Summary
- California’s lemon law protects buyers from defective vehicles
- If a car can’t be fixed after multiple tries, you could receive a refund
- Most cases are decided in arbitration, but you can file a lawsuit as well
Part of the appeal of buying a new car is that it doesn’t have pre-existing defects. However, in some cases, you might end up with a lemon — a new car that comes with serious defects that can’t seem to be fixed.
These defects can cause accidents and compromise your safety and that of others on the road. If you’ve paid full price for your car, you should receive a vehicle that runs like it’s new.
California’s lemon law is meant to protect consumers from getting stuck with faulty vehicles. Here’s what you should know about the lemon law in California and what to do if you think you’ve purchased a lemon.
What Vehicles Are Covered Under the California Lemon Law?
How does the lemon law work in California? Any vehicle can come with a defect, but California’s lemon law only covers those that are still under the manufacturer’s new vehicle warranty. You should be covered if you purchase a new vehicle or one that is new enough that the manufacturer’s original warranty is still in effect.
The lemon law covers many new vehicles purchased or leased for personal or commercial use. The law applies in a wide range of circumstances but does not cover motorcycles or vehicles that have clearly been abused. Lastly, only vehicles purchased in retail (rather than private) settings can be covered by the California lemon law.
How Does a Car Qualify for Lemon Law in California?
If a new car has a problem covered under warranty that can be easily fixed, the lemon law would not apply. The dealer must be unable to repair the car after having made a reasonable number of repair attempts.
So how do you determine whether a reasonable number of attempts have been made? Several criteria must be met for a car to meet the lemon law presumption. First, all of the following provisions must be true:
- The problem first started within 18 months or 18,000 miles, whichever comes first.
- The vehicle problems in question are covered under the manufacturer's warranty.
- You have notified the vehicle manufacturer (if the warranty requires you to do so).
- The issue reduces the vehicle’s safety, usability or value to you.
- The issue was not caused by abusing the vehicle.
If all of these requirements are met, one of the following must also be true for your car to meet the lemon law presumption:
- You’ve taken the car in at least twice to repair an issue that could cause death or serious injury, and the problem still isn’t fixed.
- For less severe issues, you have taken the car in at least four times, and it still hasn’t been fixed.
- The car has to have been in the shop for more than 30 days (not necessarily in a row) for any warranty-covered repairs.
If your situation meets these qualifications, your car has had a reasonable number of repair attempts, and you can proceed with a lemon law claim.
What if My Vehicle Cannot Be Fixed?
Perhaps your vehicle has a serious defect that the dealer has failed to fix despite a reasonable number of attempts. In that case, California’s lemon law requires the vehicle manufacturer to do one of the following:
- Replace your vehicle.
- Refund the full purchase price.
The manufacturer — not the dealer — is responsible for righting the issue. Dealers use experienced mechanics who understand how to work on vehicles of a particular make. If a dealer’s mechanics cannot fix the problem, there’s a strong likelihood the defect originated with the manufacturer.
How Are Lemon Law Claims Decided?
Wondering how to file? Lemon law in California often involves filing with the Department of Consumer Affairs. Typically, claims are decided through arbitration. A trained, impartial party reviews your situation and decides whether the manufacturer has had sufficient opportunity to repair your vehicle.
The arbitrator might determine that the manufacturer should have one more chance to fix the vehicle before issuing a refund or replacement. If they believe the manufacturer has had sufficient chances, they may decide you’re entitled to a refund or replacement.
Notably, if you are unhappy with the result of the arbitration, you still have options. You can accept the decision, but you can also choose to reject it and file a product liability lawsuit in court. Some auto lawyers can help you with this process.
What Is the California Lemon Law Time Limit?
You have four years from the time the vehicle first started experiencing problems to file a claim. Some people confuse this with the fact that under the lemon law in California, 30 days or more in the shop for the same issue may mean you’re qualified to file a claim.
Do You Need an Attorney for a Lemon Law Claim?
Wondering how to file lemon law in California without a lawyer? You can legally prepare a claim yourself. However, it’s wise to retain a product liability attorney. An attorney can help you prepare all the documentation you need for a successful case, and they can assist with filing a lawsuit if need be.
Did You Purchase a Lemon?
Ending up with a defective vehicle can be frustrating, disappointing and even dangerous. If you want to improve your chances of a successful lemon law claim, working with an attorney is wise.
At ConsumerShield, we’re dedicated to helping people like you connect with qualified, experienced attorneys. If you’re looking for a product liability attorney with experience handling lemon law cases, get in touch for a free case review today.
