California Lemon Law New Car Qualifications

California Lemon Law protects buyers who purchase a vehicle with defects that show up within the first 18,000 miles or 18 months. To qualify for the California lemon law guidelines, your vehicle must be under warranty with unrepairable defects, possibly making you eligible for a replacement or refund.

It’s time to get professional Lemon Law Lawyers on your side. After representing California drivers against some of the biggest car manufacturers, we know how to get the job done and we don’t stop until the vehicle manufacturers pay for selling you a lemon. Get your free Lemon Law Consultation today. 

As a premier Lemon law attorney, we hope to guide new car owners through the process of getting compensation for a defective vehicle. We show you how the California Lemon law applies to your situation and what the next legal actions should be.

What Is the California Lemon Law for New Cars?

The California Lemon Law refers to a set of statutes and regulations designed to protect consumers who purchase or lease defective vehicles. These laws provide legal recourse for consumers who have bought or leased a new vehicle that fails to meet the quality standards outlined in the warranty. In California, Lemon Law covers cars, trucks, SUVs, motorcycles, vans, motorhomes and electric vehicles.

Under California's Lemon law rules, the following types of vehicles are covered:

• New vehicles purchased with a manufacturer’s warranty
• New vehicles leased from a dealership
• Used vehicles sold with a factory warranty or dealer’s express written guarantee

Is Lemon Law only for new cars? Not necessarily. Used vehicles sold with a factory warranty or dealer’s express written guarantee may also be covered.

However, the law specifies that some vehicles are exempt from coverage, such as commercial vehicles that weigh more than 10,000 pounds (some chassis cab trucks) and off-road models. Trailers and mopeds aren't usually covered either, but you could discuss the situation with a lemon law attorney to see if you are owed any compensation.

If your new car has been purchased or leased and is still covered by the warranty, there must be a known vehicle defect that substantially impairs its use, safety or value. This defect must be covered under the manufacturer’s warranty and the dealership must have attempted to repair it. If your car fits these criteria, it's considered a lemon.

Authorized dealers are given a reasonable number of repair attempts before legal action can be taken. The allowance is often four repair tries, not totaling more than thirty days. Additionally, the defect must occur within the first 18 months from the time of vehicle delivery or 18,000 miles, whichever comes first.

If your vehicle meets these conditions, working with an experienced Lemon law attorney can ensure you receive maximum compensation. The average Lemon Law settlement ranges from $5,000 to $100,000, but most car manufacturers pay out more when the client is working with a California Lemon law attorney.

How Do I Know if My New Car Qualifies as a Lemon?

While there are some protections for used cars, let’s specifically look at how the new vehicle qualifies for compensation under California law. The bottom line is that the car must be covered under a manufacturer’s new vehicle warranty but have significant defects that impair the car’s use, safety, or value.

There are several types of problems covered by Lemon Law. Here are just a few to consider:

Mechanical failures: The defect can be a major mechanical failure, such as a stalling engine to anything minor, including a small oil leak.

Safety issues: Any problem that compromises your safety is covered, including faulty brakes or a malfunctioning airbag.

Structural defects: If there’s a defect in the frame or suspension, it could lead to an accident, so the vehicle is covered under lemon law protections.

Ongoing performance problems: Performance could be related to how much power the engine is outputting or how the ride feels, both of which are covered if there’s a defect that can’t be fixed.

Unresolved manufacturer recalls: Recalls must be repaired in a reasonable number of attempts or you may be due compensation.

It's important to consider what qualifies as a reasonable number of repair attempts under CA Lemon Law. The car must be in the repair shop for the same problem a minimum of four times or thirty days, whichever comes first. These regulations vary depending on the severity of the defect and its impact on vehicle safety and usability.

While it’s also essential to consider the vehicle warranty period and how it applies to coverage, there’s a presumption period for lemon law disputes. While a lemon vehicle must be covered by a manufacturer's or extended warranty, the case must also be filed within 18,000 miles or 18 months of vehicle delivery. Otherwise, you may forfeit your right to compensation under the California civil code.

What Should I Do if My New Car Is a Lemon in California?

