What Cars Qualify for Lemon Law?

California lemon law specifies that manufacturers and dealers must be held accountable for selling a defective vehicle. Yet, there are strict specifications regarding what cars qualify for lemon laws. While both new and used cars qualify, the lemon law requirements are so detailed that determining whether you are eligible for a new vehicle or a refund can be confusing. With the help of an experienced attorney, you can start the lemon law process and make sure your vehicle qualifies.

Seek legal advice from lemon law lawyers to get compensation. By understanding California lemon law, we’ve been able to help thousands of other drivers in the same situations. You don’t need to be stuck driving a defective motor vehicle when you can get a free lemon law consultation today.

This guide serves as a reference to both the state and federal lemon law requirements. We explain what cars qualify under lemon laws and what to do if you think you are eligible for reimbursement.

What Is Lemon Law?

The state’s lemon law says that drivers shouldn’t be stuck with a defective vehicle that substantially impairs its use, value, or safety. The lemon law works by holding the manufacturer responsible for selling you a defective vehicle, and giving you a replacement vehicle of equal value or a refund.

However, there’s a California lemon law time limit to consider, so you don’t want to wait to file. The initial substantial defect must first reveal itself within 18 months or 18,000 miles of taking possession of the vehicle while the car is still under its manufacturer’s warranty. Additionally, state laws require the filing to occur within four years (statute of limitations).

To file a lemon law claim in California, you must have all of the necessary documentation. We recommend gathering the following information before filing lemon law cases:

• Original lease or purchase agreement
• Warranty paperwork
• Detailed records from all repairs and correspondence about the defects (include names of people spoken with, date, time, and the resolution)

Once a demand letter is sent to the manufacturer, it’s simply a waiting game to see the response. It may take weeks or months for the case to be resolved, but you have a better chance of getting a favorable answer if you have detailed documentation.

The manufacturer may offer arbitration programs, which allow you to work out a deal without going to court. During negotiations, you may be offered a replacement vehicle, a lemon law buyback, or compensation to keep the car. If the response isn’t what you hoped for, you can always go to court and attempt to receive a better judgment, but this process will take longer.

What Cars Qualify for California Lemon Law?

Most states have specific laws about what can be considered a lemon and California is no exception. Let’s evaluate the specifics in detail.

New vehicles tend to be the most claimed because that’s what the laws are initially targeted at. If a manufacturer sells a new vehicle with a significant defect, you shouldn’t be stuck driving it. If you are wondering whether used cars are covered under lemon law, there are stipulations for some used cars, especially if they are Certified Pre-Owned with a factory warranty. Even when a used car is purchased at a dealership with an extended warranty, there could be coverage.

Making sure the car qualifies can be the tricky part. A car qualifies for lemon law in California if it has the warranty coverage we previously discussed, deals with a significant defect impeding its use, value or safety, and is unrepairable after reasonable attempts. Here are some of the most important qualifications to keep in mind.

• Reasonable number of repair attempts: If the problem involves a safety hazard, there must have been at least two repair attempts to resolve the same defect. Concerns that aren’t a serious safety defect require four attempts. A dealership can hold your car for repair for 30 days across all of the attempts, but no longer.
• Warranty coverage: The lemon law work must be covered under the warranty. For example, faulty brakes may be considered warranty repairs if there’s a system manufacturing defect. Varying warranties are also valid, including an express warranty, manufacturer’s warranty, implied warranty, and an extended car warranty. The reasonable number of attempts only counts if they occurred during this time. Any uncovered repairs wouldn't be counted toward lemon laws.
• Types of covered problems: The warrantied defect must substantially impair the vehicle’s use, value, or safety. Therefore, lemon law applies to problems as complex as a failing transmission to minor issues, such as a defective air conditioner.

California has one of the best laws surrounding lemon cars. States such as Mississippi, Alabama, North Dakota, South Dakota, and Wyoming don’t have any lemon law guidelines for used vehicles, whereas California makes provisions for some used cars.

Types of Defects Covered

Let’s dive deeper into the types of problems covered by lemon law because the spectrum is so wide.

Safety defects: The most substantial defects create a safety risk. These may include trouble with the brakes, poor steering, or faulty airbags. Because of the serious nature of these problems, the minimum reasonable number of attempts is only two.

Mechanical defects: Performance problems can affect the use of the vehicle. For example, if the car isn’t shifting properly, driving can become difficult. In turn, this could also pose a safety risk. Electrical issues are also a concern, especially if faulty wiring or corrosion could lead to a car fire.

Cosmetic defects: While some problems, such as problems with the paint or appearance of a vehicle, may seem minor, unrepairable cosmetic defects can lead to a lowered value of the car and are covered. For example, new cars shouldn’t start to rust, but some have been known to do so, even within the first year. If a reputable dealer is unable to repair the problem and prevent it from reoccurring, these cosmetic issues would be covered.

Most Notable Recalls in 2024

The National Highway Traffic Safety Administration (NHTSA) is responsible for releasing recalls that protect consumers from vehicle defects. An authorized dealer then makes a repair attempt to resolve the issue, but they don’t always get fixed, leaving people with lemon cars.

