When it comes to car troubles, not every issue qualifies for legal protection under lemon laws. So, how lemon law defines “defect” is crucial. A defect, in this context, is a problem or condition that substantially impairs the vehicle’s use, value, or safety. Think of problems like a faulty transmission, persistent brake failure, or an engine that regularly stalls—these are not minor inconveniences, but major issues that impact your ability to drive safely or enjoy the car as expected. If the manufacturer or dealer can’t fix the problem after a reasonable number of attempts, it may be considered a “defect” under the lemon law. In short, it’s not just about having a problem—it has to be one that significantly affects the car’s performance or reliability.
Understanding How Lemon Law Defines “Defect”
When you’re faced with ongoing vehicle problems, it’s natural to wonder when enough is enough. That’s why understanding how lemon law defines “defect” matters—it’s the difference between a minor inconvenience and a valid legal claim. So, let’s break it down so you can better grasp what qualifies your car, motorcycle, RV, or leased vehicle as a “lemon” in the eyes of the law.
What Is Considered a Defect Under Lemon Law?
A defect under lemon law isn’t just any problem. To qualify, the issue must substantially impair at least one of the following:
- Use: Does the defect interfere with your ability to operate the vehicle as intended?
- Value: Has the vehicle’s resale or trade-in value dropped because of the issue?
- Safety: Does it put you, your passengers, or others on the road at risk?
Examples of Common Lemon Law Defects
Some defects are obvious candidates under lemon law. Here are a few well-known examples that meet the criteria:
- Engine stalling or misfiring without resolution
- Transmission slipping, jerking, or failing to shift
- Brake failure or constant malfunction
- Electrical system outages that affect headlights, dashboard gauges, or door locks
- Power steering failure
These aren’t one-time hiccups—they’re persistent problems that repairs have failed to fix.
Defect Vs. Wear and Tear: Know the Difference
One crucial aspect of how lemon law defines “defect” is distinguishing it from normal wear and tear. Routine maintenance issues like worn brake pads, old tires, or oil changes typically don’t count.
| Qualifies as a Defect? | Description | Lemon Law Coverage |
|---|---|---|
| Yes | Engine stalls during normal driving | Covered under lemon law |
| No | Brake pad replacement due to mileage | Considered wear and tear |
| Yes | Malfunctioning airbag system | Covered if not repaired after reasonable attempts |
| No | Worn tires after extended use | Excluded |
What Does “Substantially Impair” Mean?
The term “substantially impair” is a legal trigger for lemon law claims. It means the issue must seriously reduce the car’s:
- Usability: You can’t safely or reliably use the vehicle for everyday transportation.
- Resale Value: The defect drastically lowers the car’s market worth.
- Safety: The problem endangers your safety or that of passengers or other motorists.
If your issue meets even one of these categories and persists despite multiple repair attempts, it likely qualifies as a defect under lemon law.
How Many Repair Attempts Are Required?
Each state varies slightly, but generally, lemon laws allow manufacturers a “reasonable number of attempts” to resolve a defect. Here’s a guideline for California:
- 2 attempts: For issues that can cause injury or death
- 3–4 attempts: For non-life-threatening but serious defects
- 30 cumulative days: Out of service for repairs within the first 18 months or 18,000 miles
It’s crucial to document every repair attempt. Keep records of service visits, invoices, repair orders, and communications with the dealer or manufacturer.
Does This Apply to All Vehicle Types?
Yes, but requirements may vary. Lemon laws in states like California extend protections beyond new passenger cars. Here’s a breakdown of how lemon law applies across vehicle types:
- New Cars: Fully covered under state lemon laws
- Used Vehicles: Covered if sold with a warranty
- Leased Vehicles: Must be under manufacturer warranty at the time the defect occurs
- Motorcycles: Specific rules apply; safety risks often make them eligible faster
- RVs and Motorhomes: Includes mechanical defects in the chassis, drivetrain, or engine systems
Always check whether your situation meets the legal conditions for your specific type of vehicle and ownership status.
When Is a Problem Not a Defect?
While your car might have problems, not all technical anomalies meet the threshold. A problem is typically NOT considered a defect if:
- It’s cosmetic (like paint chips or seat fabric wear)
- It’s caused by user negligence or lack of maintenance
- It only occurred once and hasn’t reappeared
- It doesn’t impact use, value, or safety
That’s why how lemon law defines “defect” is fundamentally tied to severity and unfixability.
What to Do If You Suspect a Lemon
If your car has a recurring problem that fits the profile of a lemon law defect, take these steps:
- Document the Issue: Take photos, videos, and written notes of symptoms and occurrences.
- Visit an Authorized Repair Center: Make sure all repair attempts are made by the manufacturer or authorized dealer.
- Maintain All Records: Keep detailed records of all service visits, complaints, and timelines.
- File a Claim: If unresolved, consult a lemon law attorney to open a case under state statutes.
Don’t wait for the problem to go away—document everything and follow through before warranty periods expire.
Lemon Law Time Limits: Know the Statute
Each state has a statute of limitations on lemon law claims. In California, for example, you generally have up to four years from the date you knew (or should have known) the vehicle was a lemon. That’s why prompt action is essential.
Missed the window? You may still be able to file under other consumer protection laws—but the backing isn’t as strong.
This is How You Know Your Car Qualifies
Understanding how lemon law defines “defect” is key to protecting your rights. It’s about more than just malfunctioning components—it’s about verifying that persistent problems are impairing your vehicle’s use, value, or safety, and you’re not getting the repairs you’re legally entitled to. Whether you’re dealing with a defective engine in a leased SUV, repeated brake failures in a used car, or electrical issues in a motorcycle, the law is designed to protect you. So if your vehicle’s defect checks those boxes, it may be time to seek professional legal help and enforce your rights under the lemon law.
Frequently Asked Questions
Think You Might Have a Lemon? Here’s Your Next Step
If your car’s defect is more than a small annoyance and is affecting how you drive, its value, or your safety, don’t wait for the problem to fix itself. The law gives you options—but timing and documentation are everything. At The Scott Lemon Law Attorney of San Diego, we make it simple to understand your rights and take real action. Reach out today to find out if your vehicle qualifies under California lemon law and what your next best move should be.
