California Lemon Law
- What is lemon law?
- Why “lemon” law?
- Why was the California lemon law enacted?
- What vehicles does the California Lemon Law refer to?
- Lemon car problems
- The California Lemon Law FAQ
- How many times do I have to take my car back to the dealer before I have a California Lemon Law claim?
- Does the California Lemon Law apply only to the first 18 months or 18,000 miles?
- What am I entitled to if my vehicle qualifies under the California Lemon Law?
- May used cars also be qualified under the California Lemon Law?
- Does the California Lemon Law apply to leased vehicles?
- What if several items break only once and the dealer fixes it each time….?
- Does the California Lemon Law apply to anything other than vehicles?
- Do I have to go through the arbitration program offered by manufacturers?
- What if I take the car to the dealer for repair, but they don’t perform actual work on the problem?
- What if my car is out of its warranty period?
- What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle?
- Do I have to take the vehicle back to the dealer I bought it from?
- Can an independent repair shop perform warranty repairs on my car?
- Do I have to keep my car in order to pursue restitution under the Lemon Law?
- If a vehicle is purchased “as-is” or “with all faults” does the Lemon Law apply?
What is lemon law?
Lemon laws are American state laws that provide a remedy for purchasers of cars that repeatedly fail to meet standards of quality and performance. These cars are called lemons. The federal lemon law protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
Why “lemon” law?
In the 1800s people used the word ‘lemon’ to describe people who were sour or unfriendly. In American English the word was first recorded in 1909 in the slang sense of “worthless thing”. Over time, ‘lemon’ came to refer to anything that was defective or broken or which breaks constantly, particularly a car.
Why was California lemon law enacted?
California’s Song-Beverly Consumer Warranty Act, which is commonly referred to as the California Lemon Law, was enacted in order to provide relief to buyers of problematic vehicles.
What vehicles does the California Lemon Law refer to?
Generally, the California Lemon Law refers to vehicles which have a defect that the dealerships have been unable to repair. For the law to apply, the dealerships must be given a reasonable number of opportunities to repair the vehicle within the warranty period.
Lemon car problems
There are many types of problems you may experience with your new or used car that would determine that the vehicle is a lemon car. These problems include: transmission problems – engine trouble – peeling paint…and many more types of car defects define a lemon car:
• warning light to “Check Coolant Level” coming on and the coolant being full
• alarm not setting and other times not “unsetting”
• rough idle
• hesitation upon acceleration
• check engine light on
• vehicle surge
• door unlock/lock switch not working part of the time
• radio staying on after the car was turned off
• leather was coming apart from the side door
• stalling while driving or coming to a stop
• hard to start
• transmission clunk
• clunk when shifting
• transmission/engine leak
• engine knock; engine pinging
• dash information panel would light up and have no information in it
• transmission slipping
• transmission banging into gear
• pulling to the left or right
• pulling when brakes applied
• won’t hold an alignment
• oil consumption
• stuck in gear
• stuck in park
• power window failure
• power locks don’t work
• phantom locks
• sliding door failure
• brake failure
• brakes pull or grind
• front end shakes when brakes applied
• abnormal tire wear
• poor gas mileage (can indicate bad computer)
• black smoke from tail pipe
• white smoke from tail pipe
• catalytic converter problems
• rotten egg smell from engine
• mold/mildew bad odor from A/C
• head lights dimming or failure
• seat belt failure
• the repair shop is telling you your gas cap isn’t tight
• fuel sending problems
• gas gauge wrong
• front end problems
• leaky manifold
• drive line clunk
• coolant leaks
• engine overheating
• water leaks
• roof leaks
• air leaks
• paint defects
• tail lights not working
• continuous blown fuses
• power steering grinding, leaks, or failure
• transmission froze up
• suddenly the engine froze up
• the roof leaked
• tail lights did not work
• electrical problems
• steering alignment
• front-end problems
• constant excessive wind noise from problems with all of the seals around the windows
• after replacing the tires, you found that the shimmy was still there
The California Lemon Law FAQ
How many times do I have to take my car back to the dealer before I have a California Lemon Law claim?
The California Lemon Law states that the dealerships must be given a reasonable number of opportunities to repair a vehicle. The law does not require any specific number of repair visits. Typically, four visits for the same problem will qualify, but, depending on the defect, fewer visits may suffice. For example, a defect as severe as brake system failure may only require two visits. Moreover, if a vehicle spends a cumulative total of over 30 days in the shop for warranty repairs, it may satisfy the requirement no matter how many separate visits were made. Because the California Lemon Law does not set a specific number of visits, each matter should be assessed on a case-by-case basis.
