The Lemon Law

California Consumer Protection Lawyers

The following information is an overview of consumer protection. You should not rely on it for taking legal or other action. If you have questions or need help, contact William M. Krieg & Associates for a free consultation with an experienced auto lemon law attorney.

What is the "lemon" law?

Generally, the Lemon Law provides owners of consumer goods the right to a refund or a replacement if a dealer or manufacturer is unable to repair it after a reasonable number of attempts. The Lemon Law applies to all consumer goods bought primarily for personal or family use, not just automobiles. This includes RVs, motorhomes, travel trailers, motorcycles, boats, televisions, musical instruments, and medical assistive devices, like wheelchairs. Vehicles that are used primarily for business purposes may be covered under the lemon law in certain limited instances. The Lemon Law applies to all new or used consumer goods sold with a warranty.

How do I know if my vehicle is a "lemon"?

The Lemon Law usually only applies to a vehicle that is covered by a manufacturer's warranty or an express warranty. A vehicle, or any consumer good, qualifies as a "lemon" when the manufacturer or dealer is unable to repair a substantial defect covered under the warranty after a reasonable number of attempts. If the manufacturer's warranty is involved, the vehicle must be returned to an authorized dealer for repair. Defects are considered substantial under California law when they affect the use, value, or safety of the vehicle. Usually this means anything that is defective and significant.

California law requires that the dealer or manufacturer be given a reasonable number of repair attempts. The number of repair attempts deemed to be "reasonable" varies depending on the seriousness of the problem, and length of time involved. Reasonable may be as few as two or three attempts within a short period for "safety" defects, such as brake failures or engine dying; four or more attempts may be required for problems that may not be safety related, or that occur over a longer period. Thus, two or three brake or engine failures over a short period that do not get repaired may qualify, but four or more repair attempts may be required for less significant problems occurring over a longer period, such as a problem that recurs only two or three times per year.

Does the lemon law cover used vehicles?

California's lemon law applies to all new and used consumer goods sold with any warranty. Also, any used vehicle sold with the remainder of the manufacturer's warranty is covered. Essentially, the warranty goes with the car. For example, if you buy a used car with 20,000 miles, you automatically get the remainder of the factory 36 month/36,000 mile warranty, just as if you were the original owner.

Many used vehicles are sold with a "service contract" (sometimes erroneously referred to as an "extended warranty"). These entitle the buyers to limited protection under the Lemon Law, usually only reimbursement of the cost of the repairs. Often, a dealer will sell a used car with a limited warranty, such as for 30 days/1,000 miles. When the dealer gives its own warranty, such as this, it places the vehicle back under the protection of the Lemon Law. The best protection a used car buyer can get is some form of warranty, even if only 30 days, from the dealer. If the vehicle is a lemon, at least the buyer has remedies. Never buy a vehicle "as-is," without any warranty. If a dealer is not willing to warrant the car for at least 30 days, there is probably a reason. Make sure you get any promises or warranties in writing, such as on a Due Bill or Buyer's Guide.

What are my responsibilities?

If a manufacturer's warranty is involved, the manufacturer should be contacted at least once to be given the chance to "participate in the repair." Manufacturers are required to have a 1-800 number for warranty problems. If you do not have this, you can call 1-800 information, or get the number from the owner's manual or your dealer. A manufacturer may choose to simply refer you back to the dealer, but the manufacturer must be contacted at least once. Generally, it is best to contact the manufacturer when you have returned the vehicle a reasonable number of times to the dealer, to demand that the manufacturer either fix the vehicle, or give you a refund or replacement. This will usually get the manufacturer's attention. Most manufacturers have an arbitration or "dispute resolution program," which you may use. You are not required to go through that process prior to taking legal action. There are advantages and disadvantages both ways.

If a dealer's warranty only is involved, for example a dealer's 30 day/1,000 mile warranty on a car which is beyond the manufacturer's warranty limits, the dealer is also entitled to a "reasonable" number of repair attempts. This also varies with the circumstances.

The most important part of your "reasonable" number of repair attempts is to document them. You are legally entitled to a copy of the Work Order or Repair Order for each time the car is in for repairs, even if the dealer cannot duplicate the problem, or if no problem is found. The worst thing a consumer can do is not have a record of returning the vehicle for repairs, while still claiming that the defect exists. If you do not receive a Repair Order, or otherwise document your return, it may be presumed that you did not return it. This works to the dealer's advantage. If you do return and the dealer refuses to make a repair, or if the defect exists as soon as the vehicle is returned to you, even though the dealer claims to have made the repair, it is important to document this, return it again, or at the least have a reliable witness confirm that the dealer told you that nothing could be done, or that no problem was found.

What is my remedy if my vehicle is a "lemon"?

Once you have reached your point of "reasonable returns for repair," which varies with every situation, you have a right to demand that the vehicle either be repaired, replaced, or that a refund be given. You have these rights even if the vehicle is out of warranty, so long as the un-repaired defects occurred first within the warranty and continue to occur afterwards. Many unscrupulous dealers tell people that the vehicle is out of warranty and they have no rights, or they must pay for repairs themselves. This is another reason why it is important to document each occurrence of the defect and repair attempt within the warranty period. The law states that the warranty continues to protect a consumer so long as there is a record of at least one attempt to repair the problem within the warranty period.

The Lemon Law also requires the warrantor to pay for the consumer's attorney's fees on a meritorious claim. Therefore, anyone may bring a lawsuit under the Lemon Law regardless of their financial condition.

Contact William M. Krieg & Associates

If you believe you were sold a lemon, our consumer protection lawyers will advocate for your rights and interests. Discuss the specifics of your claim by calling our Central California law office today.

Contact William M. Krieg & Associates for a free consultation or free consumer protection information.