California Lemon Laws
Lemon Laws in California provide compensation to California consumers with defective automobiles and trucks, motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the Lemon Laws California, you must have a product that underwent multiple repair attempts pursuant to an express written warranty. If a vehicle is purchased “as-is” or “with all faults,” the Lemon Law does not apply. Lemon Law compensation includes a refund or replacement and cash compensation for official fees and incidental charges.
To recover under the Californian Lemon Law, you must first show that your vehicle is defective. A defective vehicle (new, used or leased) is a vehicle with a nonconformity that substantially impairs the use, value or safety of the vehicle to the owner or lessee. Annoyances, such as poor radio reception, normally do not make a Lemon Law claim. Serious problems with brakes, transmission, engine function, SRS/airbag, seat belts, air conditioning, persistent water leaks, oil leaks and overheating are examples of Lemon Law impairments. Significant paint defects from the factory could also be considered substantial impairments. In contested Lemon Law cases, the judge or jury decides whether a defect is a substantial impairment.
You must also show that your defective vehicle is a “Lemon.” A defective vehicle is a “Lemon” if (1) the manufacturer has not successfully repaired the vehicle after a reasonable number of attempts; or (2) the vehicle has been out of service for a particular number of days. The law does not specify what number of attempts is a “reasonable number of attempts,” nor does the law specify how long the vehicle must be out of service. Whether your vehicle is a “Lemon” is also a decision for a judge or jury.
However, your vehicle is presumed to be a “Lemon” if (1) the manufacturer or its agent (such as an authorized dealer) made 4 or more attempts to repair the same defect within 18 months from delivery or 18,000 miles of use, whichever occurs first; or (2) the vehicle was in the shop for more than 30 calendar days (cumulative) since delivery due to repair of the defect by the manufacturer or its agent. Under California Lemon Law, a vehicle is considered a “Lemon” if it fails 2 attempts at repairing life-threatening defects. Further, to establish the presumption that your vehicle is a “Lemon,” you must directly notify the manufacturer of the need for repair at least once only if the manufacturer has clearly and conspicuously disclosed to you, in the warranty or owner’s manual, the provisions of the Lemon Law and the direct notice requirement.
The Lemon Law will not protect you if you take your vehicle to a shop that is not an authorized agent of the manufacturer because the Lemon Law allows the manufacturer or its agents to have a reasonable opportunity to repair the vehicle. Also note that the Lemon Law applies to materially defective vehicles after the expiration of the warranty if a repair attempt was made before the warranty expired.
The foregoing information should not be construed as legal advice. All liability with respect to actions taken or not taken based on the foregoing information is expressly disclaimed. For advice concerning your legal rights, you should consult an attorney.