California Lemon Law: Beyond Cars?

California's Lemon Law covers a wide range of vehicles, including cars, SUVs, vans, trucks, motorcycles, and even RVs and watercraft. It applies to both new and used vehicles, as long as they are covered by a warranty. The law protects consumers who have purchased or leased vehicles for personal, family, or household use, as well as some vehicles purchased for business use. The law holds manufacturers accountable for repairing defects within a reasonable number of attempts and entitles consumers to a refund or replacement if repairs are not successful. While California's Lemon Law primarily focuses on vehicles, it also covers other consumer goods, excluding clothes and consumable goods.

Does the California Lemon Law apply to used cars?

The California Lemon Law applies to both new and used cars, as long as the vehicle still has an active warranty from the manufacturer or dealer. This means that if you buy a used car in California and it turns out to be a "lemon", you are protected by the Lemon Law and may be entitled to a refund or replacement.

To qualify under the Lemon Law, the vehicle must meet certain criteria. Firstly, it must have been purchased from a retailer, not a private individual, as private used car sales are not covered under the law. Secondly, there must be an active warranty on the car, either the original manufacturer's warranty or an extended warranty given by the retailer. Additionally, the vehicle must have a substantial defect that has not been fixed despite a reasonable number of repair attempts.

The Lemon Law Presumption applies if the following conditions are met:

• The issues with the car are covered under the manufacturer's warranty.
• The problem occurred within 18 months of delivery or within 18,000 miles, whichever came first.
• The problem reduces the use, value, or safety of the vehicle, and was not caused by abuse.
• The manufacturer has been notified about the problem, preferably in writing.

Additionally, one of the following conditions must also be met:

• The car has been taken in for repairs four or more times for the same problem, and it still persists.
• The car has been taken in for repairs two or more times for a problem that is severe enough to cause death or serious injury, and the issue remains.
• The vehicle has been in the shop for repairs for more than 30 days, even if not consecutively, for any problem covered by the warranty.

If your used car meets these criteria, you may be entitled to a replacement or a refund under California's Lemon Law. It is important to note that the guidelines for used car purchases under the Lemon Law are less specific than those for new vehicle purchases, so it is recommended to consult with a qualified attorney to understand your rights and options.

What is the time limit for filing under the California Lemon Law?

The California Lemon Law protects auto buyers and lessors who are sold a defective vehicle. However, it is subject to certain procedural requirements. Failing to follow the procedural rules, including the time limit, can result in your claim being thrown out of court.

The general statute of limitations for filing a Lemon Law claim in California is four years. That means that, in most cases, a car owner or lessee has four years from when they experience warrantable problems with their vehicle to file a Lemon Law claim against the dealership or manufacturer.

There is some flexibility regarding when the four-year limitation period begins. The clock starts ticking once the consumer knows or should know about the vehicle defect. If you are concerned that you may be past the deadline for filing a Lemon Law claim, a lawyer may be able to demonstrate to the court that you did not and could not have known about the defect for some time, thus extending your timeline for filing a claim.

In addition to the four-year time limit, there are other important deadlines to keep in mind when dealing with Lemon Law claims in California:

• Manufacturer's warranty period: All lemon law claims must be initiated within the manufacturer's expressed warranty.
• 18 months: Consumers have up to 18 months from the original delivery date to initiate a lemon law claim.

It's important to note that these deadlines are not strict statutes of limitations, but it is still best to begin the legal process as soon as possible.

What is the Lemon Law Presumption?

The Lemon Law Presumption applies to new cars bought or leased in California that cannot be repaired. It also covers used cars if there is still time remaining on the manufacturer's warranty.

The Lemon Law Presumption applies if the following are true:

• The problems with the car are covered under the manufacturer's warranty.
• The problem first occurred within 18 months of delivery, or within 18,000 miles, whichever came first.
• The problem reduces the use, value, or safety of the vehicle, and the issues were not caused by abuse.
• If required by the warranty or owner's manual, you have notified the manufacturer about the problems in writing.
• You've taken the car in for repairs four or more times for the same problem and it's still not fixed.
• You've taken the car in for repairs two or more times for a problem that could cause death or serious bodily harm, and it's still not fixed.
• The vehicle has been in the shop for more than 30 days (not necessarily consecutively) for repair of any problem covered by the warranty.

If your vehicle meets these criteria, you may be entitled to a replacement or a refund.

What is arbitration and why should it be avoided?

Arbitration is a process that can be used to resolve disputes between a vehicle manufacturer and a consumer. In California, it is a free, relatively simple, and quick way to resolve warranty problems. Both parties agree to allow a neutral third party (an arbitrator) to decide whether a reasonable number of repair attempts have been made to fix a car, and what should be done. The arbitrator's decision can include an additional repair attempt, replacement of the vehicle, a refund of part or all of the purchase price, or reimbursement for incidental expenses.

While arbitration is a faster and cheaper alternative to going to court, there are several reasons why it should be avoided. Firstly, manufacturer-sponsored arbitrators may not always be neutral parties. These arbitrators are often reliant on the auto manufacturer for business, and some are even created by the manufacturers themselves, which puts consumers at a disadvantage. Secondly, the arbitrator's decision can be used against you in court if you remain unsatisfied with the outcome and decide to pursue legal action. This means that anything the arbitrator decides can be brought up in court as substantive evidence. Thirdly, arbitration may not always be in your best interest. While it is presented as a quick and easy process, it is important to remember that if you win a lemon case, the manufacturer is required by law to pay for all your legal expenses, including the cost of hiring a lawyer. Consulting a specialized lemon law lawyer before agreeing to arbitration can help you avoid potential pitfalls and ensure you receive the justice you deserve.

What are the remedies for lemon vehicle owners?

Lemon laws are designed to protect consumers who buy or lease vehicles that suffer from substantial defects that the dealer has not successfully repaired during an initial period of ownership or within a certain number of miles driven. These laws apply to both new and used vehicles, as long as they are still covered by a dealer or manufacturer's warranty.

If you are a vehicle owner and your car turns out to be a lemon, you have certain remedies available to you under the lemon law. Here are some options for seeking redress:

Request for Repair

Before pursuing legal action, it is important to provide the manufacturer or leasing company with a reasonable opportunity to fix the defects. The cost of repairs is typically their responsibility. However, it is essential to act within a specified period and to familiarize yourself with the specific state laws that govern leased car lemon issues, as they may vary across jurisdictions.

Refund or Replacement Vehicle

If the manufacturer or dealer fails to repair the defects after a reasonable number of attempts, you may be entitled to a refund or a replacement vehicle of equal value. In some cases, you can choose which option you prefer. The refund typically includes reimbursement of lease payments or the return of any down payment, trade-in value, and all payments made.

Negotiate a Different Settlement

You are not limited to the options provided by the lemon law. You can choose to negotiate a different settlement that better suits your needs, such as a cash-and-keep settlement, where you receive monetary compensation while retaining ownership of the vehicle.

Arbitration

Arbitration is a free and relatively simple way to resolve warranty problems. It involves presenting your case to a neutral third party (an arbitrator) who will decide whether a reasonable number of repair attempts have been made and what the appropriate course of action should be. Decisions are typically made within 40 days, and you have the right to accept or reject the arbitrator's decision. If you are unsatisfied with the decision, you can still pursue legal action.

Legal Action

If none of the above options provide a satisfactory resolution, you may choose to file a lawsuit against the manufacturer. While this option may be more time-consuming and complex, it can be effective, especially with the assistance of a qualified lemon law attorney.

Frequently asked questions