Frequently Asked Questions About California Lemon Laws

All new or used vehicles that are purchased or leased from a dealer herein California and used for personal purposes are covered by the lemon law, including cars, SUVs, trucks, motorcycles, and vans. (Cal. Civ. Code, sections 1791(a) and (b); Cal. Civ. Code, section 1793.2(d)(2)(D); Cal. Civ. Code, section 1793.22(e)(2); Jensen v. BMV 35 Cal.App.4th 112.)

The one exception is if you are active-duty military.  For the military exception to apply, you must have been active duty and either stationed in California or have been a resident of California (1) at the time you purchased the vehicle or (2) at the time you file your lawsuit. (Cal. Civ. Code, sections 1793.2, 1791(t), and 1795.8(b).)

It also covers vehicles that are purchased or leased for business purposes as long as the business does not have more than five vehicles registered in its name in the state of California and the vehicle’s gross vehicle weight is under 10,000 pounds. (Cal. Civ. Code, section 1793.22(e)(2).)

What is considered a “reasonable number of attempts” depends on your circumstances. But, the law has provided some guidance for certain circumstances, while leaving other situations up for argument. For instance, California’s lemon law says that we can presume there has been a reasonable number of attempts in the following circumstances:

• If, within the first 18 months or 18,000 miles, whichever occurs first, one or more of the following happens:
  • The vehicle has a defect that poses a safety concern
  • Results in a condition that is likely to cause death or serious bodily injury
  • And the dealer has had at least 2 chances to repair the defect
  • The vehicle has a defect and the dealer has had at least 4 chances to repair the defect
  • The vehicle has been in the shop for repairs for more than 30 cumulative days

To take advantage of the lemon law’s presumption that I’ve outlined above, you must participate in the manufacturer’s third-party dispute resolution procedure (if they have one). (Cal. Civ. Code, section 1793.22(c).)

Every case is different. Results vary. No two cases are alike. Depending on the facts and circumstances of your case, along with other factors, your recovery could range from (1) $0.00; (2) a certain amount of cash and you can keep the vehicle to do as you wish (for example, sell it or trade it in or keep driving it); (3) the manufacturer could replace your vehicle with a substantially similar vehicle; or (4) the manufacturer could give you a refund minus an amount for your use and non-manufacturer installed items.

In the case of a refund, the manufacturer must give you the amount that you paid for the vehicle, including the cost of sales tax, registration, and other fees. The manufacturer also has to reimburse you for rental cars, towing charges and some repairs that you may have paid for out of your own pocket.  However, the law allows manufacturers to deduct money from the refund amount to account for the miles you put on the vehicle before you started having problems.   The formula that is used to calculate this deduction is as follows:<

Numbers of miles at the first complaint – number of miles on the vehicle when you purchased it / 120,000 x cash purchase price of the vehicle.

The manufacturer can also deduct for some other non-manufacturer items as well.

 

If the case of a replacement vehicle, the manufacturer must provide a new vehicle that is similar to the lemon and pay all fees associated with the sale. For example, if you purchased a 2015 vehicle that is a lemon car, the manufacturer might replace it with a 2019 vehicle with the same make and model and features.  The replacement vehicle must also come with the standard warranties that are typically provided at the time of sale.

• California’s lemon law says that vehicles must be merchantable.  What that means is that vehicles must:
• Pass without objection in the trade
• Be fit for the ordinary purposes for which such goods are used. 
• Be adequately contained, packaged, and labeled.
• Conform to the promises made. 
• (Cal. Civ. Code, section 1791.1(a).)

An express warranty is a written statement from the vehicle’s manufacturer or dealer, provided to you when you purchase a vehicle, that says they promise to preserve or maintain the utility or performance of the vehicle and that if they cannot do so they will provide you with compensation. (Cal. Civ. Code, section 1791.2.) In other words, the manufacturer promises to repair your vehicle at no cost to you during a limited time period.  An example of an express warranty is the factory warranty that comes with your vehicle when you purchase it from a dealer.  For instance, the bumper-to-bumper warranty or the powertrain warranty or the safety/restraint warranty or the emissions warranty.

When a manufacturer gives you a warranty, the manufacturer must:

• Have facilities reasonably close by to repair your vehicle and the manufacturer must provide the repair facility with sufficient literature and parts so they can properly repair your vehicle during the warranty period. (Cal. Civ. Code, section 1793.2(a)(1) and (3).)
• Ensure that the repair facilities start repairs on your vehicle within a reasonable time and that the repairs are complete within 30 days (unless you agree in writing to a longer period of time). (Cal. Civ. Code, section 1793.2(b).)
• Honor the warranty — in other words, the repair facility must repair your vehicle at no cost to you (check out your warranty for exclusions/exceptions/terms/conditions).

