California’s Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, offers protection to consumers who purchase or lease defective vehicles. This law ensures that if a vehicle is repeatedly defective or poses safety risks, the buyer may be entitled to a refund or replacement. Understanding what qualifies as a “lemon” under California law is essential for anyone who experiences ongoing problems with their vehicle.

Key Criteria to Qualify as a Lemon

To determine if a vehicle qualifies as a lemon, California law outlines specific criteria that must be met. These requirements are aimed at protecting consumers from being stuck with a vehicle that is unsafe or unreliable.

1. New or Leased Vehicle: The Lemon Law applies to new or leased vehicles that are still under the manufacturer’s original warranty. This includes cars, trucks, and SUVs, as well as some other vehicles such as motorcycles and motorhomes. However, California also extends some protection to certified pre-owned vehicles if they come with a warranty.
2. Substantial Defects: The defect must substantially impair the vehicle’s use, value, or safety. In other words, minor cosmetic issues or small inconveniences generally do not qualify a vehicle as a lemon. Substantial defects can include persistent mechanical problems, engine issues, brake failures, or faulty electrical systems that hinder the car’s safe and reliable operation.
3. Manufacturer’s Repair Attempts: One of the core aspects of qualifying as a lemon is that the manufacturer must have been given a reasonable number of attempts to repair the defect. The specifics of this criterion can vary, but typically the law considers:
   • Four or more attempts to repair the same issue.
   • Two or more repair attempts if the defect poses a substantial safety risk (such as brake failure or steering issues).
   • If the vehicle has been out of service for 30 days or more, cumulative, due to the defect, it may qualify as a lemon.
4. Timeframe of Defects: The issues must occur within a specific time period. Under California’s Lemon Law, the defects must arise within the first 18 months of ownership or before the vehicle surpasses 18,000 miles, whichever comes first. However, even if the defect emerges outside this timeframe, the vehicle may still qualify if it meets other criteria.

What to Do if You Think You Have a Lemon

If you believe your vehicle qualifies as a lemon, you should gather documentation related to your purchase or lease, along with records of all repair attempts. It’s important to keep copies of work orders, invoices, and communication with the dealership or manufacturer. This information can be critical in proving your claim.

Seeking legal assistance is highly recommended. Lemon Law cases can be complex, and having an attorney who understands California’s specific laws can significantly increase the chances of a successful outcome. The Law Office of Jacob K. Kashani specializes in Lemon Law cases and can offer expert guidance on how to proceed with your claim.

Conclusion

In summary, for a vehicle to qualify as a lemon under California law, it must have significant defects that affect its use, value, or safety, and the manufacturer must have failed to repair the issue after a reasonable number of attempts. By understanding these criteria, consumers can protect their rights and seek compensation if they are sold a faulty vehicle.