The Lemon Law In California: Steps To Take If You Have Purchased A Defective Vehicle

Aug 18

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is a powerful piece of legislation designed to protect consumers who purchase or lease defective vehicles. Under this law, if a manufacturer is unable to repair a vehicle after a reasonable number of attempts, the consumer is entitled to a replacement vehicle or a refund. This law applies to new and used vehicles that are still under the manufacturer’s warranty.

What Qualifies as a Lemon?

To qualify as a lemon in California, a vehicle must meet certain criteria. The vehicle must have a substantial defect that impairs its use, value, or safety, and the defect must have occurred within a specific period or mileage. The manufacturer must have made multiple unsuccessful attempts to repair the defect. The law typically covers vehicles that have been in the shop for repair for an extended period, usually 30 days or more within the first 18 months or 18,000 miles.

Steps to Take If You've Purchased a Defective Vehicle

Step 1: Identify the Defect

The first step is to identify whether your vehicle has a defect that significantly affects its use, value, or safety. The defect should be something more than a minor inconvenience—it must impact your ability to operate the vehicle normally. Common issues that could qualify include engine problems, transmission issues, faulty brakes, or electrical failures.

Step 2: Keep Detailed Records

Documentation is crucial in any lemon law case. Keep detailed records of all repair attempts, including dates, the nature of the defect, and the repairs made. Collect copies of repair orders, invoices, and any communication with the dealer or manufacturer. These records will serve as evidence to support your claim that the vehicle is indeed a lemon.

Step 3: Notify the Manufacturer

Before you can proceed with a lemon law claim, you must give the manufacturer a final opportunity to repair the defect. Notify the manufacturer in writing, detailing the issues with your vehicle and the repair attempts made so far. Make sure to send this notice via certified mail with a return receipt requested, so you have proof that the manufacturer was informed.

Step 4: Allow for Final Repair Attempt

The manufacturer is allowed one last attempt to fix the defect after receiving your notice. This is a critical step, as failing to allow the manufacturer this opportunity could weaken your case. If the manufacturer cannot repair the defect within a reasonable amount of time, you may then proceed with your lemon law claim.

Step 5: File a Lemon Law Claim

If the defect persists after the manufacturer’s final repair attempt, it’s time to file a lemon law claim. In California, you can file a claim through the manufacturer’s arbitration program or directly in court. Arbitration is usually faster and less expensive, but it may not always be in your best interest. Consulting with an attorney who specializes in lemon law cases can help you determine the best course of action.

Step 6: Seek Legal Assistance

Lemon law cases can be complex, and having a knowledgeable attorney can make a significant difference in the outcome. An attorney can help you navigate the legal process, gather evidence, and negotiate with the manufacturer on your behalf. Most lemon law attorneys in California work on a contingency fee basis, meaning they only get paid if you win your case.

Step 7: Receive Compensation or a Replacement Vehicle

If your lemon law claim is successful, you may be entitled to a replacement vehicle or a refund. The refund typically includes the purchase price of the vehicle, taxes, registration fees, and any incidental costs, minus a deduction for the miles driven before the first repair attempt. If you choose a replacement vehicle, it should be of comparable value to the lemon.

Common Challenges in Lemon Law Cases

While the California Lemon Law is designed to protect consumers, there are several challenges you may encounter during the process. Manufacturers often dispute the severity of the defect or argue that the issue does not meet the criteria for a lemon. Additionally, the burden of proof lies with the consumer, making it essential to have thorough documentation and a clear understanding of your rights.

Tips for a Successful Lemon Law Claim

To increase your chances of success, be proactive from the moment you suspect your vehicle is a lemon. Keep meticulous records of all repairs and communications with the dealer or manufacturer. Be persistent and don’t be afraid to escalate your claim if necessary. Consulting with an experienced lemon law attorney can also provide you with valuable insights and ensure that your rights are fully protected.

Key Aspects of the California Lemon Law

The Lemon Law California offers legal protection to consumers by mandating that manufacturers must refund, replace, or buy back a vehicle if it has significant defects that persist despite multiple repair attempts.

Lemon Law Coverage: The California Lemon Law covers new and used vehicles, including cars, trucks, motorcycles, and certain RVs, as long as they are still under the manufacturer’s warranty.
Substantial Defects: The defect must be substantial, meaning it significantly affects the vehicle’s safety, use, or value.
Manufacturer's Warranty: The defect must occur while the vehicle is still under the manufacturer’s warranty period to qualify for protection under the Lemon Law.
Documentation is Key: Keeping detailed records of all repairs, communications, and attempts to resolve the issue is essential for building a strong case.
Final Repair Attempt: You must allow the manufacturer a final opportunity to repair the defect before pursuing a lemon law claim.
Statute of Limitations: There is a limited time frame within which you must file a claim under the Lemon Law, so acting quickly is crucial.
Arbitration vs. Litigation: You can choose to pursue your claim through the manufacturer’s arbitration program or take the case directly to court.