What is Lemon Law?

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts by a manufacturer-authorized car dealership.

To be eligible for protection under the Lemon Law, the vehicles’ problems would have to occur while the vehicle was still under the manufacturer’s warranty.

Is My Car a Lemon?

The qualification of a Lemon is quite complicated. Generally speaking, a vehicle is considered a lemon when the dealership has been given multiple opportunities to repair the problem within the warranty period and the vehicle could not be repaired. There is no requirement for how many times a customer must bring the vehicle in for repair. However, courts generally have ruled that two times for the same issue is sufficient.

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FAQ's

How do I know if my vehicle is defective?

Under the Lemon Law, the manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts:

- The car continues to experience recurring problems.

- Those problems substantially impair the use, value, or safety of the vehicle;

- Those problems are not caused by unauthorized or unreasonable use of the vehicle after the sale. (eg. Installation of aftermarket parts and damages caused by car accidents, etc.)

What is reasonable number of attempts?

What is considered a “reasonable” number of repair attempts depends on many factors.

The California Lemon Law does not state the number of repair attempts that reach the benchmark of "reasonable." However, the courts have ruled that a vehicle only has to be brought to the dealership at least two times for the same issue.

Additionally, while the following factors are not required, there is a rebuttable presumption that your vehicle is a lemon if:

The problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first);

You have taken the vehicle in for repair by the manufacturer or its agents:

- Four or more times for the same problem and it still is not fixed, or

- Two or more times for the same problem, and it still is not fixed, or

- The vehicle has been out of service for repair for more than 30 days (the 30-day requirement does not need to be consecutive).

Does Lemon Law Apply To Me?

The Lemon Law applies to most new vehicles purchased or leased from an authorized dealer in California that is still under a manufacturer’s new vehicle warranty. The Lemon Law also applies to used vehicles, as long as they are still under a manufacturer’s new/extended warranty. If you are a Full-time active-duty member of the Armed Forces stationed or residing in California at the time of purchase or lease, you are protected by the Lemon Law even if your vehicle was purchased or registered outside of California.

Even if the Lemon Law does not apply in your case, other state and federal laws may protect you. These include laws that prohibit deceptive practices and require vehicles to meet minimum safety standards.

What if my vehicle was purchased for business use?

You are covered, the statutes provide that vehicles primarily used for business are protected by California’s Lemon Law as long as the business registers no more than 5 vehicles and the vehicle’s gross weight are less than 10,000 pounds

What Do I get from bringing a Lemon Law Suit?

You may be entitled to a cash settlement, a vehicle replacement, or a lemon law repurchase. Often times we are able to recover civil penalties - above and beyond what our clients paid for their vehicles - from the vehicle’s manufacturer.

Why should I hire an attorney?

Because California’s lemon law is nuanced, complicated, and confusing, and oftentimes a formal court process will be required. It is crucial to work with a dedicated and experienced lemon law attorney that knows the ins and outs of the process.

It is also not uncommon for automotive manufacturers to use their resource advantage to bully consumers into taking a settlement that may sound attractive at first, but is actually way less than what they are able to obtain if they were represented by an experienced lemon law attorney. Additionally, hiring Lyon and Reynard to represent you is completely free. Under California Lemon law, the vehicle manufacturers are required to pay for your attorneys fees and cost. In other words, we don’t get paid unless you win!

I’m a busy person. Is this going to take up much of my time?

Not at all! Your initial free consultation just takes a few minutes by phone. After that, we will ask you to send us your documents by email, fax or mail. Then, the attorney will evaluate your case and you will have a slightly more involved conversation (about 30-minutes) so that we can learn more about your case. After that’s been done, we do most of the work without bothering you. While we will not need much of your time, we will always be at your service and ready to answer any questions that you may have.

I think my car is already fixed, can I still bring a lemon lawsuit?

Yes! First of all, there is no such thing as “fixed.” Even if you are not experiencing any problems at the moment, it does not mean that the same problem won't occur at a later time and place. Second, California’s consumer protection laws provide that manufacturers must fix warranty defects within a reasonable number of attempts. So if your car is fixed (for now), if it has taken too long to fix it, or if you have lost confidence in the vehicle, then it may qualify under the lemon law.

I bought my vehicle from a private party, can I still bring a lemon lawsuit?

Unfortunately, cars sold by private parties are sold “as is” and private parties are not held to the same standard as an authorized car dealership. Therefore, you will likely not be able to bring a lemon law claim against a private seller.