While a used car may also be covered by state and federal laws (such as the Magnuson Moss Warranty Act), we are going to focus on how to get compensation for new car purchases and leases. Here are the steps of the Lemon Law Process to follow if you want to resolve the situation quickly and to your satisfaction.

Gather all documentation: You need records of every communication with the dealership’s service department and manufacturer. Ensure your documents include the names of the people you’ve spoken with, the date and time, and the resolution.

Pre-litigation demand: The next step would be to communicate with the manufacturer or dealership and request a refund or replacement. In many cases, these letters of demand receive zero attention unless they are sent from a legal firm. Lemon law presumes that you’ve given the manufacturer every chance to make things right, so this step must be taken before further legal action may proceed.

Arbitration/court: From here, the manufacturer may opt to go to arbitration, which would mean no court time. Otherwise, you may take the case to court and try to earn compensation that route.

With a car covered by lemon law protections, most manufacturers don’t want to go to court. That’s why it’s vital to have an experienced attorney, like the ones at The Lemon Pros, handling the negotiations for you.

How Long Do I Have to File a Lemon Law Claim in CA?

While the new car Lemon Law in California stipulates that the defect must occur within the first 18,000 miles or 18 months, you have a little more time to file the claim. You must file the claim within the California Lemon Law Time Limit, which is four years. If you don’t, there is no way of getting compensation for your defective vehicle under the Lemon Law in California.

Sometimes, a letter will be sent to the auto manufacturer, and they will immediately offer a lemon law buyback or replacement vehicle. In other situations, filing a lemon law case with the California courts may be necessary.

Many drivers assume that they have the entire warranty period to file the claim, but that’s not the case. However, even if you think that the California lemon laws don’t apply in your situation, it’s still wise to speak with a qualified attorney, especially if there has been a serious injury due to the defect.

What Kind of Compensation Is Expected for a New Lemon Car?

Now that you know what criteria is necessary to make the California Lemon law apply to your situation, it’s time to discuss what compensation may look like. You may be eligible for a replacement vehicle, a refund of the purchase price, a cash-and-keep settlement, or monetary compensation for damages. Let’s look at these options a little closer.

Replacement of the vehicle

Purchased and leased vehicles may be replaced by the manufacturer with one that is equal to or better than what’s already being driven. The automobile manufacturer must replace the defective car with one free of the same problems. This replacement vehicle should also come with a car warranty.

Refund of the purchase price

California Lemon law, based on the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act (California Civil Code, § 1793.2 et seq.) specifies that if your vehicle is defective and hasn’t been repaired after a reasonable amount of attempts, you may be owed a refund on the purchase price. Civil penalties do allow for deductions to be made for the time it was used.

Cash-and-keep settlement

The manufacturer may also offer the vehicle owner cash with the option to keep the vehicle even though it has defects. Depending upon the severity of the defects, this may be a good option. However, you'll want to investigate the rules under California's Lemon law about how you can sell this vehicle in the future. You also won't be able to file for further compensation under California Lemon law for those defects.

Monetary compensation for damages

In addition to the replacement or refund, you may receive monetary compensation for other damages incurred. For example, if you needed a car rental while your vehicle was in the repair shop, these fees may be reimbursed. Your legal fees may also be covered by the manufacturer if they are found to be liable. Any additional sales tax, registration fees, and expenses may be lumped into the settlement.

The overall settlement that you receive depends upon the severity of the defect, how long you’ve used the vehicle, and your legal representation. While California covers the consumer with protection, most manufacturers aren’t going to willingly give up the maximum amount of compensation without an attorney getting involved. For this reason, you want an experienced and qualified Lemon law attorney on your team.

Do you always have to file a Lemon Law Case to get Compensation?

Lemon law cases aren’t always fought in court. Your lawyer may decide that it’s best to reach out to the manufacturer and file with the California Department of Motor Vehicles (California DMV) instead. Your legal options can be explained to you during your free consultation with one of our attorneys.

How Can a Lemon Law Attorney Help Car Owners Maximize Payout?

A California lemon lawyer can help with mediation and negotiation. Lemon Law lawyers won't allow you to be pushed around or agree to terms that are unfavorable. If your California lemon law case goes to court, the facts will need to be discussed with a judge present. In either case, knowing the lemon laws and understanding your rights is imperative.

