covered by the manufacturer's new-vehicle warranty;
- Substantially impairs the use, value, or safety of the vehicle; and
- Is not caused by unauthorized or unreasonable use of the vehicle after sale.
What is considered a “reasonable” number of repair attempts depends on many factors. While the following factors are not required, there is a rebuttable presumption that your vehicle is a lemon if:
- The problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first);
- If required by the warranty or owner's manual, you notified the manufacturer about the problem; and
- You have taken the vehicle in for repair by the manufacturer or its agents:
- Four or more times for the same problem and it still is not fixed, or
- Two or more times for the same problem, if that problem is big enough to cause death or serious injury, and it still is not fixed, or
- The vehicle has been out of service for repair for more than 30 days (the 30 days do not need to be in a row).
If your vehicle is a lemon, the manufacturer must promptly repurchase or replace it. You have the right to choose a refund instead of a replacement.
Lemon vehicles that are bought back by dealers and then resold must be identified as a “lemon law buyback” and have a “lemon” sticker on their door. When lemon buybacks are not properly disclosed and sold “as is,” the buyer may still have rights under the Lemon Law.
APPLYING LEMON LAW IN CALIFORNIA
California's Lemon Law applies when a “reasonable” number of repair attempts have been made. This is called the Lemon Law Presumption.
The Lemon Law Presumption applies if all the following are true:
- The problems your car is having are covered under the manufacturer's warranty.
- The problem first occurred within 18 months of delivery, or within 18,000 miles, whichever came first. (For major defects after this time frame, talk to an attorney.)
- The problem reduces the use, value or safety of the vehicle to you, and the problems were not caused by abuse.
- If the warranty or owner's manual requires it, you have notified the manufacturer about the problems. (It's best to have this in writing).
And if any one of the following is also true:
- You've taken the car in for repairs four or more times for the same problem and it's still not fixed.
- You've taken the car in for repairs two or more times for a problem that is severe enough to cause death or serious bodily injury and it's still not fixed.
- The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problem covered by the warranty.
If your vehicle meets these criteria, the Lemon Law presumes a reasonable number of repair attempts have been made and you may be entitled to a replacement or a refund.
STEP 1: DETERMINING IF YOU HAVE A LEMON
What vehicles are covered?
The law covers motor vehicles sold or leased with a manufacturer's new vehicle written warranty that:
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Are used or bought for use primarily for personal, family, or household purposes, or
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Are used or bought primarily for business purposes by any person or business to which at least one, but not more than five motor vehicles, are registered in California. In this case, the vehicle must have a gross vehicle weight under 10,000 pounds.
In addition, the motor vehicle must have been:
- Purchased or leased at retail in California (not a private sale), or
- Purchased or leased by a full-time active-duty member of the Armed Forces who was stationed or residing in California at the time of purchase or lease or at the time the claim is filed.
It does not cover any portion of a motor home designed, used, or maintained primarily for human habitation; a motorcycle; or a motor vehicle that is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways.
Who is covered?
The California lemon law covers a “consumer” defined as:
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Any individual who buys or leases a new motor vehicle from a person engaged in the business of manufacturing, distributing, selling, or leasing new motor vehicles at retail.
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A lessee for a term exceeding four months.
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Any individual to whom the vehicle is transferred during the duration of a written warranty or who is entitled under applicable state law to enforce the obligations of the warranty.
How do I know if my vehicle is considered a lemon?
Under the California lemon law, the manufacturer, or its representative in California, may be required to repurchase or replace your vehicle if, after a “reasonable” number of repair attempts, it cannot fix a defect or malfunction that:
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Is covered by the manufacturer's written new vehicle warranty,
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Substantially impairs the use, value, or safety of the vehicle to the consumer, and
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Is not caused by the unauthorized or unreasonable use of the vehicle after sale.
STEP 2: UNDER CALIFORNIA LEMON LAW, WHAT DEFECTS QUALIFIY?
- Engine and transmission: Engine failure, engine overheating, transmission failures
- Electrical system: Electrical system malfunctions, flickering dash lights
- Brakes: Brake failures, premature brake and rotor wear, brake pedal failure
- Safety: Airbag defects, steering system defects, structural weaknesses
- Fuel system: Fuel injection system leaks, fuel line defects, fuel leaks
- Suspension: Suspension issues
- Air conditioning: Air conditioning and heating system defects, malfunctioning air conditioning
- Cosmetic: Paint defects, interior trim issues, body panel misalignments
- Other: Water leaks, oil leaks, coolant leaks, power steering leaks, abnormal noises
Always check the website for The National Highway Traffic Safety Administration ("NHTSA"). This site provides information regarding vehicle safety and recall information on your vehicle.
STEP 3: APPLYING DEALERSHIP'S REASONABLE OPPORTUNITY TO REPAIR VS CALIFORNIA LEMON LAW
To prove reasonable opportunity to repair, the California's lemon law provides three guidelines:
- If you have a serious safety defect, you must show that the vehicle has been subject to examination or repair at least twice, but the defect continues to exist and is likely to cause death or serious bodily injury if the vehicle is driven;
- For a nonconformity that is not a serious safety defect, you must show that it has been subject to examination or repair at least four times and continues to exist. You must also prove the nonconformity is a substantial impairment of the use, safety, or value of the vehicle. That means it renders the vehicle unfit, unreliable, or unsafe for warranted or normal use or significantly diminishes the value of the vehicle;
- For a vehicle that has been in repair for a lengthy period of time, you must show that it had been out of service by reason of repair for one or more non-conformities, for a cumulative total of 30 or more business days during the lemon law rights period, which ends 18 months after the date you received the vehicle, or once you have put the first 18,000 miles on the odometer, whichever occurs first.