In 2024, we’ve already seen some pretty major and alarming recalls from the top manufacturers. Here are a few to be aware of.

Stellantis: More than one million vehicles (2021-2022 Dodge Durango; 2022 RAM 1500, 2500 and 3500, 2022-2023 Jeep Compass, 2021-2023 Chrysler Pacifica, 2021-2023 Jeep Grand Cherokee, 2022-2023 Jeep Grand Wagoneer/Wagoneer, and 2022-2023 RAM Promaster) may have a defective rearview camera that doesn’t display properly.

Honda: In February, Honda recalled more than 750,000 vehicles (2020-2022 Accord, Pilot, Civic and Odyssey) due to a defective front passenger seat weight sensor that causes the airbag to deploy even if a child is present.

General Motors: GM recalled more than 500,000 vehicles because the power tailgate may unlatch while the vehicle is parked due to an electrical short.

How To Start the Lemon Law Process and Get a Replacement Vehicle or Refund

While you could begin a lemon law claim without any help, it’s best to have the guidance of a licensed attorney. The lemon law process can be complicated and you could make a simple mistake that costs you compensation.

Begin by gathering the necessary documents that help prove the vehicle is a lemon. You want the original purchase or lease agreement, documentation of the warranty and correspondence you’ve had with the manufacturer or dealer about the defect.

When you call an experienced lemon lawyer, written notice can be given to the manufacturer, and your rights can be protected. We help determine if the used vehicle or new car meets the legal guidelines so you can receive compensation. With our free lemon law consultation, you don’t need to pay attorney fees unless you win the case.

Common Myths and Misconceptions Surrounding Lemon Laws

The biggest mistake made by today’s consumers is not making sure the vehicle meets the specific circumstances of lemon law. In some cases, valid defects are overlooked because the consumer thinks there’s no coverage and in other situations, drivers file for a claim that doesn’t qualify.

Let’s examine a few of the following conditions that come up in our practice all the time.

1. Believing any minor issue qualifies for lemon law. The law does cover defects affecting the value, safety, and use of the car, but that doesn’t encompass every minor issue. A qualified lawyer can help you discern your situation.
2. Thinking only new cars are covered. While new cars are the main focus of lemon law protections, there are some guidelines for used vehicles too. Certified Pre-Owned vehicles and used cars with a warranty may also be eligible for reimbursement.
3. Hoping for less than a full refund or replacement. Some people believe they aren’t entitled to a full refund of the purchase price or a replacement, but that’s usually not the case. If the car turns out to be a lemon and is covered by the original warranty term, the manufacturer owes you compensation. It may be in the form of a lemon law buyback, a replacement, or compensation for the defect while allowing you to keep the car.

To get all your legal questions answered, it’s best to speak with an experienced lemon law lawyer about your case. You have nothing to lose from getting a free consultation.

Tips for Consumers

Before you purchase a car, consider these tips that help you avoid a lemon.

• Do your research. Consumers should always check the brand's reliability and look at potential recalls on the vehicle. If you are buying a used car, run a vehicle history report from a reliable source such as CARFAX. This report reveals the repair history and whether the car has been in any accidents.
• Check service records. If you plan to buy used, ask the dealer for a history of its service. Some people keep these records in the owner’s manual. It’s important for a vehicle to have regular maintenance to avoid unnecessary complications. You also want to see records of repair when problems have arisen.
• Have the vehicle inspected. Before buying, ask to test drive the car to your local mechanic. They will charge a small fee to inspect it and let you know if there are any major problems.
• Try everything. During that test drive, play with everything. Turn on the heater, air conditioning, stereo and any other electronic equipment. It’s also good to take the vehicle on a variety of roads (urban streets, suburban roads, open highways, etc.) to see how it responds.
• Consider buying a Certified Pre-Owned (CPO) vehicle. Dealers will inspect and refurbish the CPO to ensure a higher quality than your typical used car. These also come with warranty protection for the consumer.
• Always trust your instincts. If something doesn’t feel right about the vehicle or the dealership is employing high-pressure sales tactics, don’t be afraid to walk away.

If you’ve already purchased a lemon, it’s time to call for legal assistance. A lemon law attorney helps you fight the battles and get compensation when a repair isn't possible. Request your free lemon law consultation to see what you are owed.

Let's Start the Lemon Law Process

With so many legal stipulations surrounding lemon law, whether you have a new or used car, it’s helpful to have an attorney on your side who can guide and steer you. As soon as you suspect that your car is a lemon, you want legal representation. Otherwise, the manufacturer and dealer may take advantage of your weakness.

Contact a lemon car lawyer in California to start the claim. We’ve helped thousands of other drivers get out of their lemon car and are ready to help you. Receive a free lemon law consultation to see what you may be owed.

At our premier Lemon Law Attorney Practice in Beverly Hills, our superior team is standing by, ready to serve you. Let’s work together to get every penny you deserve.