Lemon Law Attorney Los Angeles

The Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act collectively created California’s Lemon Law. Under these provisions, consumers are protected when they purchase or lease a defective vehicle which is still under the manufacturer’s original warranty. If the defect substantially impairs the use, value or safety of the car and the manufacturer has not been able to repair the defect after a reasonable number of attempts, then the manufacturer must either buy back or replace the vehicle. In some cases, the consumer may be entitled to a cash settlement.

What may qualify as a “reasonable” number of repair attempts depends on the facts and circumstances of each case. Some of the factors include the severity of the defect, the ability to duplicate the problem, the availability of qualified service centers, and the seriousness of the defect. It is important to note that courts have held that one repair attempt does not obligate the manufacturer to buy back or replace a potentially defective vehicle.

Lemon Law protects consumers who have purchased or leased a vehicles for personal or family uses from a California dealership. A vehicle purchased for a business may also be covered under Lemon Law as long as (a) it weighs under 10,000 pounds, and (b) the business has no more than 5 vehicles registered.

In California, if a car is found to be a lemon, the consumer may be entitled to one of the following options:

1. Refund: The manufacturer would reimburse the consumer for the purchase price of the vehicle, less any allowance for use. The allowance for use is calculated based on the vehicle’s mileage at the time the defect was first reported. There may also be reimbursement for registration fees, taxes, and finance charges.
2. Replacement: The manufacturer must provide the consumer with a vehicle that is of comparable value to the lemon vehicle. The manufacturer must also pay for all taxes, registration fees, and other charges related to the replacement vehicle.
3. Cash Settlement: In some cases, in lieu of a replacement or repurchase of the vehicle, the consumer may be entitled to a cash settlement. This amount is typically based on the vehicle’s purchase price, minus any allowance for use. This option is best for consumers who do not want to go through the process of getting a replacement or repurchase and prefer to keep their vehicle. Cash settlement is not available in all cases and the specific amount of the settlement can vary depending on the details of the case.

Lemon Law covers any “new motor vehicle” sold with the manufacturer’s new express car warranty. The word “vehicles not only include passenger cars, but also motor homes, motorcycles, SUVs, trucks, mini vans, sports cars, station wagons, and pickup trucks. Lemon Law does not apply to vehicles that are not registered under the California Vehicle Code, such as those being operated off the highway.

As stated above, a manufacturer that is unable to repair a vehicle after a reasonable number of attempts must either replace or buyback the vehicle. But the law does not define what is considered a reasonable number of attempt – something which would have to be determined on a case-by-case basis.

However, the law does create a presumption that a vehicle is a lemon if within 18 months or 18,000 miles after the purchase or lease of a defective car one of the following occurs:

1. The vehicle’s defect could cause death or serious injury and the manufacturer has made two or more attempts to repair the vehicle, or
2. The manufacturer has attempted to fix the same defect four or more times but has been unable to fix it, or
3. The car has been out of service for a total of 30 days for any number of defects covered under the warranty.​

Even if the vehicle does not fall under the Lemon Law presumption, it may still be a lemon. The best thing to do is to speak with an attorney regarding the facts of your specific case. Read our blog about What is California’s Lemon Law Presumption.

The law does not provide a specific time frame for how long the manufacturer has to fix a defect before the vehicle owner can file a Lemon Law claim. But, in order for a car to qualify as a lemon, the defect must be one that the manufacturer is unable to fix after a reasonable number of repair attempts.

No. California Lemon Law applies to defects that substantially impair the use, value, or safety of the car. Minor vehicle defects or problems that do not significantly affect the vehicle’s performance do not qualify under Lemon Law.

There is no clear test or guideline in determining the types of defects that are substantial under the law. Each case is different and fact specific. Additionally, the defect does not have to be necessarily safety related; it can be one that impairs the use or value of the vehicle.

Some of the common types of defects that have been found to be a “substantial” defect include, but are not limited to: transmission failure, sudden acceleration, engine malfunctions, brake problems, coolant leaks, A/C noise or whistling, water pump failure, convertible top leaks, false overheating, electrical malfunctions, window problems, engine stalls, check engine light, inaccurate fuel gauge, engine idling, and more.

For a more in-depth discussion, please read our blog post on Top Car Problems.

Yes and No! California’s Lemon Law generally does not apply to used cars. However, in limited cases, the law protects the purchaser of the Certified Pre-Owned car as long as it is still under the manufacturer’s new car warranty and purchased from an authorized dealership. Used cars purchased in private party transactions or unauthorized dealerships are not protected under California Lemon Law even if a portion of the manufacturer’s express warranty remains.

Yes! Lemon Law protects anyone who leases a new vehicle. Consumers who lease a car have the same protections under California’s Lemon Law as those who purchase a vehicle.

No, the vehicle must be purchased in California. However, there is an exception for full time active duty members of the U.S. Armed Forces who were stationed in California at the time of the purchase or when filing their Lemon Law claim.

Lemon Law cases are typically handled on a contingency basis, meaning that the client is not charged fees or costs unless there is a successful recovery in the case. If the consumer wins, the statute allows for recovery of attorneys’ fees based on actual time expended on the case, as well as reasonable costs and expenses. Additionally, the law allows for recovery of civil penalties in cases where the manufacturer acted willfully in violating the terms of its express warranty. It is important to remember that a manufacturer is the one responsible for the fees and costs and not the consumer.

Yes! You should continue to make your monthly lease or purchase payments even if you think your car is a lemon. The first step is to speak with a Lemon Law attorney who can guide you regarding your rights and obligations.

Contact Shervin Behnam, Attorney at Law for any lemon law claims. Shervin Behnam works on cases in the state of California.