The basis of Lemon Law requirements in California is that, to be considered a lemon, a motor vehicle must have a significant problem covered by the manufacturer’s express warranty that the manufacturer has been unable to resolve after a reasonable number of attempts.
But what is the Lemon Law in California if a faulty motor vehicle is not covered by the manufacturer’s express warranty? Can you still pursue a Lemon Law claim and demand a buyback and refund of the losses you have suffered due to their faulty vehicle?
Unfortunately, in most cases, the answer is no. Your vehicle’s issue must be covered by a valid manufacturer’s express warranty to file a Lemon Law claim in California. However, there are a few exceptions.
If you aren’t sure whether you have a valid warranty that qualifies, contact The Barry Law Firm in Los Angeles today to speak to an experienced California Lemon Law attorney in a FAST & FREE consultation. At The Barry Law Firm, we exclusively handle Lemon Law claims and have recovered Lemon Law buybacks for thousands of clients who have purchased or leased faulty vehicles across California.
If you have a faulty motor vehicle with significant warranty-covered issues that have defied the manufacturer’s repeated repair attempts, we can help you take advantage of the protections offered by California’s Lemon Law. Vehicle manufacturers are required to pay consumers’ legal fees in successful claims, so we pursue Lemon Law claims at no charge to our clients. You’ll never see a bill from us, no matter the outcome of your case. Call now to learn more!
What Is the Lemon Law in California?
California’s Lemon Law provides protections and remedies for California consumers who purchase or lease a vehicle that turns out to be a lemon. A new motor vehicle is considered a lemon if it has a substantial defect covered by the original manufacturer’s express warranty that persists despite a reasonable number of attempts by the manufacturer to repair it — typically through an authorized dealership or repair center.
The law allows the consumer to demand that the manufacturer of a lemon vehicle buy it back. This means the manufacturer must refund the purchase or lease price, plus any other costs of vehicle ownership that the consumer has paid due to the vehicle’s failure.
The consumer must have purchased or leased their vehicle in California to take advantage of the state’s Lemon Law, with exceptions for military service members stationed or residing in California.
When Does a Vehicle Qualify as a Lemon?
Under California law, a motor vehicle qualifies as a lemon if:
- It has a defect that substantially impairs its safety, usability, or resale value.
- The defect is covered by the manufacturer’s original express warranty as issued at the time of purchase or lease.
- The defect has not been resolved, despite the vehicle’s manufacturer or an authorized service center being given a reasonable number of attempts to repair it.
What’s considered a “reasonable number” of repairs can vary from case to case. For defects posing a significant danger, two or more attempts to fix the problem are typically considered reasonable. If the problem is less severe, the manufacturer may be entitled to more than two attempts to repair it. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
Am I Covered Under the California Lemon Law If I Purchased a Vehicle Without a Warranty?
California’s Lemon Law applies to problems with a vehicle that are covered by the manufacturer’s original express warranty — the written warranty issued with the purchase or lease of a new car. This warranty is what requires the manufacturer to make certain repairs or replacements when problems with the vehicle arise.
If your vehicle did not come with an express warranty from the manufacturer, you likely don’t have a Lemon Law claim. However, you may still have other options available to you.
What If My Warranty Has Expired?
If the problems you are having with your vehicle were covered by a manufacturer’s express warranty that has expired, you may still be eligible to pursue a Lemon Law claim. The law requires only that the problem was under warranty at the time of the car owner’s first attempt to have it repaired by the manufacturer’s authorized representative.
This means it’s essential to take your vehicle to an authorized dealership for repairs as soon as you notice an issue – especially for recurring and persistent problems. It can protect you in the future for a Lemon Law claim even if your warranty expires afterwards.
What Is the ‘Implied Warranty of Merchantability’?
California law also establishes an “implied warranty of merchantability” with the sale of motor vehicles and other consumer products in California. Implied warranties are unwritten but automatically assumed consumer protections. It is an unstated guarantee that, unless otherwise stated, the good being sold to a consumer works for its usual purpose when it is used as intended.
Implied warranties are short-term and typically apply to used cars sold by dealers. And unfortunately, they generally do not qualify for Lemon Law protections. This doesn’t mean you do not have any legal recourse if you have a defective vehicle that only has an implied warranty. However, you likely do not have grounds for a Lemon Law claim.
What to Do When the Warranty Is Expired on Your Lemon
If your manufacturer’s express warranty has expired, you may still be able to file a Lemon Law claim. However, you will have to establish when the issue started using detailed evidence.
If you experience mechanical or operational problems after buying a car, you should promptly report them to an authorized dealership and request repairs. Keep copies of repair orders, receipts, and all other documents and correspondence related to your attempts to have your vehicle repaired. This will be vital proof of when the issue began and your initial attempts to get it fixed.
You may be able to pursue a Lemon Law claim if:
- The defect substantially impairs your vehicle’s use, value, or safety.
- The manufacturer cannot repair the issue after a reasonable number of attempts.
- The issue is covered by the manufacturer’s express warranty.
- The express warranty is still valid – or it was still valid when you first tried to get the issue repaired.
You should speak to an attorney experienced with California Lemon Law claims. Our Lemon Law attorneys at The Barry Law Firm can review your case and help you pursue a claim if your vehicle qualifies as a lemon. We can help you assemble documentation showing your efforts to have your vehicle repaired and the full extent of your costs and losses.
As your attorneys, we can communicate with the dealership and your vehicle’s manufacturer on your behalf to press your claim to be made financially whole. Most Lemon Law claims can be resolved with a settlement. But if it is necessary, we will be prepared to take a solid Lemon Law case to court on your behalf. And we’ll do it all at no cost to you.
It is important to note that the California Lemon Law does have a statute of limitations. That means you have a limited amount of time to file a Lemon Law claim against a manufacturer. Don’t hesitate to contact a Lemon Law attorney to ensure you don’t miss any deadlines.
If You’re Unsure What to Do, Call a Lemon Law Attorney for Advice!
California’s Lemon Law is among the strongest consumer protection laws in the nation. If you have a recently purchased or leased car with significant warranty-covered problems the manufacturer has been unable to repair after several attempts, an experienced Lemon Law attorney from The Barry Law Firm may be able to help you. We can review your case, determine if your vehicle is covered by an express warranty from the manufacturer, and advise you on whether you have a valid Lemon Law claim.
Contact The Barry Law Firm today for a FAST & FREE legal consultation about a potential Lemon Law claim.
