There Is More To Lemon Law Than You Think

California’s lemon law is one of the most potent consumer protection laws in the entire U.S. It is designed to hold manufacturers in compliance of their product’s warranties, as well as protect the rights of those who purchase those products. While mostly associated with motor vehicles, California’s lemon law, officially known as the Song-Beverly Consumer Warranty Act, also covers many other products purchased for personal, individual, or household use. In fact, most electronic products that cost over $50 are covered under California’s lemon law, including appliances like washers and dryers, as well as TVs, computers, and air conditioners.

Vehicles

California’s Lemon Law covers new and used vehicles sold or leased within the state. The law also covers active military personnel who bought their vehicle in another state prior to being stationed in California. Vehicles covered must be sold or leased under the manufacturer’s new vehicle warranty and will only remain covered throughout the vehicle manufacturer’s original warranty period.

Other requirements for lemon law coverage include:

The part/repair/issue is covered under the warranty

The defect/issue occurs within 18 months of the vehicle’s delivery or before the odometer reaches 18,000 miles (whichever comes first)

What Makes A Vehicle Qualify As A Lemon?

A vehicle qualifies as a lemon if:

  • The manufacturer is unable to successfully correct an issue after 2 attempts, if that issue poses a risk of serious injury or death.

  • The manufacturer is unable to successfully correct an issue after 4 attempts, if the issue does not pose risk of serious injury or death.

  • The vehicle has been out of service for repairs covered by warranty for more than a total of 30 days. The 30 days do not need to be consecutive or for the same issue, as long as the repair is covered under warranty.

California lemon law applies to the following motor vehicles:

  • Cars, pickup trucks, vans, and SUVs.

  • The cab, drivetrain, or chassis of a motorhome, as well as RV trailers.

  • Watercraft of any kind.

  • Vehicles owned by dealerships for the purpose of demonstration or test driving.

Possible Vehicle Lemon Law Outcomes

If your vehicle qualifies as a lemon, you will have 3 options. The vehicle’s manufacturer can:

  1. Replace the vehicle
  2. Buy the vehicle back from you
  3. Let you keep the vehicle while compensating you for any of the following damages:

  • Cost of the vehicle

  • Cost of repairs

  • Monthly payments

  • Down payment

  • Finance charges

  • Registration fees

  • Loan balance

  • Attorney fees and court costs

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The legal team at Attain Law is always willing to lend you their ear. Your initial consultation is at no cost and comes with no obligation.

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Non-Vehicles

In order for a non-vehicle to qualify for lemon law protections, it must:

  • Be under warranty.
  • Be defective in a way that severely limits its safety, use, or value.
  • Have been subjected to a reasonable number of repair attempts.
  • Or have been out of use for repairs for more than 30 days. The 30 days do not need to be consecutive or for the same issue, as long as the repair is covered under warranty.

Possible Non-Vehicle Lemon Law Outcomes

Non-vehicle owners have options similar to those of vehicle owners. The manufacturer can:

  • Replace the item
  • Buy the item back from you
  • Refund the item’s cost, minus its diminished value from use before the defect occurred or was discovered
  • Offer you a cash settlement
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The information provided in these pages is not legal advice, and should not be relied on as such. The content on these pages contains attorney advertising, is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions. Because laws are constantly changing and evolving, we cannot guarantee that all information contained in this website is up to date at all times. Therefore, we recommend that you contact an experienced and competent attorney in your area to properly advise you in regard to your legal matters. When you speak with our attorneys and staff, all information you provide us with is held in strict confidentiality. We do not officially represent a client until an official agreement is signed by all parties involved. Nothing in this website should be understood as creating an attorney-client relationship. We may offer any person a no-obligation initial consultation. This in no way obligates us to represent you, or to answer any specific questions. We reserve the right to deny a consultation to anybody, for any reason. We are only licensed in California, and therefore can only legally represent persons who seek help regarding California laws.