Lemon Law
California’s Lemon Law, known as the Song-Beverly Consumer Warranty Act, provides protection to consumers who purchase or lease new vehicles covered under the manufacturer’s warranty that fail to meet quality and performance standards. If a vehicle cannot be conformed to the warranty after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price to the consumer.
✓ Coverage for New and Some Used Vehicles: California’s Lemon Law applies not only to new but also to certain used vehicles.
✓ Reasonable Number of Repair Attempts: A vehicle is generally considered a lemon if it requires two or more repair attempts for a serious safety defect or four attempts for other substantial defects, or if it’s been out of service for more than 30 days in total due to warranty repairs. However, even one repair attempt can qualify under the Lemon Law.
✓ Refund or Replacement: If the vehicle is deemed a lemon, the manufacturer is required to either replace the defective vehicle, or refund the vehicle and provide reimbursement to the consumer.
✓ No Cost to the Consumer: Manufacturers are responsible for all legal fees and costs associated with a lemon law claim, meaning consumers can pursue a claim without the worry of legal costs. While other California Lemon Law attorneys work on a contingency fee basis, we do NOT charge any hidden fees, retainer fees, nor contingency fees for Lemon Law claims.
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California Lemon Law FAQ
California’s Song-Beverly Consumer Warranty Act protects purchasers and lessees of defective vehicles. If a manufacturer or its California representative (authorized dealership) is unable to service or repair a vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either promptly replace the vehicle or promptly make restitution to the purchaser or lessee.
California’s Lemon Law covers a majority of new vehicles and most used vehicles sold or leased in California with a warranty. The following are covered by California’s Lemon Law:
- Vehicles purchased or leased for personal, family, or household purposes
- Vehicles purchased or leased for business purposes where the purchaser or lessee has no more than five vehicles registered in California
- Vehicles with a gross weight of under 10,000 pounds
- Certified Pre-Owned vehicles purchased or leased from a manufacturer’s authorized dealership
- Dealership-Owned Vehicles
- Demonstrator (“Demo”) vehicles
If you have taken your car to a manufacturer’s authorized dealership/repair facility for repair on multiple times and the authorized dealership/repair facility has been unable to repair the vehicle, your vehicle may qualify as a lemon. Consumers who believe their vehicle is a lemon should contact a qualified lemon law attorney immediately.
You may elect to either have the manufacturer provide you with a replacement vehicle, or to have the manufacturer refund the vehicle and reimburse you for the following:
- Down Payment
- Monthly Payments
- Registration Fees
- Taxes
- Cost of Repair
- Incidental expenses (i.e., money paid for rental vehicles)
- Attorneys’ Fees
If a vehicle is deemed a lemon, the manufacturer must either promptly replace the vehicle or promptly make restitution to the purchaser or lessee. Additionally, the manufacturer must pay for the consumer’s attorney fees.
While the law doesn’t specify an exact number of repair attempts needed, a vehicle is generally considered a lemon if it requires two or more repair attempts for a serious safety defect or four attempts for other substantial defects, or if it’s been out of service for more than 30 days in total due to repairs.
A repair attempt includes any time the vehicle is taken to the manufacturer’s authorized dealership/repair facility for diagnosis or repair of an issue covered under warranty. Manufacturers will often claim a repair visit should only count where the authorized dealership actually performed warranty repairs on the vehicle. However, it is our position that each repair visit counts, whether or not the dealer performed warrantable repairs.
While it’s not mandatory, hiring a lawyer with lemon law experience can significantly improve your chances of a favorable outcome without any cost to you, as legal fees are paid by the manufacturer. At Petrosyan Law, P.C., we have experience in both prosecuting and defending lemon law claims, which in turn allows for strategic handling of your lemon law claim.
While other California Lemon Law attorneys work on a contingency fee basis, we do NOT charge any hidden fees, retainer fees, nor contingency fees for Lemon Law claims. Attorney fees are paid for by manufacturers, meaning there is no cost to you for obtaining an attorney for your lemon law claim.
Consumers who believe their vehicle is a lemon under California’s lemon law have four-years from the date you first realized the vehicle could be a lemon to file a lawsuit.
Each and every Lemon Law case is different. Cases can vary, typically ranging from a few months to over a year, depending on the complexity of the case and the manufacturer’s response. As your attorney, we are ethically obligated to convey every settlement offer from the manufacturer to you. The decision of whether to accept or reject an offer is yours and yours only; however, we will provide our opinion of the manufacturer’s offer.
Used-car Lemon Law claims may be difficult and typically require an experienced California Lemon Law attorney. A recent decision published by California’s Appellate Court has narrowed the protection under California’s Lemon Law for used vehicles. At this time, Certified Pre-Owned qualify under California’s Lemon Law because the manufacturer re-issued a new warranty to the purchaser. However, a used vehicle purchased with a remainder of the vehicle’s warranty does not qualify under California’s Lemon Law.
Vehicles purchased through a private sale are not afforded protection under California’s Lemon Law. The Lemon Law applies primarily to vehicles purchased or leased from a manufacturer’s authorized dealership.
If a vehicle was serviced during the warranty period for a defect that has not been repaired, California’s Lemon Law will apply.
Yes, motorcycles are covered under California’s Lemon Law.
An RV’s or motorhome’s chassis, drive train, and chassis cab are protected under California’s Lemon Law.
Yes, as long as the business has five or fewer vehicles registered and the vehicle weighs less than 10,000 pounds.
California’s Lemon Law covers customized vehicles; however, a manufacturer is not required to repair defects resulting from unauthorized customization of a vehicle. As long as the defect is not a result of the unauthorized customization, the vehicle may be covered under California’s Lemon Law.
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