If you’ve bought or leased a car in California that seems to always be in the shop more than it’s on the road, there’s a real possibility the California lemon law could help you out.
The law doesn’t just cover brand-new personal cars. It also includes certain business-use vehicles, demonstrators, and even parts of motor homes, so long as the vehicle came with a manufacturer’s new vehicle warranty and was either purchased in California or purchased by someone stationed in California if they’re in the military.
If you’re dealing with that situation right now, you’ve probably heard you need a lemon law attorney in California to even get started.
What Vehicles Are Actually Covered?
Your vehicle has to meet some key criteria to qualify for this law. First, it must have come with a manufacturer’s new vehicle warranty, used or new doesn’t matter, so long as the warranty is active. These are the types of vehicles that are covered:
- Personal-use vehicles like sedans, trucks, SUVs, and vans.
- Dealer-owned cars and demo models.
- Vehicles bought or leased for personal, family, or household reasons.
- Certain business-use vehicles, if the business owns fewer than five cars and the vehicle weighs less than 10,000 pounds.
- The chassis and drivetrain of a motorhome. But not the part you live in.
But if you bought a motorcycle, an RV that’s mainly a home, or a car without any new vehicle warranty coverage, unfortunately, you’re not covered.
How Do You Know If Your Car Qualifies?
This law isn’t centered on minor annoyances or one-off issues. Your vehicle must have a defect that’s serious and covered by the warranty, something that affects the use, value, or safety of the vehicle. And not just once, the car has to keep breaking down or be out of service long enough that it becomes clear the manufacturer can’t (or won’t) fix it properly.
Here’s what legally qualifies as a reasonable number of repair attempts:
- You’ve taken the car in four times for the same issue, and it’s still not fixed.
- The issue is so dangerous that it could cause death or serious injury, and you’ve taken it in twice, but it still isn’t fixed.
- The car has been in the repair shop for more than 30 days total, even if those days aren’t all in a row.
In any of these situations, California law presumes your car is a lemon. That means the burden now shifts to the manufacturer to prove it’s not.
What Happens If the Manufacturer Still Won’t Fix the Car?
If the car keeps failing and the dealership or manufacturer can’t repair it after a fair number of tries, the law requires the manufacturer to do one of two things:
- Replace the vehicle with a new one.
- Refund your money, including taxes and registration, minus a small amount for the time you used the car.
And no, you don’t have to go to court to make this happen. California has a state-certified arbitration program. You ask for arbitration, they review your situation, and they make a decision. You’re not even forced to accept that decision; it’s up to you.
What If You Bought the Car Used?
This is a big one. If the used car came with the manufacturer’s original warranty still active, you’re still covered. But if it didn’t, if it was sold as is with no manufacturer warranty, then the Lemon Law won’t apply.
So if you’re buying used, always check: Is the manufacturer’s warranty still valid? That one detail changes everything.
The Steps You Need to Take If You Think You Have a Lemon
Let’s say your car has been in the shop five times, or it’s been out of service for over a month. Here’s what you should do:
- Keep records: Everything. Repair invoices, service reports, what the issue was each time, and how long it took.
- Know your warranty: Is the issue something covered under it?
- Let the manufacturer try: You have to give them a fair chance to fix it. But not endless chances.
- Talk to a lemon law attorney: They’ll let you know right away if your case qualifies. Most will review your case for free.
And remember, a lot of these attorneys don’t charge you upfront. California law requires the manufacturer to cover your legal fees if you win your claim.
