The California Lemon Law (officially known as the Song-Beverly Consumer Warranty act, found in California Civil Code sections 1790 et seq.) is a law designed to protect consumers who purchase or lease warranted motor vehicles. If it is determined that a motor vehicle is a “lemon", the motor vehicle's warrantor must repurchase or replace the motor vehicle from the buyer.

The Lemon Law commands that if a vehicle manufacturer or its authorized dealer(s) cannot properly repair a material defect in your vehicle while it is under warranty after “a reasonable number of attempts", the manufacturer must either promptly replace your new vehicle or refund your money, at your choice. The Lemon Law applies to all vehicles (including trucks and recreational vehicles) purchased or leased in the State of California and under the manufacturer’s new vehicle warranty.

A “material defect” is defined under the Lemon Law as something which “substantially impairs the use, value, or safety of the vehicle". ”Most mechanical or drive-ability problems will qualify under this standard. The more serious the defect, the fewer number of repair attempts will be necessary to qualify the vehicle as a “Lemon".

What constitutes a "reasonable number of attempts” at repair is a question of fact that can only be answered on a case by case basis. However, as a guideline, the Lemon Law states that if within 18 months or 18,000 miles of use, whichever occurs first, either the same material defect has been subject to repair four or more times, or the vehicle has been in the shop by reason of repairs for material defects for a cumulative total of more than 30 calendar days, then the vehicle is “presumed” to be a lemon.

In addition, for vehicles purchased or leased after January 1, 2001, if the vehicle is repaired two times for a defect that is likely to result in serious bodily injury or death, the vehicle is “presumed” to be a lemon. Keep in mind, this is only a guideline; any vehicle which is not properly repaired while still under warranty after a “reasonable number of attempts” may qualify as a lemon, regardless of length of ownership or mileage. Therefore, with today's  lengthy warranties, it is possible that a vehicle will qualify under the Lemon Law even though it may be three or four years old and have been driven 50,000 miles or more!  We invite you to call our law offices for a free case review and consultation.

SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON
1-877-355-4666   1-877-EL-LIMON
*There may be an occasional claim where it is determined that the filing of a lawsuit is the most expedient way to recover full lemon law entitlement.

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California Lemon Law – Quick Reference Guide The California lemon law offers protection for buyers of new cars, trucks, motorhomes, and motorcycles. The California lemon law provides different options to the consumer and manufacturer.  For California lemon law to apply to cars and trucks that qualify under the statute, the manufacturer must offer to replace or repurchase the offending lemon law vehicle, with the consumer not being forced to accept a replacement. California lemon law treats motorhomes and motorcycles differently. The California lemon law allows the manufacturer to repurchase or replace under the statute, at their discretion. Automobile manufacturers will print warranty books that contain “instructions” for consumers that think they may have a lemon law vehicle that qualifies under California lemon law. Consumers must remember that these lemon law “instructions” or “steps to follow” are what the automobile manufacturer wants you to do, and is NOT the California lemon law. For example, many manufacturers warranty books will attempt to direct the consumer with a California lemon law claim to attend an arbitration hearing. Arbitration is NOT required under the California Lemon Law to pursue a lemon law claim. Nor is there any requirement under the California Lemon Law to bring a lemon law claim within 18 months or 18,000 miles. You as the consumer have the entire new vehicle limited warranty period (usually 3 years/36,000 miles or 4 years/50,000 miles) to bring your California lemon law claim. If the repeated problem continues AFTER the expiration of the warranty under the lemon law, in certain cases you may still be applicable to protection under the California lemon law. The California lemon law also uses the manufacturers “extra power-train warranty coverage” as lemon law protection for consumers. These “power-train” warranties often provide for repairs as long as 100,000 miles, and under the California lemon law can be utilized to qualify a vehicle as a “lemon”. When our California lemon law was passed many years ago, the automobile manufacturers were allowed to set up NON-binding arbitration as an OPTION for the consumer to utilize in an attempt to settle their lemon law dispute. Consumers in California must realize that these dispute resolution mediums are often nothing more than a way for automobile manufacturers to be given “another chance” at fixing the consumers vehicle. One of the three potential decisions that can be handed down at an arbitration hearing is “the repair decision”. The automobile manufacturers representative argues to the arbitrator that the manufacturer should be given an additional attempt to repair the vehicle, or argue that they (coincidentally) “now have a fix developed” for the consumers repeated defect. The consumer often goes into a arbitration hearing expecting a “win” or “lose” decision, but becomes stunned when finding out that the outcome of their arbitration hearing for their lemon law claim is simply to have their vehicle repaired again! Arbitrators are not lawyers. Arbitration is NOT required to pursue legal remedy in California under the lemon law. “Customer Assistance Centers”. Consumers can call the manufacturers toll-free “assistance center”. They can explain that they feel they have a vehicle that qualifies under the California lemon law. The representatives will give out a “case number” to the consumer. Often times the unknowing consumer thinks this “case” number means something, especially when followed by the potential language of “we are opening a case number for you”. Consumers can be potentially mislead that this is the “opening” or “start” of a legal California lemon law case. It is NOT. A “case number” is often nothing more than a REFERENCE number to the consumer calling in their complaint(s) that allows the automobile manufacturer to establish a numerical file on the consumers call-in.  “Dealer Trade Assist”. Consumers need to be VERY aware of this “trick of the automobile trade”. Consumers who have been having repeated problems with their vehicle will often seek lemon law relief by asking their car dealer to “buy back” or replace their vehicle. What the consumer does NOT know is that the dealer has nothing to do with the California lemon law, nor do they have any responsibility under the California lemon law to repurchase or replace the offending vehicle. This is where “opportunity knocks” for the car dealer in many instances. The car dealer “responds” to the consumers request by “offering” to resolve the consumers dreadful car situation by offering “to take them out of their car” or “get you out of this car and into a new one” or similar verbage. This is NOT the California lemon law. This is an example of an opportunistic dealer sales tactic of making the consumer believe that they are getting California lemon law relief, but in reality the car dealer is taking the offending vehicle in trade, and simply selling the consumer another vehicle! The dealer often hears consumers say “you have to get me out of this vehicle”. They are simply taking the customers grief and turning it into profit, while the consumer loses part or all of their earned equity in their vehicle, often resulting in the loss of thousands of dollars. This “dealer trade assist” can often result in the dealer inflating the price of the “replacement” car and putting the consumer further into debt. Consumers should be very aware that the car dealership is in business to make a profit, and to sell cars. The “dealer trade assist” is just another example of how a consumer in California can unknowingly THINK they are getting relief from the California lemon law, but are simply being taken advantage of. What is the consumer to do? Consumers can simply the entire California lemon law process by utilizing the services of a lemon law attorney. We are The Law Offices of William R. McGee, California Lemon Law Attorneys, California’s largest lemon law firm. You can call us toll-free at 1-800-CA-LEMON (1-800-225-3666) for a free consultation or review of your repair documents to see if you qualify for protection and relief under the California lemon law. The California lemon law has a provision for attorney’s fees, making the automobile manufacturer pay the attorney for time spent on a lemon law claim.