Picture this: you drive off the dealership lot with your brand-new car, only to find yourself back at the service department three weeks later with the same problem you thought was fixed.
Sound familiar?
If your vehicle keeps breaking down despite multiple repair attempts, you might be dealing with what California law calls a “lemon.”
The good news is that California has some of the strongest consumer protection laws in the country, and they’re designed specifically to help people in your situation get their money back or find a real solution.
What Is Considered a Lemon Car?
California’s lemon law is pretty specific about what counts as a “lemon”.
Your vehicle becomes a lemon when it has substantial defects that seriously mess with its safety, value, or your ability to actually use it as intended.
But here’s the catch – these defects have to be covered under your manufacturer’s warranty, and the manufacturer has to have had a reasonable shot at fixing them.
The law recognizes two main scenarios where your car crosses into lemon territory.
First, when the defects are so substantial that they make your car unsafe to drive or significantly reduce what it’s worth.
Second, when your car has been sitting in the repair shop for more than 30 cumulative days during your warranty period.
That 30-day clock doesn’t reset every time you pick up your car – it keeps ticking with each visit.
Substantial Defects That Qualify Under Lemon Law
Not every squeak, rattle, or minor annoyance qualifies your car as a lemon.
California law focuses on substantial defects that affect critical systems.
Think about the parts of your car that could actually hurt you if they fail.
Brake problems that leave you pumping the pedal at red lights definitely count.
Transmission issues that leave you stranded on the freeway or cause your car to jerk unpredictably also qualify.
Steering problems that make your car pull to one side or become difficult to control are serious enough to meet lemon law standards.
Engine troubles that cause stalling, overheating, or complete breakdowns during normal driving certainly qualify.
Even electrical system failures can count if they affect safety features like your lights, airbags, or anti-lock brakes.
The key is whether the problem significantly impacts your car’s safety, value, or usability.
The 30-Day Rule Explained
California law includes a specific time-based qualification for lemon vehicles.
If your car spends more than 30 cumulative days getting repaired during the warranty period, it may qualify as a lemon.
These days don’t need to be consecutive – they accumulate across all your repair visits.
A week in March, plus ten days in May, plus two weeks in July all add up toward your total.
The repair time begins when you deliver your vehicle to an authorized repair facility.
Time spent waiting for parts generally counts toward your 30 days, provided the delay is unreasonable.
However, delays caused by your unavailability or failure to respond to dealer communications typically don’t count against the manufacturer.
Why is it Called a Lemon Car?
Defective vehicles that can’t be repaired are called lemon cars because of the sour taste they leave in the consumer’s mouths.
The term lemon started back in the early 20th century and was later adopted by the automotive industry to describe defective vehicles.
Do Used Cars Qualify for Lemon Law Protection?
Many people assume California’s lemon law only applies to brand-new vehicles, but that’s not accurate.
Used cars can also qualify for lemon law protection under specific circumstances.
The key requirement is that the defect must occur while your used vehicle is still covered under the manufacturer’s original warranty.
This means a two-year-old car with remaining factory warranty coverage has the same lemon law protections as a vehicle driven off the lot yesterday.
The age of the vehicle or its mileage doesn’t disqualify it from protection as long as valid warranty coverage exists.
However, extended warranties purchased separately from third-party companies typically don’t provide lemon law protection.
Only the manufacturer’s original warranty creates the legal framework necessary for a successful lemon law claim.
Some used car dealers attempt to sell vehicles “as-is” to avoid warranty obligations, but this doesn’t eliminate manufacturer warranty coverage that may still be in effect.
If you purchased a used vehicle that’s experiencing substantial defects, check your warranty documentation to determine if you have remaining coverage.
Many consumers overlook their lemon law rights simply because they didn’t buy their car new, missing out on significant legal protections.
How Much Time You Have to Take Action
California gives you four years to pursue a lemon law claim, but that doesn’t mean you should wait.
The four-year countdown begins when you first discover the defect or when you reasonably should have known about it.
While four years might seem like plenty of time, waiting can actually hurt your case.
Evidence gets lost, memories fade, and repair records sometimes disappear.
The sooner you act, the stronger your position becomes.
Your Options When California Law Is on Your Side
When your car qualifies as a lemon, California law gives you three potential remedies, though some are much more common than others.
Most people end up with a manufacturer buyback, where the company purchases your defective vehicle at its original value.
Some consumers opt for a replacement vehicle instead of getting their money back.
A few cases result in “cash and keep” settlements, but these are pretty rare and usually not the best option.
Getting Your Money Back Through a Buyback
A manufacturer buyback is exactly what it sounds like – the company that made your lemon has to buy it back from you.
But this isn’t some lowball offer based on current market value.
The law requires them to pay you back the original purchase price, plus all the taxes, registration fees, and financing costs you paid.
They also have to reimburse you for monthly payments you made while dealing with the defective vehicle.
Even expenses like towing costs and rental cars during repairs typically get included in the settlement.
The manufacturer can deduct a reasonable amount for the miles you drove before the defect became apparent, but this deduction is often much smaller than people expect.
Swapping Your Lemon for an Equivalent Replacement
Sometimes consumers prefer getting a replacement vehicle instead of a refund.
The replacement has to be substantially similar to what you originally bought – same class of vehicle, similar features, comparable value.
If you want to upgrade to something more expensive, you’ll typically need to pay the difference.
If the comparable replacement costs less than your original purchase, the manufacturer usually owes you the difference.
This option works well for people who need reliable transportation right away and don’t want to go car shopping again.
The Rare “Cash and Keep” Settlement
Cash and keep settlements let you receive compensation while keeping your defective vehicle.
This option usually comes up when the defect is less severe or when consumers specifically request it.
The compensation is typically less than a full buyback since you get to keep the car.
Most attorneys don’t recommend this option because you’re still stuck with a vehicle that has known problems.
However, some people choose this route if they can live with minor defects or have their own plans for fixing the issues.
Need Help With a Lemon Car?
In most lemon cases, it’s important that the consumer gets their claims taken care of as soon as possible. Not only will they get a refund or a replacement vehicle faster, but they get to ditch a car that can be potentially life-threatening to drive in.
When you contact our lemon law attorneys, you’ll be connected to one of our team members who will then ask a series of questions to see if your car might qualify as a lemon. Even if you don’t have a case, we at Consumer Action Law Group will be able to give you some advice on steps you can take to resolve your issue.
Give us a call at (213) 583-5670 for your free consultation today!
