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California’s lemon law is an important consumer protection law that covers defective vehicles. If you have recently purchased a new or used vehicle in California and are experiencing severe defects that cannot be repaired, you may be entitled to a refund or replacement vehicle under the lemon law. This law applies to both purchased and leased vehicles, and it is crucial to understand your rights as a consumer in order to seek the appropriate remedy.
Frequently Asked Questions About Lemon Law
The California lemon law, found in the Civil Code (§ 1793.2 et seq.), provides protection for consumers whose vehicles are defective and cannot be fixed after multiple attempts. This law is relevant for most new vehicles bought or leased in California that are within the manufacturer’s warranty period. The consumer may be entitled to a full refund or vehicle replacement.
Once the consumer has taken the vehicle in for warranty work multiple times with no resolution – they may qualify for lemon law. In this case, keep all service receipts and documentation. A consumer may arbitrate their case with the manufacturer, but this is not necessary, and it often leaves cases unresolved. Your next step is to call Prestige Legal Solutions at (310) 627-2665. We’ll take it from there – helping you to make informed decisions and facilitating the negotiation process.
California’s lemon law applies to new and used vehicles with the manufacturer’s new vehicle warranty. A vehicle qualifies for lemon law; if the manufacturer or dealer cannot fix a serious warranty defect after a reasonable number of attempts, they must either replace the vehicle or refund its purchase price. This is determined by factors such as repeated unsuccessful repair attempts, safety concerns, or the vehicle being in the shop for more than 30 days for warranty repairs. This is known as the lemon law presumption.
There is no set number of repairs necessary before a vehicle qualifies as a lemon, but multiple attempts must be made to repair the vehicle. Typically, 3-4 attempts are enough to begin litigation and qualify you for compensation. Only two attempts are necessary if the issue might cause serious injury or death. Additionally, if the manufacturer has your car in for repairs for more than 30 days, you may have a claim.
Taking the vehicle to the dealership for repairs under warranty within 18 months or 18,000 miles of the original purchase, whichever comes first. Multiple attempts to correct the same issue under warranty are considered valid, as are any immediate safety concerns or dealership repairs exceeding 30 days.
The statute of limitations on the California lemon law allows up to four years from the first failed repair attempt date.
Technically, no. You may file a complaint directly with the manufacturer of the vehicle. However, consumers are often unhappy with the results of doing so themselves and seek out our help afterward. This is not necessary, and retaining one of our lawyers is highly recommended for the best results. Call us today for a consultation, and we will discuss how we can help you proceed with your claim.
Nothing. Consultations are always complimentary – and at Prestige Legal Solutions, we don’t collect any fees until we win your case. Our legal fees are often collected from the manufacturer at no or little cost to you.
There is no set timeframe for how long a lemon law case in California will take. It can vary depending on many factors, with some resolutions taking as little as 90 days. Other situations may take more time. We encourage you to give us a call as soon as possible so we can evaluate your case and ensure no time is wasted.
The California lemon law applies to cars, trucks, motorcycles, vans, boats, motorhome chassis, SUVs, and more, as long as they were purchased or leased for personal, family, or household purposes in California and still under manufacturer warranty.
California’s lemon law covers used vehicles as long as they are still under the original manufacturer’s warranty or have had repair attempts while the car is still under the original warranty. Many vehicles sold as “Certified Pre-Owned” qualify under the dealership’s extended warranty.
No, lemon laws do not apply to private sales. If you bought a vehicle from someone other than a retailer, there are no protections for legal recourse under California’s lemon law or Vehicle Buyback rules.
If the vehicle had multiple repair attempts while under warranty, but the warranty has now expired, you may still have a case. As long as you have documentation of repair attempts while under warranty, the lemon law still applies to your situation. Call us today for guidance on your specific situation.