Whether you are filing for a leased car or a used vehicle purchased through private party sales, we can find ways to get the compensation you deserve. Because you don’t need to worry about the cost of a Lemon Law Attorney, there’s nothing stopping you from getting the representation you need for the maximum payout.

When choosing a Lemon Law attorney, make sure you choose someone who has a track record of getting results. Our California lemon law attorneys have helped thousands of other clients earn the maximum amount of compensation and we strive to do so for all our clients. Ask for their experience and only deal with someone confident enough to give you a free consultation. You also want a lemon law lawyer who will force the manufacturer to pay your legal fees so you don’t have to put any money out upfront.

How to Get the Most Out of Your Lemon Law Claim

For the best results, consider these three helpful tips for getting the maximum compensation.

Keep track of every communication. The more documentation you have, the better your chances are of getting paid for your trouble.

Don’t wait to hire an attorney. It’s best to have an attorney send the demand letter to the dealership and manufacturer. Most companies aren’t going to pay attention to a consumer sending the letter.

Be willing to negotiate. If the manufacturer gives you an offer that seems too low, your attorney can negotiate on your behalf to get more.

Defend Your Rights Through California's Lemon Law

If you have a new vehicle that’s been to adequate repair facilities and the defects haven’t been resolved, you may be due compensation. It must be covered by a manufacturer’s or extended warranty and the claim needs to be filed within the specified timeframe.

To get everything you deserve, having a qualified attorney working with you is important. By not knowing your rights, you could miss out on valuable compensation.

As soon as you suspect your vehicle is a lemon, it’s time to contact an attorney. Waiting could cost you money and time. Call a lemon car lawyer in California to ensure you get every penny that’s owed to you. Our lawyers have countless hours of experience fighting for consumers just like you. We’ve earned top dollar for our clients and we can do the same for your situation. Receive your free Lemon Law Consultation today.

You deserve to get compensated for a lemon car. Schedule an appointment at our Lemon Law Attorney Practice in Beverly Hills.

FAQs

Below are answers to common questions about Lemon Law claims, including how Lemon Law protection applies to defective motor vehicles and what steps consumers can take.

How Many Days Do You Have to Return a New Car in California?

California does not allow a standard return period for new cars. The California DMV does not offer a cooling-off period, and most sales are final. A return may still be possible through a California Lemon Law buyback if the vehicle has an unfixable defect.

How Can I Avoid Buying a Lemon New Car?

You can’t eliminate all risk, but a few steps can help reduce the chance of buying a lemon new car. Research recalls and complaints, test-drive thoroughly, and review the warranty before buying.

How Is the Refund Calculated for a New Car Lemon Law Claim?

Under California’s Lemon Law, a refund typically includes the vehicle’s purchase price, taxes, registration fees, and related costs. The manufacturer may subtract a mileage offset based on how many miles the car was driven before the defect first appeared.

What Documents Are Needed to File a California Lemon Law Claim?

To file a California Lemon Law claim, you typically need purchase or lease contracts, repair orders showing repeated fix attempts, warranty documents, and proof of payments such as registration or loan statements. Any written communication with the dealer or manufacturer can also help support your claim.

Does California Lemon Law Apply if My Car Has a Recurring Transmission Issue?

Yes. California Lemon Law covers recurring transmission problems if the defect substantially impairs your vehicle’s use, value, or safety and the manufacturer cannot fix it after a reasonable number of attempts. Keep detailed repair records and notify the manufacturer to strengthen your claim.

Do Lemon Laws Only Apply to New Cars?

No. While Lemon Laws most often apply to new cars, some states, including California, also extend protection to certain used cars sold with warranties. Coverage for used vehicles depends on the age, mileage, and whether a warranty is in place at the time of purchase.

Can I Get a New Car Under Lemon Law in California?

Yes. Under California’s Lemon Law, you may be entitled to a replacement vehicle if your new car has a defect that cannot be fixed after a reasonable number of repair attempts. The law ensures that serious, persistent problems trigger either a refund or a replacement.