California Lemon Law FAQs

Your vehicle qualifies under the California Lemon Law if the automobile manufacturers have been unable to repair a vehicle defect after a reasonable number of attempts during the warranty. Claims are only valid if the new car had a defect creating substantial impairment to the safety, use or value within 18,000 miles or 18 months of taking ownership. If serious bodily injury is a concern, the dealership has two attempts to repair the defect. Otherwise, it may need to be looked at up to four times before a lemon law claim can be filed against the vehicle manufacturers.

California lemon law applies after a reasonable number of attempts have been made, but that number differs depending on the situation. For serious safety concerns, only two visits are required. All other concerns need to have four visits before the lemon law process can begin. However, in all cases, the dealership cannot hold your car for more than thirty days.

Yes. While the majority of lemon law cases include new cars, there are provisions for used vehicles if there is a warranty. Leased vehicles are treated the same as new cars that have been purchased or financed.

Under California lemon law, you may be entitled to a refund, a lemon law buyback, or a replacement vehicle. During a lemon law buyback, the driver may receive the value of the down payment, any monthly payments that have been made and a full loan payoff. Additional costs and expenses may also be included, such as repair bills that were paid out of pocket, rental cars, towing and sales tax. Otherwise, the driver may receive a replacement vehicle that is the same make and matches the value of the one being used currently. The manufacturer has the right to apply a statutory mileage offset that deducts the distance driven until the first repair attempt was made. This mileage offset applies to both the lemon law buyback and a replacement vehicle.

No. The fee-shifting provision in the warranty law requires that the automobile manufacturer pays for the consumer’s attorney fees and expenses when the case is won. California lemon laws allow the consumer to pursue claims that would otherwise not be started because of monetary fear.

California lemon law covers several vehicle types, both new and used, including cars, trucks, motorcycles, and RVs. The vehicles must be primarily for personal, family, or household use, but there are some stipulations for commercial vehicles.

If California lemon law applies, you should document all repair attempts, keep all service records and receipts, and consult with a California lemon law attorney to file a claim.

You generally have four years from the time you knew that your vehicle was a lemon to file a claim under California lemon law. However, we advise taking action as soon as possible to avoid missing the deadline.

Yes, you may still be able to pursue a lemon law claim even if the warranty has expired, provided the issues with the vehicle occurred while it was still under warranty and the manufacturer was notified during that time.

If the manufacturer refuses to honor the factory or implied warranty and won’t negotiate on your lemon law claim, you may need to pursue legal action. A qualified attorney can help you defend your legal rights and negotiate a settlement with a neutral third party involved or take the case to court if necessary.

Filing a lemon law claim should not impact your credit. The goal of the law is to provide a remedy for a faulty vehicle, and it does not reflect negatively on the buyer’s financial standing.

Some manufacturers may require arbitration before a lawsuit can be filed, but you are not required by California law to participate before pursuing legal action for your lemon law claim. Arbitration decisions are not binding unless you agree to them.

No, California lemon law typically applies to vehicles purchased from a licensed dealer, not a private seller. However, if the vehicle is still under the manufacturer’s warranty, you may have some legal recourse. To protect themselves from being stuck with a lemon, California residents should buy from licensed dealers.

If your lemon law claim is successful, the manufacturer must either repurchase your vehicle or offer a replacement. They may also be responsible for covering attorney’s fees, towing bills, sales tax, and other fees related to the claim.

The offset is a deduction applied to your refund or replacement vehicle’s value based on how much you used the car before the first repair attempt. This offset compensates the manufacturer for the usage of the vehicle. It is used whether the manufacturer offers you a refund or supplies you with a similar vehicle free of the same problem.

Yes, you can still pursue a lemon law claim if you no longer own the vehicle, as long as the issues occurred during the warranty period and you can provide the necessary documentation.

From start to finish, California’s lemon law process can take several weeks to months, depending on the situation. With so many possible outcomes, it can be difficult to estimate a conclusion date. Dealing with a purchased or leased lemon through negotiation with warranty problems takes far less time than if you need to go to court. For that reason, you want a lawyer who has experience in this field and can estimate each outcome on a case-by-case basis.

Yes, there are some lemon laws for used cars in California. The vehicle must be under warranty when the defect occurs and it must substantially impair the safety, value or use of the vehicle. The same regulations apply with attempts to repair the vehicle, requiring two or more attempts for serious injury concerns or four when safety isn’t a factor.

When a qualified attorney is working on your case, the manufacturer is much more likely to negotiate than if you attempt to file alone. A lemon law lawyer can also reduce the time needed to get a settlement.

Yes, if the motor home is used for household purposes and is covered by a manufacturer’s warranty, it is considered one of the consumer goods that’s covered by lemon law. If the motor home is for business use, there may not be the same protections. Both you and a lawyer should discuss the case further before filing a claim.