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California Lemon Laws: Consumer Lemon Law Can Help
Dealing with a lemon vehicle can be really frustrating, right? We get it. That’s why we’re here to help you find the best California Lemon Law attorney near you.
The California Lemon Law is designed to protect consumers who purchase or lease new or used vehicles in California that turn out to be defective. The law applies when these defects substantially impair the vehicle’s use, value, or safety.
What is considered “reasonable” in terms of repair attempts can vary, but generally, if the vehicle cannot be fixed after a reasonable number of attempts, it may qualify under the Lemon Law.
Call us today and we will connect you with a California Lemon Lawyer near you.
What is The California Lemon Law?
The Lemon Law in California requires an automobile maker to either replace faulty automobiles, refund their costs if they are defective, or offer a Lemon Law buyback. The law can be enforced if the defective vehicle is not repaired within its original condition.
What is The Song-Beverly Consumer Warranty Act?
The Song-Beverly Consumer Warranty Act often referred to as California’s Lemon Law, is a set of legal statutes designed to provide protection to consumers who purchase or lease new motor vehicles. The key aspects of this act include:
Consumer Protections: The Act mandates that if a vehicle or other consumer goods are found to be defective and cannot be repaired after a reasonable number of attempts, the manufacturer must either replace or refund the consumer.
Coverage of New Goods: It covers new goods that are sold at retail in California, ensuring that they come with a warranty.
Refund or Replacement: Under this act, if a vehicle is deemed a lemon, consumers have the option to choose between a refund or a replacement vehicle.
Scope of the Act: The Song-Beverly Act is the umbrella under which the California Lemon Law falls, specifically targeting defective vehicles and providing a framework for resolution between consumers and manufacturers.
What Does The Tanner Act do?
The Tanner Act, under the Lemon Law in California, provides protection to consumers who either purchase or lease a new defective vehicle by providing a guideline on how many repair attempts are acceptable before seeking a Lemon Law claim.
In California, the defective vehicle can be repaired by the dealer for the same faulty part twice during the initial 18,000 miles or 18 months. If the repair attempts are unsuccessful, then the vehicle qualifies as a lemon.
If the car is not safe to drive, or not functioning correctly as a new car should, then it qualifies as a lemon. Also, if the car is undrivable for at least 30 days or more since driving it off the lot, then there’s a valid lemon law claim.
A Lemon Law lawyer can help you start your lemon law case if your car presents one of the problems mentioned.
CA Lemon Law for Used Cars
The California Lemon Law for a used car purchased under warranty from a dealer or retailer (30-day, 1000-mile warranty, or Certified Pre-Owned) covers defects that cannot be repaired after a “reasonable number of attempts”.
The law does not cover a used defective vehicle that was purchased from an individual. A defective car that is still under a manufacturer’s new vehicle warranty should be taken back to the dealership to be repaired.
Statue of Limitations of The California Lemon Law
In California, the statute of limitations for lemon law claims is four years from the date when the defect was first discovered.
This means that if you believe your vehicle is a lemon, you have a hard deadline of 4 years from the moment you first notice the issue to file a lawsuit.
After this period, any claims under the California Lemon Law will be invalid. California residents must abide by this strict timeline and act quickly if they believe they have a lemon law claim, to ensure they don’t lose their rights.
What Won't The Law Protect?
As with any law, there are some limitations where the Lemon Law falls short.
For California, commercial vehicles and modifications may become an issue.
Commercial vehicles
In California, the Lemon Laws extend its protections to commercial vehicles, but specific limitations exist.
For commercial vehicles, the law covers vehicles with a gross vehicle weight under 10,000 pounds that are bought or used primarily for a business.
This includes vehicles used for business where the owner has five or fewer registered vehicles. However, larger commercial vehicles or fleets exceeding five registered vehicles are typically not protected under California’s Lemon Law.
It’s essential for business owners and operators in California to be cognizant of these limitations when considering any potential lemon law claims for their commercial vehicles.
Always consult with an experienced attorney in Lemon laws to navigate the specifics of your situation.
Modifications made by consumers
It’s important to understand that modifying your vehicle could impact its eligibility under the California Lemon Law.
If you make significant alterations or modifications after purchasing a new vehicle and subsequently encounter issues with those specific modifications rather than with the original components provided by the manufacturer, it may affect your ability to seek relief under the Lemon Law.
Keep in mind that these modifications should be substantial enough to cause or contribute significantly to any defects experienced. Think you are ready to speak to a lemon law specialist? Call us today.
Do You Have a California Lemon?
How to Hire an Experienced Lemon Law Attorney in California
If you think your car might be a lemon in California, it’s a good idea to reach out to Consumer Lemon Law and speak to one of our advocates. We can connect you with a skilled lemon law attorney in your area.
Once you connect with a local Lemon Lawyer, they can talk with the automobile manufacturer for you and guide you on the best steps to take.
Plus, if you win your lemon law case in California, the automobile manufacturer has to pay your attorney’s fees.
California Lemon Law Frequently Asked Questions
What is the California Lemon Law and how does it protect consumers?
The California Lemon Law (Civ. Code, § 1793.2 et seq.) is designed to protect consumers when their vehicle is defective and cannot be repaired after a “reasonable” number of attempts. If a vehicle is deemed a “lemon,” the manufacturer or dealer must either fully repurchase or repair the car
Does the California Lemon Law cover used vehicles?
Yes, the California Lemon Law covers used vehicles. From 2013 onwards, even “buy here, pay here” used car dealers in California are required to offer at least a 30-day warranty or similar protection
How many repair attempts are required for a vehicle to qualify under California's Lemon Law?
The California Used Car Lemon Law provides the manufacturer and its authorized dealers with a reasonable number of attempts to repair defects. The specific number is not explicitly mentioned in the provided search results, but it’s implied that if defects persist after multiple repair attempts, the vehicle may qualify as a lemon
Can other consumer goods like RVs, boats, and motorcycles be covered under the California Lemon Law?
The provided search results do not explicitly mention whether RVs, boats, and motorcycles are covered under the California Lemon Law. However, it’s advisable to consult with a legal expert or refer to the official California Lemon Law documentation for specific details.
How can I determine if my vehicle or consumer good qualifies for protection under the California Lemon Law?
To determine if a vehicle or consumer good qualifies for protection under the California Lemon Law, one should consult with a lemon law attorney or expert. They can assess the situation, review the product’s service history, and guide the owner on the next steps. Additionally, the law states that consumers have four years from the date that the product’s defects first appeared to file a claim