STEP 4: NEXT STEPS IN YOUR LEMON LAW CLAIM
A. Do you have a lemon and if so, what are the next steps?
First, it is always a good idea to enlist the help of a knowledgeable California lemon law attorney, who can ensure that you understand the rights and options you have after discovering that you have been sold a lemon.
Second, you must make sure to take the vehicle in for repair each time the problem arises. Be sure that all examinations or repair attempts are documented, and keep all copies of your receipts and documents.
If the problem was not fixed within a reasonable number of attempts to repair, write to the manufacturer or dealer. This gives them a chance to make things right before you have to litigate, and it gives you more documentation in your files to present at a potential hearing.
B. Applicable Time Limits to Lemon Law in California
The repairs and notification to the manufacturer should happen within the lemon law rights period, which is within the term of the manufacturer's warranty. Stated another way, you first need to be within the warranty period. Then the attempts to fix the problem with the vehicle must happen within the first 18 months of buying the vehicle, or within the first 18,000 miles driven.
STEP 5: HIRING AN ATTORNEY VS NOT HIRING AN ATTORNEY
There are advantages to hiring an attorney for your Lemon Law claim in California; however, you are not required to hire an attorney for your Lemon Law Claim. Yet, by hiring an attorney, you will be sure to be enforcing all of your consumer rights provided in California in your Lemon Law Claim. Under both state and federal laws, you may be entitled to a replacement, a refund, or a fair settlement.
However, you must first give the manufacturer or dealer a reasonable amount of time to repair the vehicle; however, if the problems persist after the manufacturer or dealer has made a reasonable number of attempts to fix them, filing a lawsuit may be the only way for you to remedy the situation. A knowledgeable California lemon law attorney can let you know when it is best to file a lemon law claim. Your attorney can also help you understand what qualifies your vehicle as a lemon, as well as how many times you must allow the manufacturer or dealer to attempt to fix the problems with your vehicle before you can seek a remedy under state and federal lemon laws.
It is important to note that no guarantees are being made concerning any applicable Lemon Law claim. A judge/jury/arbitrator will dictate the outcome of a litigated Lemon Law claim.
HOW TO WIN A LEMON LAW CASE
Winning a Lemon Law case in California involves several critical steps to ensure you meet all legal requirements and present a compelling case. Here's how you can improve your chances:
- Document Everything: The first step in winning a CA lemon law case is meticulous documentation. Keep records of all repair orders, receipts, and communications with the dealership or manufacturer. This includes dates of repairs, descriptions of issues, and any costs incurred.
- Understand the Law: Familiarize yourself with the specifics of the lemon law for new or used cars in California. Generally, a vehicle must have a substantial defect that persists despite a reasonable number of repair attempts. The defect must affect the car's use, value, or safety.
- Meet Legal Deadlines: Timing is crucial. In California, you typically have four years from the date you first experienced the issue to file a claim. Missing these deadlines can jeopardize your case.
- Hire an Expert Attorney: Engaging a knowledgeable lemon law attorney is critical. Lemon law attorneys specializing in California used cars understand the nuances of these cases and can provide invaluable guidance. They will help you gather necessary evidence, file paperwork correctly, and represent you in negotiations or court, if needed.
- Be Prepared to Negotiate: Many lemon law cases are settled out of court. Your attorney will negotiate with the manufacturer or dealer to reach a fair settlement, which could include a replacement vehicle, a refund, or cash compensation.
- Consider Arbitration: Some cases may require arbitration before proceeding to court. Your attorney will guide you through this process, ensuring you are well-prepared.
- Potentially Obtain Opinion from Independent Mechanic: In further support of a case, it may be beneficial to obtain a second opinion from a mechanic concerning your vehicle.
By following these steps and working with experienced lemon law California used cars specialists, you can significantly increase your chances of winning your case. We also have experience with CA lemon law for new cars. Always consult with a qualified attorney to navigate the complexities of your specific situation effectively.
WHY LAW OFFICES OF CHRISTIAN L. WOODS, APC FOR YOUR LEMON LAW CLAIM?
Here are some specific advantages of hiring an attorney who specializes in California lemon law cases to assist you with your claim:
- Your attorney can help you address any doubts you have regarding the legality of your lemon law claim. An experienced attorney will understand the nuances involved with determining if a vehicle is a lemon as defined under California's lemon law;
- Most lemon law attorneys offer a free initial consultation, where they will thoroughly investigate your claim and evaluate the merits of your case before they accept it and move forward. Identifying each and every defect in your vehicle that renders it a lemon requires an in-depth and up-to-date understanding of state and federal lemon laws that may apply to your case;
- Our attorneys will have the ability to effectively negotiate and advocate on your behalf. If you are unsure whether you meet the requirements to be compensated for the defective vehicle you were sold, a skilled attorney will still find ways to get your vehicle replaced, your money reimbursed, or to negotiate a favorable settlement on your behalf;
When hiring LAW OFFICES OF CHRISTIAN L. WOODS, APC, you are getting direct access to attorney/owner, Christian Lloyd Woods, Esq. Prior to opening LAW OFFICES OF CHRISTIAN L. WOODS, APC, Mr. Woods practiced in insurance defense and criminal law for seven (7) years, including defending lemon law cases. Mr. Woods is aggressive in litigation and works diligently on each and every case.
Enforce all of your rights under Lemon Law. Contact LAW OFFICES OF CHRISTIAN L. WOODS, APC., to schedule your initial consultation, where we will review your claim, discuss how your claim would go through the process and further review/answer other questions that you may have.