What is considered to be a substantial impairment depends on various factors that are unique to each case. Examples may include:

• Oil leaks (Oregel v. Isuzu (2001) 90 Cal.App.4th 1094)
• Stalling (Steward v. Daimler Chrysler (2002))

If your vehicle has a defect that substantially impairs the use, value or safety of your vehicle and the manufacturer’s repair facility (i.e. the dealer) cannot repair your vehicle after a reasonable number of attempts within the warranty period, the manufacturer must either replace your vehicle or refund your monies (there is a specific formula used for a refund). (Cal. Civ. Code, sections 1793.2(d)(1) and (2); Cal. Civ. Code, section 1793.22(e)(1); Cal. Civ. Code, section 1794(b).) The manufacturer cannot make you accept a replacement vehicle (though you cannot force a replacement, either). (Cal. Civ. Code, section 1793.2(d)(2).)  From experience, replacing your car can get very complicated because there are a lot of rules, but it can be done.

The lemon law in California is a warranty law. So, if there is a warranty for your vehicle or truck, whether you “purchased” the vehicle or “leased” the vehicle, the lemon law applies. So, yes, the lemon law applies to leased vehicles.

The state of California has very consumer-friendly lemon laws. These laws protect you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. If your vehicle’s history qualifies as a lemon, the auto manufacturer must either replace or repurchase the vehicle at their expense. Then when your case resolves, the attorney fees and costs of your lemon law attorneys are built into the settlement / resolution amount that the manufacturer must pay. And the lawyer does not receive a percentage of your refund the way personal injury attorneys are compensated in civil suits. If you prevail, the manufacturer pays reasonable fees and costs to your attorney.

It depends and the timing can get complicated. As a general matter, you have 4 years from when the warranty expires to file a lemon law lawsuit. Every vehicle comes with a variety of warranties so you will need to determine which warranty applies to which repairs to be able to calculate the deadline. There are also times when the warranty could be extended which also extends the deadline to file. Bottom line: determining the deadline to file is complicated so please do not try to calculate it on your own. Reach out Lemon Law Attorney Sotera Anderson, let her review the records, and she will let you know if you have a case and whether the deadline is approaching or not.

Technically, yes. However, it may be uphill battle and will depend on the circumstances of the repair history and why you no longer have the car. Also, some lemon law attorneys do not like to accept cases where the consumer no longer has the vehicle. So, before you trade the vehicle in, let lemon law attorney Sotera Anderson take a look at the records to see if it qualifies for a refund.

It depends. If your problems started during the warranty period and continued afterwards, possibly. If your problems started after the warranty expired, no. Just keep in mind that there are a variety of warranties so you will need to determine which warranty applies to which repairs to determine if the repair was within the warranty period or afterwards. Bottom line: determining what repairs matter in a lemon law case can get complicated so please do not try to figure it on your own. Reach out Lemon Law Attorney Sotera Anderson, let her review the records, and she will let you know if you have a case and what repairs count and which do not.

The timing it takes to go through the lemon law process depends on a lot of factors – how strong of a case you have, who is the manufacturer, how is the manufacturer’s lawyer, and the like. It could take 30 days or it could take 6 months. Every case is different. But, know that lemon law attorneys have strategies they can employ to make the process move quickly.

The actual law is somewhat extensive, but paraphrased below are the basic requirements for a vehicle to be considered a lemon in California:

• The vehicle was purchased or leased in California. Members of the military who are serving in California or residents of California can file no matter where they purchased or leased the vehicle.
• The vehicle is covered by the manufacturer’s original warranty or is within six months past expiration.
• The vehicle was purchased for personal use, or business use if it’s under 10,000 pounds and the business owner has five or fewer vehicles registered in his or her name.
• The vehicle is a car, truck, motorcycle, SUV, or similar vehicle. The non-living-spaces of motor homes are covered, including the chassis, cab, and propulsion systems.
• The manufacturer/dealer has made two or more attempts to remedy a serious problem that could cause serious injury or death OR the manufacturer/dealer has made four or more attempts to repair the same non-life-threatening problem that is covered under the warranty.
• The problems substantially reduce the vehicles value, use, or safety.
• The problems are not caused by abuse by the owner or lessee.

Yes, absolutely. Almost everything is done electronically now. Lemon Law Attorney Sotera Anderson handles cases throughout the State of California.

If your vehicle has a defect that substantially impairs the use, value or safety of your vehicle and the manufacturer’s repair facility (i.e. the dealer) cannot repair your vehicle after a reasonable number of attempts within the warranty period, the manufacturer must either replace your vehicle or refund your monies (there is a specific formula used for a refund). (Cal. Civ. Code, sections 1793.2(d)(1) and (2); Cal. Civ. Code, section 1793.22(e)(1); Cal. Civ. Code, section 1794(b).) The manufacturer cannot make you accept a replacement vehicle (though you cannot force a replacement, either). (Cal. Civ. Code, section 1793.2(d)(2).) From experience, replacing your car can get very complicated because there are a lot of rules, but it can be done. In addition to the refund, the manufacturer will have to pay your attorney fees and costs.

A lemon law buyback is one of the possible outcomes in a lemon law case. In a buyback, you give the vehicle back and the manufacturer refunds your money (there is a specific formula used for a refund).