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What Qualifies as a Lemon Vehicle in California?
hen you buy a new or used vehicle, the last thing you expect is for it to be riddled with defects. Unfortunately, many consumers in California face the frustration of purchasing a car that spends more time in the repair shop than on the road. These vehicles are often referred to as "lemons."
California’s Lemon Law is designed to protect consumers from being stuck with a defective vehicle. Here at The Law Offices of Kevin Faulk, we can help you understand what qualifies as a lemon vehicle if you live in Sunnyvale, California or throughout the state, including San Jose, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, San Diego, and beyond.
Understanding California's Lemon Law
California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is one of the most robust consumer protection laws in the United States. It provides a legal remedy for consumers who purchase or lease a vehicle that fails to meet quality and performance standards. The law applies to both new and used vehicles purchased with a warranty.
The main purpose of the Lemon Law is to require manufacturers to either replace or repurchase vehicles that have significant defects and can’t be repaired after a reasonable number of attempts. If your car qualifies as a lemon, you may be entitled to a refund or a replacement vehicle, depending on your specific situation.
What Qualifies a Vehicle as a Lemon?
To determine whether your vehicle qualifies as a lemon under California’s Lemon Law, several criteria must be met. Here are the key factors:
The vehicle must have a substantial defect: A vehicle qualifies as a lemon if it has a substantial defect that impairs its use, value, or safety. A "substantial defect" is typically defined as a serious problem that affects the car’s ability to function properly or poses a safety risk. For example, engine, transmission, brakes, or electrical system issues may qualify as substantial defects.
The vehicle must still be under warranty: The vehicle must be covered by the manufacturer’s warranty when the defect occurs. This means that the defect must be discovered and reported during the warranty period. If the car's warranty has expired, it may be more difficult to pursue a Lemon Law claim unless the defect occurred while the vehicle was still under warranty, and the manufacturer failed to repair it.
Reasonable number of repair attempts: A vehicle is considered a lemon if the manufacturer or authorized dealer has made a reasonable number of attempts to fix the defect, but the problem persists.
The defect wasn’t caused by misuse: The defect in question must not have been caused by the owner’s misuse, neglect, or unauthorized modifications to the vehicle. If the problem is due to improper maintenance, reckless driving, or other forms of owner negligence, the vehicle won’t qualify as a lemon under California’s Lemon Law.
What Is Considered a Reasonable Number of Repair Attempts?
Determining what constitutes a "reasonable number of repair attempts" can sometimes be a point of confusion for consumers. California's Lemon Law outlines specific criteria to help guide this determination:
Serious safety defects: If the defect could result in death or serious injury (such as faulty brakes or steering), the manufacturer is usually given two attempts to repair the problem. If the defect persists after two attempts, the vehicle may be classified as a lemon.
Non-safety-related defects: For less dangerous issues, manufacturers are generally allowed up to four repair attempts before the vehicle can be declared a lemon.
Vehicle out of service for 30 days: If the vehicle has been out of service for 30 days or more (cumulative, not consecutive), it may also be considered a lemon, according to the California Department of Consumer Affairs. These 30 days don’t have to be consecutive, and they can occur for multiple repairs of the same or different defects.
These guidelines help determine if your vehicle has undergone a reasonable number of repair attempts. If the manufacturer can’t repair the issue within these parameters, you may have a valid Lemon Law claim.
Types of Vehicles Covered by California’s Lemon Law
California’s Lemon Law covers a wide range of vehicles, including:
New and used vehicles: As long as the used vehicle is sold with a certified warranty, it can be covered under the Lemon Law.
Cars, trucks, and SUVs: The law applies to both consumer and commercial vehicles, including passenger cars, trucks, and SUVs.
Leased vehicles: If you lease a vehicle that has significant defects, you may still qualify for protection under the Lemon Law.
Recreational vehicles (RVs) and motorhomes: The Lemon Law also extends to certain parts of RVs and motorhomes, although it generally applies only to the vehicle portion, not the living quarters.
Certified pre-owned (CPO) vehicles: If the vehicle is certified pre-owned and sold with a warranty, it may qualify for Lemon Law protection.
Notably, motorcycles and off-road vehicles aren’t covered under California's Lemon Law, although other consumer protection laws may still apply.
What to Do If You Believe Your Car Is a Lemon
If you believe your vehicle qualifies as a lemon, there are several steps you should take to protect your rights and strengthen your case under California’s Lemon Law:
Keep detailed records: Keep copies of all repair orders, invoices, and communications with the manufacturer or dealership. These records should include the dates of repair attempts, descriptions of the defect, and any parts or labor performed. These documents will serve as crucial evidence in proving that the vehicle has undergone multiple repair attempts.
Notify the manufacturer: Before pursuing a Lemon Law claim, you must give the manufacturer an opportunity to repair the defect. Make sure to notify the manufacturer or authorized dealer of the problem and give them a reasonable chance to fix it.
Request a manufacturer buyback or replacement: If the defect persists after a reasonable number of repair attempts, you can request that the manufacturer either repurchase the vehicle or provide you with a replacement. In a buyback scenario, the manufacturer must refund the full purchase price of the vehicle, including taxes, registration fees, and any incidental costs, such as towing or rental car expenses.
Consult with a Lemon Law attorney: If the manufacturer refuses to buy back or replace your vehicle, you may need to consult with a Lemon Law attorney. An attorney who is experienced in Lemon Law may help you through the legal process, negotiate with the manufacturer, and, if necessary, file a lawsuit on your behalf.
Lemon Law Buyback vs. Vehicle Replacement
If your vehicle qualifies as a lemon, you generally have two options: a buyback or a replacement vehicle. Here’s how each option works:
Buyback: In a buyback, the manufacturer repurchases the defective vehicle from you. This includes reimbursing you for the purchase price, taxes, registration fees, and any incidental costs you incurred due to the defect (such as towing or rental car expenses).
Replacement vehicle: In some cases, you may opt for a replacement vehicle instead of a buyback. The replacement vehicle must be substantially similar to your original vehicle in terms of make, model, and features. The manufacturer is responsible for covering any price difference between the vehicles. However, if the new vehicle costs more than your original purchase, you may be required to pay the difference.
Both options offer a fair remedy for consumers stuck with defective vehicles, but the choice between a buyback and a replacement depends on your preferences and circumstances.
Used Vehicles and the Lemon Law
Contrary to popular belief, California’s Lemon Law can apply to used vehicles, as long as they’re sold with a certified warranty.
However, it’s important to note that if you buy a used vehicle "as-is" without any warranty, the Lemon Law doesn’t apply. In such cases, buyers have little recourse if the vehicle turns out to be defective. Always check whether a used vehicle is sold with a warranty before making a purchase.
Get Help With a Lemon Vehicle Today
California’s Lemon Law provides protections for buyers who purchase or lease defective vehicles. If your car has a defect that impairs its use, value, or safety and can’t be repaired after a reasonable number of attempts, it may qualify as a lemon. Get help with this process from an attorney at the Law Offices of Kevin Faulk. Call us today to get started with a free consultation.