The thrill of a brand-new car can turn a boring commute into an exciting adventure. At least, until it starts to sputter and stall. If your joyride has turned into a mechanical nightmare, don’t panic. California’s Lemon Law is here to help.
You might be wondering what is lemon law, how does the lemon law work, and who exactly qualifies for this protection? This article will break down everything you need to know about the CA Lemon Law.
What is the Lemon Law in California?
Think of the Lemon Law as the automotive equivalent of your knight in shining armor. This law, officially known as the Song-Beverly Consumer Warranty Act, exists to protect consumers who purchase or lease defective cars. In simple terms, it holds manufacturers responsible for selling faulty products. Consumers who have bought or leased a lemon can seek compensation.
One common misconception is that the Lemon Law only involves new cars. It also includes certified pre-owned vehicles, which means if you bought a defective used car Lemon Law may be able to help. As long as your car is under warranty and has defects that the automaker can’t fix after a reasonable number of attempts, you stand the chance to get a full refund, vehicle replacement, or cash compensation.
What Qualifies as a Lemon?
To be clear, not every minor issue qualifies as a lemon. The defect must be notable enough to affect the vehicle’s safety, value, or use. For instance, one may consider a broken knob on the radio as a minor issue, while something more serious like faulty brakes or steering could count as a qualifying defect.
Regardless of the nature of the problem, it must occur and be reported within the car’s warranty period.
Who Gets to Engage the Lemon Car Law?
The type of vehicle Lemon Law can help is broader than many might think. As mentioned earlier, the law covers not only brand-new cars but also used cars, leased vehicles, and some motorhomes. Here’s a breakdown of the different categories of people that qualify:
- New Car Buyers: Anyone who buys a new vehicle in California is covered. It doesn’t matter whether you bought the car directly from the manufacturer or from a dealership. So long as it’s brand-new, the new car Lemon law ensures you don’t have to bear the burden of constant repairs for a lemon car.
- Used Car Owners: If you’re wondering “is there a lemon law for used cars”, you’ll be happy to know that even used vehicles can qualify under California’s Lemon law for used cars. However, they must have been purchased under specific conditions:
- The vehicle must still be under the manufacturer’s original or extended warranty that came with the car.
- The defect must have been present before the warranty expired, and you must have given the dealership a chance to repair it.
- Leased Vehicles: You are not totally out of luck if you leased your car instead of purchasing it. The rules are similar to buying a car, with the vehicle needing significant defects that can’t be repaired after multiple attempts.
- Motorcycles and Motorhomes: The Lemon Law also covers certain recreational vehicles, such as motorhomes and motorcycles. Make sure they meet the weight and usage criteria determined by the law so you can be sure you have legal protections for your lemon vehicle.
The Not-So-Lucky Ones
- Big Businesses: Sorry, but if you’re running a large company that uses many cars, you’re on your own.
- Used Car Buyers Without a Warranty: Buying a used car “as is” is like gambling. It means you knew the vehicle didn’t come with a warranty, but you went ahead and purchased it anyway. In such situations, the Lemon Law on used cars cannot help you.
The Lemon Law Requirements: What Makes a Car a Lemon?
Knowing if you have a Lemon on your hands can be quite confusing, but the Lemon Law offers some clear guidelines. Here are some key signs:
- Multiple Unsuccessful Repair Attempts
Your vehicle must have undergone several attempts at repair without success. This generally means:
- Two repair attempts for a serious safety defect, like a brake failure
- Four or more attempts to fix a non-safety related issue, such as engine problems
- The problem began within 18 months or 18,000 miles from when you got the car
- The vehicle has been out of service for 30 or more days due to the defect, even if those days are not consecutive.
Note that the defect in question must affect the vehicle’s safety, performance, or value. Also, remember that each case is unique, so you may need to confirm with a lawyer that your vehicle is indeed a lemon.
- Repairs Covered by Warranty
For your car to be eligible, the defect must occur during the warranty period. If the issue begins after the warranty expires, you might not qualify for a Lemon Law claim.
What You Can Get: Types of Compensation You Can Get
So you’ve figured your car is a lemon. Now what? Any car Lemon Law California can help with may be worth it, which is why it’s important to know your options, including:
Full Refund
The Lemon Law for cars allows you to get a full refund for your vehicle, which includes:
- The vehicle’s market value, including taxes and fees
- The cost of your registration fees and other related expenses
- Incidental costs, such as towing or rental car fees
- Any repair costs you paid out of pocket
But wait, there’s a catch! The manufacturer retains the discretion to deduct a small amount for the miles you drove before the problems started. Regardless, you should get a refund of the bulk of your purchase price.
Vehicle Replacement
If you’re feeling optimistic, you can ask the automaker to replace your lemon with a new, similar vehicle instead of a receiving a refund. This could be a good option if you prefer to stay with the same brand model but want a working car. Here, you get all the same options and features as your original car, with the manufacturer covering any additional costs. Just make sure the new vehicle is not also plagued with defects.
Cash Settlement
In some cases, you may choose to keep your defective vehicle and settle for a cash payout to make up for all the problems you’ve endured. This option usually seems appealing if the defect is minor and doesn’t significantly affect your daily driving experience. The cash settlement compensates you for the defect while allowing you to keep the vehicle.
Take Action and See the Sweet Side Justice
So if you came here asking “how does lemon law work”, now you can pass on the knowledge to another unfortunate lemon owner. The California Lemon Law is always there to protect you, but it’s up to you to use it. Don’t keep suffering because of someone else’s mistake. You now know what this law entails, so don’t be afraid to speak up if you think your car is a lemon. Remember, you paid for a reliable vehicle, not frustration on wheels.
To get the most out of this law, hire an experienced Lemon lawyer from Quill & Arrow LLP. With the right help, you can receive the compensation you deserve and put your bad experiences behind you. Try the Lemon Law and see that the lemonade really is sweeter on the other side.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions