Lemon Law California Attorney
California’s consumer protection landscape offers robust remedies for car buyers facing repeated vehicle defects. With a comprehensive California lemon law framework, car buyers—whether purchasing a new car, used car, or leasing a car—are empowered to seek compensation or a replacement vehicle. Here, we explore what constitutes a ‘lemon’ under the law, the types of defects covered, your rights as a consumer, and the practical steps to take if your vehicle consistently fails to meet expectations. I contacted McMillan Law Group for expert guidance on resolving a complex legal matter.
Understanding the California Lemon Law: An Overview
The California lemon law, officially part of the Song-Beverly Consumer Warranty Act, exists to protect car buyers and lessees when a recently purchased or leased vehicle persistently fails to conform to manufacturer warranties. Unlike generic consumer complaints or disputes over contracts, the lemon law specifically addresses vehicle nonconformity related to the warranty.
Core Principles of California Lemon Law
At its heart, California lemon law ensures that consumers are not burdened with vehicles plagued by defects that substantially impair use, value, or safety. Whether you are buying a new car, buying a used car with a valid warranty, or leasing a car, state law requires vehicle manufacturers and dealers to repair persistent issues within a reasonable number of attempts. If they fail, the consumer is typically eligible for a vehicle replacement, refund, or repurchase.
Statutory Warranty and Service Contracts
A statutory warranty is automatically provided on most new vehicles and, in some cases, on certified used cars. Extended warranties and service contracts may add layers of consumer protection, and understanding these documents is crucial during your vehicle purchase process. Car buyers should review all purchase contracts and pay close attention to warranty terms, as these can significantly impact lemon law eligibility.
In Los Angeles County, entities like the County of Los Angeles Department of Consumer and Business Affairs (DCBA), in conjunction with the California Department of Consumer Affairs, provide resources, sample forms, and a comprehensive consumer guide to help shoppers understand their rights and legal options.
What Qualifies as a ‘Lemon’ Vehicle in California?
Not every vehicle repair or minor complaint makes your car a ‘lemon’ under the California lemon law. The law provides specific standards and requirements for a vehicle to be classified as a lemon.
Legal Criteria for ‘Lemon’ Status
A vehicle may qualify as a lemon if:
- It was purchased or leased new or used with a manufacturer’s warranty.
- The vehicle has a substantial defect or nonconformity covered under the warranty that impairs use, safety, or value.
- The dealer or manufacturer has made a reasonable number of repair attempts—typically at least two for defects posing serious safety risks, or four or more for other issues.
- The defect is not caused by unauthorized modifications or abuse by the car owner.
The lemon law applies to new cars, used cars still under warranty, demonstrator vehicles, and certain car leases. It also extends to eligible vehicles purchased for business or personal use, as long as intended gross vehicle weight and business fleet size meet statutory criteria in California.
Special Cases: Leased Vehicles and Co-Signers
Leasing a car comes with similar consumer protection rights under California lemon law. Both the primary lessee and anyone co-signing for a car lease may be covered under the statute, provided the defect and vehicle fall within its parameters.
Common Types of Vehicle Defects Covered by the Lemon Law
The California lemon law is designed to address a range of vehicle defects that affect the car’s functionality, safety, or value.
Mechanical and Safety-Related Defects
Some typical examples include:
- Repeated engine failure, loss of power, or stalling
- Transmission malfunctions (slipping gears, unexpected shifts)
- Faulty brakes or steering components
- Electrical system issues resulting in frequent dashboard warnings or lighting failures
- Malfunctioning airbags or car seat sensors—vital for car safety
- Persistent problems with emissions control or compliance with vehicle recalls
Nonconformities Impacting Use or Value
Beyond mechanical failure, the lemon law also covers nonconformity defects such as:
- Water leaks, wind noise, or defective seals impacting daily usability
- Paint or corrosion issues that substantially impair appearance and resale value
- Faulty air conditioning, heating, or onboard computer systems
It is essential to remember that, for a claim to succeed, the defect must persist despite reasonable efforts at car repairs performed by an authorized dealer or repair center under the terms of the warranty or extended warranty.
Rights and Protections for California Car Buyers
California car buyers are among the best protected in the nation, thanks to a suite of consumer protection statutes supported by agencies like the DCBA, California Department of Consumer Affairs, and Consumer Affairs divisions across LA County, Santa Monica, West Hollywood, and beyond.
