Lemon Law in California: How to Know if You Have a Lemon

Who is Protected?

The Lemon Law applies to:

• New and used vehicles purchased or leased in California that come with a manufacturer’s warranty.
• Cars, trucks, vans, and SUVs, as well as motorcycles and some recreational vehicles.
• Business vehicles, provided they are under 10,000 pounds and the business has five or fewer vehicles registered in its name.

Do You Have a Lemon?

Determining whether your vehicle qualifies as a lemon under California law involves considering a few key factors:

1. Serious Defects

The defect must substantially impair the use, value, or safety of the vehicle. Minor issues, such as a faulty radio, typically don’t qualify unless they significantly impact your ability to use the vehicle as intended.

2. Reasonable Number of Repair Attempts

The manufacturer or its authorized dealer must have been given a reasonable number of attempts to repair the defect. Under California law, this is generally considered to be:

• Two or more attempts to fix a life-threatening defect, such as brake failure.
• Four or more attempts to repair the same non-life-threatening issue.
• If the vehicle has been out of service for 30 or more days (not necessarily consecutive) due to repairs.

3. Warranty Coverage

The defect must occur while the vehicle is under the manufacturer’s warranty. The Lemon Law does not apply to issues that arise after the warranty period has expired.

4. Notice to the Manufacturer

You must have given the manufacturer an opportunity to repair the defect. This usually involves taking the vehicle to an authorized dealer for repairs. Keeping detailed records of all repair attempts is crucial to building a strong case.