Buying a new or used car is a major investment, and most buyers expect their vehicle to be safe, reliable, and free of serious defects. But what happens when that vehicle starts showing persistent issues — even after multiple repair attempts? In California, you may be protected under the state’s Lemon Law. Understanding your rights and the proper steps to take can make a significant difference if you’ve purchased a defective vehicle.
What Qualifies as a “Lemon”?
Not every mechanical problem means your car qualifies as a lemon. Under California’s Lemon Law, a vehicle may be classified as a lemon if it meets certain conditions: the defect must be substantial, impair the vehicle’s use, safety, or value, and persist despite a reasonable number of repair attempts. Additionally, the defect must occur within the warranty period provided by the manufacturer.
Common qualifying issues include repeated engine failures, electrical system malfunctions, transmission problems, or brake and steering defects that compromise safe operation.
Vehicles Covered Under the Law
California’s Lemon Law applies to new vehicles purchased or leased for personal, family, or household use. In certain cases, used vehicles may also be covered, as long as they are still under the manufacturer’s original warranty. The law can also apply to demonstrator vehicles and certain small business vehicles that meet specific weight and fleet size criteria.
Motorcycles and RVs may be partially covered, depending on the specific defect and which components are involved.
What Counts as a “Reasonable” Number of Repair Attempts?
The law doesn’t specify an exact number, but general guidelines exist. A vehicle may be presumed a lemon if:
- The same problem has been repaired four or more times without success
- A serious safety defect has been repaired twice, and the issue still exists
- The vehicle has been out of service for repairs for a cumulative total of 30 days or more
This presumption strengthens your case, but it’s still possible to pursue a claim even if these thresholds haven’t been fully met, as long as the defect significantly affects the car’s function or safety.
Your Rights as a Consumer
If your car qualifies under the Lemon Law, you are entitled to either a refund or a replacement vehicle. A refund typically includes the vehicle’s purchase price, taxes, registration, and other related costs — minus a deduction for the mileage you drove before the first repair attempt. If you choose a replacement, it must be a comparable vehicle of the same make and model, unless you agree to something different.
Additionally, the manufacturer is responsible for covering your reasonable attorney’s fees and costs if your case is successful.
Steps to Take if You Suspect Your Car Is a Lemon
- Keep Detailed Records: Save all service receipts, repair orders, and written communications with the dealer or manufacturer. These documents are essential for proving your claim.
- Give the Manufacturer a Fair Opportunity to Repair: You must allow an authorized dealer a reasonable number of chances to fix the issue.
- Request a Vehicle History Report: This may uncover prior issues or evidence of recurring problems that strengthen your claim.
- Document Communication: Always follow up conversations with written correspondence confirming what was discussed or promised.
- Act Within the Time Limits: The Lemon Law is time-sensitive. Claims must generally be brought within four years from the date you knew or should have known the vehicle was a lemon.
When Legal Guidance May Be Helpful
Although some consumers are able to resolve their lemon claims directly with manufacturers, the process can be difficult and frustrating without a strong understanding of consumer law. Manufacturers may deny claims, argue that the defect isn’t serious, or delay resolution. Legal support can help ensure your rights are fully protected, and that you receive fair compensation under the law.
Many consumers consult a lemon law lawyer in California when they feel overwhelmed by the legal process or believe the manufacturer is not acting in good faith.