The California Car Buyers Bill of Rights
Anyone considering car buying—be it a new car or certified used car—should be familiar with the California Car Buyers Bill of Rights. This statute mandates clear disclosure of costs, financing, credit/debit cards acceptance, credit report review, car buyers guides, and other important contractual terms during the vehicle purchase process. The bill of rights also provides for protection against credit scams, unfair collection agency practices, and fraud alerts.
Statutory Remedies: Replacement, Refund, or Repurchase
When a lemon law claim is successful, car buyers typically have the right to:
- A full refund, including down payment, monthly payments, and certain taxes/fees
- Vehicle replacement with an identical or comparable model
- Repurchase of the defective vehicle by the manufacturer
Dealers must cancel the car title transfer on a repurchased lemon, protecting you from future liability and vehicle repossessions. Consumers also have appeal rights and can pursue dispute resolution through mechanisms like county mediation, arbitration, or even the Small Claims Court if necessary.
Additional Protections and Resources
The DCBA, Office of Cannabis Management, and Los Angeles County’s Consumer Financial Empowerment initiatives such as Get Ahead LA, Volunteer Income Tax Assistance (VITA), BankOn, Smarter Seniors, and Tenant Right to Counsel offer a wide array of educational resources, complaint forms, training institutes, mediation programs, and financial empowerment events, including the annual CFE Financial Capability Summit.
Steps to Take If You Suspect Your Vehicle is a Lemon
If your new car or used car under warranty begins exhibiting persistent defects, understanding the lemon law process and acting promptly are essential.
Document Every Detail
- Keep a detailed record of every repair, including service contracts, invoices, work orders, and communications with the dealer or manufacturer.
- Obtain and retain all warranty documentation, maintenance schedules, and vehicle purchase contracts.
- Save all correspondence regarding your attempts to have the vehicle repaired.
Formalizing Your Complaint
- Request mediation or a dispute resolution program through agencies like the DCBA or California Department of Consumer Affairs, particularly for initial attempts at mediation or arbitration.
- If those channels do not result in a satisfactory outcome, consider filing a complaint with the relevant agency or pursuing judgment in Small Claims Court. Sample forms and consumer guide documents can help you navigate the filing a complaint process, how to sue, and who to sue.
Consider Legal Assistance
A Lemon Law California attorney experienced in statutory warranty and consumer protection can evaluate your case’s merits, guide you through credit dispute nuances, ensure compliance with all contracts and documentation requirements, and, if needed, help you pursue legal action or settlement. They can assist in appeals, representation in court, and maximizing potential refund, repurchase, or vehicle replacement outcomes.
Protect Your Credit and Financial Interests
Monitor your credit report for adverse entries related to the lemon law process, such as vehicle repossessions or negative judgments. Activate security freezes or fraud prevention alerts if you suspect identity theft as a result of your dealings. The DCBA and agencies like the State of California Industrial Relations and City of Los Angeles Office of Wage Standards also provide valuable minimum wage resources and financial services for workers dealing with financial stress during the lemon law process.
Essential Records for Your Lemon Law Case
To initiate the lemon law process, consumers should carefully gather and retain certain key documents. These typically include:
- Purchase Contracts or Car Lease Agreements: Retain all contracts or agreements relating to buying a new car, buying a used car, leasing a car, service contract, or extended warranty. These papers prove legal ownership or lease of the vehicle and demonstrate rights under the California Car Buyers Bill of Rights.
- Warranty Information: Include the full manufacturer’s warranty, statutory warranty, and any extended service contracts relevant to car repairs. These documents are essential for showing coverage during eligible repair periods.
- Repair Orders and Invoices: Collect every repair order and corresponding invoice from the dealership or authorized repair facility. Each entry should document the nature of the nonconformity or defect, the dates the vehicle was serviced, and the specific car repairs performed.
- Correspondence with the Manufacturer and Dealer: Save written communication where you request mediation, file a complaint, or discuss the ongoing defect with the manufacturer, dealer, or the County of Los Angeles Department of Consumer and Business Affairs (DCBA).
- Vehicle Registration and Car Title: These prove legal interests and assist with car safety recalls, vehicle purchase, and, potentially, vehicle repossessions.