Wondering what qualifies as a lemon car in California? The simple answer is: if your new or used vehicle has a substantial defect that the manufacturer or dealer can’t fix after a reasonable number of repair attempts, it may be considered a lemon under California Lemon Law. This law is designed to protect consumers who unknowingly purchase defective vehicles. For example, if your new car’s transmission fails within the first few months and you’ve brought it to the dealer three times without a proper fix, it could meet the criteria. Or if your brakes frequently malfunction within the warranty period and the issue persists despite multiple repairs, you may have a lemon. Understanding how California Lemon Law works is key to knowing your rights and the steps to take if your vehicle qualifies.
What Is Covered Under California Lemon Law?
California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, protects consumers who buy or lease new and certain used vehicles that turn out to be defective. To be protected, the vehicle must be:
- Purchased or leased in California
- Under the manufacturer’s original warranty
- Used primarily for personal, family, or household purposes (or in some cases, small business use)
Vehicles covered under the law include:
- New cars, trucks, SUVs, and vans
- Used cars still under warranty
- Leased vehicles
- Motorcycles
- RVs and motorhomes (with limitations)
If your vehicle meets the above criteria and suffers from a persistent defect affecting safety, value, or usage, it could qualify as a lemon.
How California Lemon Law Works Step-by-Step
Understanding how California Lemon Law works begins with recognizing your rights as a consumer. Here’s a breakdown of how the process typically works:
1. Identify the Problem
There must be a chronic and significant defect. Minor cosmetic or comfort issues usually don’t qualify. Common lemon issues include:
- Transmission failure
- Brake malfunctions
- Steering issues
- Electrical problems
- Repeated stalling
2. Attempt Multiple Repairs
The manufacturer or dealer must be given a “reasonable number” of attempts to fix the issue. What’s considered “reasonable” depends on the severity:
- 2 attempts for life-threatening defects
- 4 attempts for other substantial issues
- 30 cumulative days out of service (within the warranty period)
3. Keep Records of Everything
This includes:
- Repair invoices and work orders
- Communication with the dealership or manufacturer
- Warranty paperwork
4. Request a Refund or Replacement
If the problem remains after sufficient repair attempts, you can request a buyback (refund) or a replacement vehicle.
5. File a Lemon Law Claim
If the automaker refuses to cooperate, the next step is to file a claim under California Lemon Law with legal help. This can lead to compensation, including recovery of legal fees.
What You May Be Entitled to Under California Lemon Law
| Option | Description | What’s Included |
|---|---|---|
| Vehicle Buyback | You receive a refund of the purchase or lease price | Down payment, monthly payments, taxes, registration, and more |
| Vehicle Replacement | Manufacturer provides a comparable new vehicle | Same make and model or equivalent value |
| Cash Compensation | Known as “cash-and-keep” settlement | Refund for diminished value or repair costs |
| Attorney Fees | Paid by manufacturer if your claim is valid | No out-of-pocket legal costs for you |
Does Lemon Law Apply to Used Cars?
Yes, California Lemon Law does apply to used vehicles—as long as the car is still under the original manufacturer’s warranty or a certified pre-owned (CPO) warranty when the defect is discovered. The protections are similar to those for new vehicles.
If you’re dealing with a defective used car, check out your options for used vehicle lemon law coverage.
What Types of Vehicles Are Eligible?
How California Lemon Law works is not just limited to standard passenger cars. The law extends to various vehicle types, each with specific criteria:
- New Vehicles: Must be bought in California under a manufacturer’s warranty.
- Used Vehicles: Covered if within the remaining original or certified warranty.
- Leased Vehicles: Eligible if defects arise during the lease term under warranty. Learn more about your rights regarding leased vehicles.
- Motorcycles: Covered, though different safety standards may apply.
- RVs and Motorhomes: Certain components are eligible, particularly drivetrain and chassis. See more on RV lemon law options.
Key Benefits of Filing a Lemon Law Claim
- Recover your money – including the down payment and monthly payments
- Get a replacement vehicle that functions properly
- Stop paying for repairs out-of-pocket
- Have your legal fees covered by the manufacturer
- Restore peace of mind knowing your vehicle is reliable and safe
How Long Do You Have to File a Claim?
Time is critical. The statute of limitations to file a California Lemon Law claim is generally four years, starting from when you first noticed the defect. But it’s important not to wait—gather documentation and take action if repeated repair attempts haven’t fixed your issue.
Mistakes to Avoid When Pursuing a Lemon Law Claim
- Not keeping repair records or dealership receipts
- Waiting too long to act after ongoing repairs
- Letting dealers talk you out of opening a case
- Failing to get professional legal help
One of the most important aspects of understanding how California Lemon Law works is knowing when to stand your ground. A defective vehicle should not be your burden.
Knowledge Is Your Horsepower
Now that you understand how California Lemon Law works, you’re in the driver’s seat when it comes to protecting your rights. Whether you’re juggling repeated dealership visits or living with a car that just won’t cooperate, the law is on your side. You may be eligible for a refund, replacement, or compensation after a reasonable number of failed repairs—especially while your car is still under warranty. Don’t settle for a vehicle that puts your safety or budget at risk. Lemon law attorneys are skilled at navigating the legal process to get you results faster than going it alone.
So if your car, motorcycle, RV, or leased vehicle is giving you headaches, it might be time to take advantage of your rights. Knowing how California Lemon Law works could be the first step toward getting back on the road safely—with a vehicle you can trust.
Frequently Asked Questions
Your Lemon Car Doesn’t Have to Stall Your Life
Still unsure if your vehicle qualifies as a lemon? Don’t let confusion or dealership delays keep you stuck with a defective car. The Scott Lemon Law Attorney of San Diego can help you understand your rights, evaluate your case, and fight for the compensation you’re owed—whether that’s a full refund, a vehicle replacement, or cash in hand. The best part? If your case qualifies, the manufacturer covers your legal fees, not you.
Take the first step toward clarity, resolution, and a safe ride. Schedule your free consultation with The Scott Lemon Law Attorney of San Diego today.
