The California Lemon Law (Civ. Code, § 1793.2 et seq.) safeguards consumers when their vehicles exhibit defects that cannot be resolved after a “reasonable” number of repair attempts.
This Lemon Law is applicable to the majority of new vehicles bought or leased in California, provided they are still covered by the manufacturer’s new-vehicle warranty. Notably, full-time active-duty members of the Armed Forces who are stationed or living in California during the time of purchase or lease also enjoy protection under the Lemon Law, even if their vehicles were purchased or registered outside of the state. Additionally, used vehicles that remain under a manufacturer’s new car warranty are subject to the Lemon Law. In such cases, any leftover time on the warranty extends protection to the vehicle’s new owner.
Identifying a Lemon Vehicle in California
To qualify as a lemon under California’s Lemon Law, a vehicle must meet specific criteria:
- Manufacturer’s Warranty: The vehicle must be covered under the manufacturer’s new vehicle warranty or a certified pre-owned warranty.
- Defects or Nonconformities: The vehicle must have a defect or nonconformity that substantially impairs its use, value, or safety.
- Reasonable Repair Attempts: The manufacturer must have made a reasonable number of repair attempts without successfully fixing the issue.
CA Lemon Law Presumption
California Lemon Law includes a presumption, which means that a vehicle is presumed to be a lemon if specific conditions are met within 18 months of delivery or 18,000 miles (whichever occurs first):
- Two or More Repair Attempts: The same defect has been subject to repair at least twice and persists.
- Safety-Related Defects: The vehicle has a safety-related defect that has not been fixed after one repair attempt.
- Out of Service: The vehicle has been out of service for more than 30 days due to warranty repairs.
- Four or More Repair Attempts: The vehicle has had four or more repair attempts for various defects.
What is the average lemon law settlement in CA?
While it’s difficult to pinpoint an “average” lemon law settlement, the amount received in California can vary significantly depending on factors such as the vehicle’s make and model, age, purchase price, and mileage. Generally, larger settlement amounts are associated with newer vehicles and higher initial costs. However, this is only a rough guideline and may not always hold true.
In addition to the factors already mentioned, the specific nature and severity of the vehicle’s defects can also impact the settlement amount under California’s lemon law. Each case is unique, and assessing the potential settlement requires a thorough examination of the individual circumstances. Since there isn’t a one-size-fits-all answer when it comes to lemon law settlements, it is crucial for consumers to understand that outcomes can vary widely from case to case.
Understanding the Repair Process and Your Rights
As a consumer, it’s crucial to be familiar with the repair process and your rights under California’s Lemon Law:
- Notify the Manufacturer: Report the defect to the manufacturer or its authorized dealer as soon as possible. Keep records of all communications and repairs.
- Repair Opportunity: The manufacturer has a reasonable number of attempts to repair the vehicle. This typically means at least two repair attempts for the same issue or 30 cumulative days in the repair shop.
- Replacement or Repurchase: If the manufacturer cannot repair the vehicle after a reasonable number of attempts, it must replace or repurchase the vehicle.
Pursuing a Lemon Law Claim
If your vehicle meets the lemon criteria and the manufacturer refuses to provide a satisfactory resolution, consider the following steps:
- Gather Documentation: Collect all records related to the vehicle’s purchase, warranty, repairs, and communication with the manufacturer.
- Consult an Attorney: Seek legal advice from an experienced lemon law attorney to evaluate your case and guide you through the process.
- Manufacturer’s Informal Dispute Resolution: Some manufacturers require consumers to participate in their informal dispute resolution program before pursuing legal action.
- Filing a Lawsuit: If the informal resolution does not yield satisfactory results, you may file a lemon law lawsuit.
Lemon Law Protections for Used Vehicles
CA Lemon Law also applies to used vehicles under certain conditions:
- Remaining Warranty: The used vehicle must still be covered by the manufacturer’s new vehicle warranty or a certified pre-owned warranty.
- Transferability: Ensure that the warranty is transferable to subsequent owners.
- Vehicle History: Obtain a vehicle history report to verify the vehicle’s mileage, ownership history, and prior repairs.
Tips for Avoiding Lemon Vehicles
To minimize the risk of purchasing a lemon vehicle, consider the following tips:
- Research Thoroughly: Read reviews, consumer reports, and reliability ratings for the vehicle make and model you’re interested in purchasing.
- Inspect the Vehicle: Have a trusted mechanic inspect the vehicle for any defects or issues before finalizing the purchase.
- Check for Recalls: Verify if there are any open recalls on the vehicle and ensure they have been addressed by the seller.
- Test Drive: Take the vehicle for a test drive to evaluate its performance, comfort, and overall condition.
- Ask for Service Records: Request the vehicle’s service records to gain insight into its maintenance history.
Consumer Education: Know Your Rights
Understanding your rights as a consumer under California’s Lemon Law can help you make informed decisions and protect your investment:
- Warranty Coverage: Familiarize yourself with the manufacturer’s warranty terms and conditions.
- Lemon Law Rights: Be aware of the lemon law criteria and the presumption guidelines.
- Repair and Replacement: Understand the repair process and your entitlement to a replacement or repurchase if the manufacturer fails to fix the vehicle.
- Legal Remedies: Know the steps to pursue a lemon law claim if the manufacturer refuses to provide a satisfactory resolution.
Dealer and Manufacturer Responsibilities
Dealers and manufacturers play a vital role in upholding California’s Lemon Law and ensuring consumer protection:
- Warranty Fulfillment: Dealers and manufacturers are obligated to fulfill the terms of the vehicle’s warranty, including repairing or replacing defective parts.
- Good Faith Repair Efforts: Manufacturers must make a reasonable number of repair attempts to address defects or nonconformities.
- Replacement or Repurchase: If a vehicle is deemed a lemon, manufacturers must replace or repurchase it according to the consumer’s preference.
- Compliance: Dealers and manufacturers must adhere to California’s Lemon Law requirements and act in the best interest of consumers.
Find a Lemon Law Lawyer in California
If you are facing issues with a lemon vehicle and need legal assistance, find a trusted lemon law lawyer in your city. Here are some cities where you can find experienced lemon law attorneys:
Navigating the Complexities of California’s Lemon Law
California’s Lemon Law can be a complex and challenging legal landscape to navigate. Consumers, dealers, and manufacturers must understand their rights and obligations to ensure a fair and equitable resolution for all parties involved. By staying informed and seeking professional guidance when necessary, you can better protect your investment and ensure a positive outcome.