If your new or leased car keeps breaking down no matter how many times it’s been in the shop, you may be wondering if it qualifies as a “lemon.” California has one of the strongest Lemon Laws in the country, but figuring out whether you qualify can be confusing.
At My Lemon Firm, we have years of experience guiding California drivers through the legal process. Our Santa Monica, California lemon law attorneys know what it takes to hold manufacturers accountable and help you pursue the refund, replacement, or other form of compensation you deserve.
Below, we explain how the law works and the key factors that determine eligibility. If you would like to get started with your claim, reach out to us today at (844) 40-Lemon for a free consultation.
How the California Lemon Law Works
California’s Lemon Law is codified as part of the Song-Beverly Consumer Warranty Act. It protects consumers when a vehicle covered by the manufacturer’s warranty has persistent problems that affect its use, value, or safety.
If the manufacturer or its authorized repair shop cannot fix the issue after a reasonable number of attempts, the law requires the company to either:
- Replace the vehicle with a new, comparable model, or
- Refund the purchase price, including incidental costs like registration and taxes
In addition, the manufacturer must pay your lawyer’s fees if you win your case. This makes it easier for consumers to pursue their rights without worrying about legal bills and out-of-pocket expenses.
Recent Updates to the Lemon Law
California’s 2024 amendments, in addition to an important court decision, made qualification more precise in the following ways:
- Shorter deadlines: Claims must be filed within one year of the warranty’s expiration, but no later than six years from delivery.
- Written notice: Consumers must notify the manufacturer in writing before seeking civil penalties, giving 30 days to respond.
- Faster process: Courts now encourage earlier mediation and quicker exchange of repair records.
This area of the law is evolving quickly in California, making it important to hire an attorney on your side who understands the changes and how they apply to your case.
What Kinds of Vehicles Are Covered?
Not every vehicle qualifies under California’s Lemon Law, but the coverage is broader than many people realize. It applies to:
- New cars, pickup trucks, SUVs, and vans purchased or leased in California
- Some used vehicles (such as those that are considered “certified pre-owned”)
- Business vehicles, but only if the company owns five or fewer vehicles in total, and the car or truck weighs under 10,000 pounds
- Certain other kinds of vehicles, like motorcycles and personal watercraft
RVs may even qualify in some cases, though the protections can differ. It’s important to note that the law focuses on warranty coverage, meaning that if your vehicle is outside of the warranty period when the defect first appears, lemon law protections may not apply.
What Defects Qualify for Compensation Under the California Lemon Law?
For a defect to qualify, it generally must be more than a minor inconvenience. Instead, the problem has to substantially affect the vehicle’s use, value, or safety. Common qualifying defects include:
- Engine failure or stalling issues
- Transmission problems that cause unsafe or unreliable performance
- Brake or steering defects
- Electrical system malfunctions
- Airbag, seat belt, or safety equipment failures
- Defective fuel systems or emissions equipment
Cosmetic issues like rattling trim or peeling paint usually won’t be enough, unless they significantly impact the vehicle’s value. The lemon law is designed to address serious, ongoing defects that make a car unsafe or unreliable.
What Counts as a “Reasonable Number of Repairs”?
One of the most important questions in a Lemon Law case is whether the manufacturer has had a reasonable number of chances to fix the problem. California law does not define a single number that always applies. Instead, it depends on the severity of the defect and how often you’ve brought the vehicle in for repairs.
That said, the law gives consumers an important tool called the 18-month/18,000-mile presumption. If the defect shows up within the first 18 months or 18,000 miles, whichever comes first, the law presumes the car is a lemon if:
- The manufacturer or dealer tried to fix the same problem four or more times without success; or
- The defect is one that could cause death or serious injury, and it has been subject to at least two repair attempts; or
- The vehicle has been out of service for a total of 30 or more days for warranty repairs.
If your case fits these guidelines, the burden shifts to the manufacturer to prove the car is not a lemon. We encourage you to contact our legal team for a free consultation if you have any questions about whether your vehicle qualifies.
How a Lemon Lawyer in California Can Help You Take Action
Lemon Law claims are often more complicated than they appear. Manufacturers and dealerships may try to argue, for instance, that your defect isn’t serious enough or that you didn’t follow proper procedures. An experienced lemon law attorney in California can stand up for you and fight for maximum compensation on your behalf.
At My Lemon Firm, our lawyers can:
- Review your warranty and repair history to see if your case qualifies
- Gather records and evidence to show repeated repair attempts
- Work with experts who can explain how the defect affects your car’s safety or value
- Negotiate directly with the manufacturer for a replacement or refund
- File a lawsuit and represent you in court if necessary
It also won’t cost you anything up front or out-of-pocket to hire us, as we only receive lawyer’s fees if we successfully handle your case.
Call My Lemon Firm To Set Up a Free Consultation Today
If your car has been in the shop again and again for the same problem, you don’t have to keep living with the frustration. California’s Lemon Law may give you the right to pursue a financial remedy that makes you whole again as best as possible.
Our award-winning attorneys at My Lemon Firm have years of experience fighting for California consumers. We have secured substantial recoveries for clients across the state, and we’re ready to evaluate your case at no cost.
Contact us today at (844) 40-Lemon to schedule a free consultation. Our California lemon lawyers are ready to get to work for you as soon as you are.