Does the California Lemon Law apply only to the first 18 months or 18,000 miles?
NO. The law applies as long as the vehicle is under the manufacturer’s new car warranty, and sometimes longer. In many instances a vehicle may still qualify under the law even though the vehicle is outside the warranty period, as long as the first repair attempt for the defect occurred within the warranty period.
What am I entitled to if my vehicle qualifies under the California Lemon Law?
If your vehicle qualifies under the California Lemon Law, you will be entitled to a refund of your down payment, monthly finance payments, and to have your vehicle loan paid off in full. You will also be entitled to incidental damage reimbursement such as rental car expenses, repair costs, and towing expenses. If offered by the manufacturer, you may choose to have your vehicle replaced with a similar vehicle instead of having your money refunded. With either a repurchase or a replacement, the manufacturer will be entitled to a relatively small credit for the mileage driven on the vehicle before the vehicle was first taken in for repair of the defect.
May used cars also be qualified under the California Lemon Law?
YES. A used car may qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold “as-is” or “with all faults” the Lemon Law probably will not apply, unless the vehicle was a former “lemon law buyback” and this was not properly disclosed to the purchaser.
Does the California Lemon Law apply to leased vehicles?
Yes, the California Lemon Law applies to both purchased and leased vehicles.
What if several items break only one time and the dealer fixes it each time instead of one item breaking several times?
A consumer can have a Lemon Law case when a variety of defects demand continuous repair. The facts of each individual case must be taken into consideration but it is possible to have a qualifying Lemon Law case based on the cumulative number of days in the shop alone.
Does the California Lemon Law apply to anything other than vehicles?
Yes, the California Lemon Law applies to all consumer goods, including motorcycles, boats, and recreational vehicles.
Do I have to go through the arbitration program offered by manufacturers?
NO. The majority of manufacturers offer an arbitration program to “assist” consumers to resolve their disputes with the manufacturer. But these programs are overseen and supported by the manufacturer. Participation in these programs usually results in wasted time and unsatisfactory decisions or an “award” short of what the consumer is entitled to under the law. In California, it is not necessary for a consumer to first participate in a manufacturer’s arbitration program before taking legal action.
What if I take the car to the dealer for repair, but they don’t perform actual work on the problem?
This still counts as a repair attempt. The dealer had an opportunity to repair the vehicle.
What if my car is out of its warranty period?
If the first repair attempt for the problem or defect occurred within the warranty period, then the vehicle may still qualify for a refund or replacement vehicle under the law, provided all other requirements are met.
What if the dealer says that nothing is wrong or that this is a normal condition for the vehicle?
If the consumer feels that there is a problem with the vehicle, it should be taken to another dealer to get a second opinion, or the manufacturer should be contacted directly. An independent automotive expert can also be retained to inspect the vehicle and determine if the condition is normal.
Do I have to take the vehicle back to the dealer I bought it from?
NO. All authorized dealers function as the manufacturer’s agents for the purpose of warranty repairs. Therefore, any authorized dealer can do warranty work on your vehicle.
Can an independent repair shop perform warranty repairs on my car?
NO. You must take it back to an authorized dealer for warranty repair work. The manufacturer must have a sensible opportunity to repair the vehicle. An independent repair shop is not an agent of the manufacturer, so any repairs done at such a shop do not qualify as attempts by the manufacturer to repair the vehicle. A repair by an independent shop may void that portion of the warranty on the vehicle.
Do I have to keep my car in order to pursue restitution under the Lemon Law?
NO. It is not necessary to keep the car. However, there are certain procedures you should follow when selling it or trading it in to preserve your rights. If you sell the car you should have the buyer sign a written disclosure that states that he knows about the problems you have had with the vehicle. Before you sell the vehicle it is also advisable to get an expert inspection done to verify the existence of the problem in order to “preserve your evidence.” Finally, before you sell the vehicle, you should notify the manufacturer that you believe the vehicle is a lemon and that you are selling it (or trading it in).
If a vehicle is purchased “as-is” or “with all faults” does the Lemon Law apply?
NO. A vehicle sold “as-is” or “with all faults” is being sold in the condition it is in. It is devoid of any warranties. The buyer is accepting the vehicle “as it is” regardless of condition.
