I got a lemon! Now what?
Lemon Laws in California provide consumer protection for individuals who purchase or lease new or used vehicles with significant defects that impair their use, value, or safety. The law applies to cars, trucks, SUVs, motorcycles, and other motor vehicles used for personal or small business purposes.
It’s important to note that these examples are not exhaustive, and other issues not listed here may also be covered by the California Lemon Law. Remember that the specific circumstances and the number of repair attempts required to qualify as a lemon can vary, so it’s crucial to consult the actual law or seek legal advice for a comprehensive understanding of the criteria.
During the Manufacturer’s Original Warranty: Lemon law claims are typically initiated while the vehicle is still covered by the manufacturer’s original warranty. This period usually lasts for the first few years of ownership or a specific mileage limit (e.g., 3 years/36,000 miles).
Statute of Limitations: While the exact statute of limitations can vary, the California Lemon Law typically allows you to file a claim within four years from the date of the vehicle’s original delivery to the consumer. This means that even if the defect becomes apparent later, you may still have time to initiate a claim within the statute of limitations.
Manufacturer’s obligation: If a vehicle qualifies as a lemon, the manufacturer has an obligation to either replace the vehicle or refund the purchase/lease price to the consumer.
• During the Manufacturer's Original Warranty: Lemon law claims are typically initiated while the vehicle is still covered by the manufacturer's original warranty. This period usually lasts for the first few years of ownership or a specific mileage limit (e.g., 3 years/36,000 miles).
Refunds: If the manufacturer provides a refund, it should include the full purchase or lease price, minus a mileage deduction for the use of the vehicle before the defect occurred. The deduction is based on the number of miles driven before the first repair attempt for the defect.
Arbitration: Manufacturers may offer arbitration as an alternative dispute resolution process. If the consumer agrees to arbitration and the decision favors the consumer, the manufacturer must comply with the decision. However, consumers are not required to participate in arbitration before filing a lawsuit under the Lemon Law.
Used vehicles: Lemon Laws in California also cover used vehicles that are still under the manufacturer’s original warranty.
It’s important to note that Lemon Laws can be complex, and the specific requirements and procedures may vary. If you believe you have a lemon vehicle, it’s recommended to consult with an attorney who specializes in Lemon Law cases to understand your rights and options.
Vehicles covered by the California Lemon Law may experience a wide range of issues that can qualify them as “lemons.” These issues can vary in severity and may affect different aspects of the vehicle’s performance, safety, or value.