California lemon law FAQs
The California lemon law allows a consumer to obtain either a refund or a new replacement vehicle if the manufacturer is unable to repair a defective vehicle and the defect(s) substantially affect the use, value or safety of the vehicle.
There is a common misconception concerning the Lemon Law, that it only applies to vehicles that are less than one year old and have less than 12,000 miles. This is not true! The California lemon law applies to vehicles regardless of how old they are or how many miles they have. As long as the vehicle is having warranty problems, the Lemon Law may apply.
If a vehicle is brought in for the same repair 4 or more times, or has been out of service for more than 30 days during the manufacturer's warranty period (typically 36 months or 36,000 miles, whichever occurs first), your car may qualify under the California Lemon Law.
If the defects you are currently experiencing first arose during the manufacturer's original warranty period and the dealership was given an opportunity to repair them prior to the expiration of the warranty, you may be entitled to relief under the California Lemon Law.
No. The extended warranty is essentially a service contract that covers repairs on vehicles after the manufacturer's warranty has expired. Although an extended warranty may appear to be similar to a manufacturer's warranty, it is not the same. The California Lemon Law requires that a defective vehicle be repaired under the manufacturer's original warranty in order for a consumer to be entitled to a refund or new replacement vehicle.
Full-time, active-duty members of the Armed Forces who are stationed or residing in California at the time of purchase or lease are protected by the Lemon Law even if their vehicles were purchased or registered outside of the state. Read more here.
Probably Not!
All of the major auto manufacturers have "customer care" centers to deal with consumers who are having problems with their defective automobiles. In most cases, the representative will tell consumers they will investigate the consumer's claims and further review the situation or enlist the help of an area representative or the dealership to help you. Leading you to believe they are diligently working to resolve the situation, the manufacturer is simply delaying you from pursuing your legal rights under the California Lemon Law. The manufacturer realizes that many people will simply get fed up and sell their car or trade it in at the dealership.
In the rare instance where a manufacturer offers a refund or replacement, they often fail to pay the consumer his or her full entitlement under the Lemon Law. Consumers are routinely charged thousands of dollars in excessive mileage fees, taxes and other fees, for which the manufacturer would otherwise be responsible under the Lemon Law. Consumers are encouraged to seek legal counsel prior to accepting any offer made by the manufacturer. Since the California Lemon Law requires the manufacturer to pay our attorney's fees, there is no reason for you to represent yourself in these cases.
Call Mike Saunders, The Lemon Lawyer, for a free consultation, or email us to learn about your rights under the California Lemon Law.
The Lemon Law extends its coverage to the following categories of new and used vehicles, provided they are accompanied by the manufacturer's new vehicle warranty:
- Automobiles, including cars, pickup trucks, vans, and SUVs.
- The chassis, chassis cab, and drive train of motor homes.
- Dealer-owned vehicles and demonstrators.
- Many vehicles acquired or leased primarily for business purposes.
Ensure that you act promptly to protect your rights under California's Lemon Law. Begin by researching reputable California Lemon Law attorneys who can advocate for you in your claim. Remember, there is no cost to the consumer. Gather all documentation pertaining to your vehicle's repair history for the specific defect. I can take it from here and keep you updated every step of the way.
Per the California Lemon Law, a vehicle is deemed to be a lemon if, during the warranty period, it has undergone a reasonable number of unsuccessful repair attempts. Essential documentation such as repair orders, receipts, and service records serve as crucial evidence in substantiating these claims.
In accordance with California's Lemon Law, consumers may qualify for a buyback refund, replacement vehicle, or cash compensation. These criteria typically include the presence of a defect that remains unresolved after a reasonable number of repair attempts. It's important for consumers to familiarize themselves with these provisions and gather relevant documentation to support their claim for these remedies.
Engaging a California Lemon Law attorney won't require any payment from you. Lemon Law attorneys typically operate on a contingency basis, meaning they are compensated only if your case is successful. In such scenarios, the manufacturer is responsible for covering your legal fees, offering a notable advantage to consumers.
To qualify as a “Lemon”, your car must have substantial defects or issues that affect its use, value, or safety. These problems typically constitute a lemon:
- Substantial Defects
- Recurrent Issues
- Warranty Coverage
- Impact on Use, Value, or Safety
Read more to see what makes your car a lemon and what isn't a lemon.
Yes! Strongly consider seeking legal representation. Manufacturers often have teams focused on limiting payouts, delaying resolutions, or offering settlements far below what you deserve. Without a knowledgeable Lemon Law attorney, you risk:
- Lowball offers that don’t account for your full entitlement
- Excessive fees, mileage surcharges, or taxes you shouldn't need to pay.
- Missing key deadlines or eligibility criteria under the law.
An experienced attorney levels the playing field. We know how to negotiate, gather vital evidence, and enforce the law. Plus, California's Lemon Law requires manufacturers to pay your legal fees, so you pay nothing out of pocket.
Generally speaking, California’s Lemon Law only applies to vehicles sold and registered in California. A car is typically considered “sold in California” if the title passes from seller to buyer within the state. However, there are exceptions, particularly for active-duty military members stationed in California. If you're unsure whether your out-of-state purchase qualifies, it's best to consult a Lemon Law attorney familiar with jurisdictional nuances.
In most cases, no. California Lemon Law does not apply to private sales. It covers vehicles purchased or leased from a dealership or manufacturer, where the original warranty is in effect. That said, some exceptions may apply, and you may have federal protections under the Magnuson-Moss Warranty Act, so it’s worth speaking with a Lemon Law attorney to understand your rights.
Some common hurdles include:
- Insufficient documentation (e.g., incomplete service records or missing repair invoices)
- Misunderstanding the timeline or filing too late
- Dealing with manufacturer pushback or lowball settlement offers
Working with a knowledgeable Lemon Law attorney helps you avoid missteps, gather evidence, and pursue maximum compensation.