What qualifies a vehicle as a “lemon” under California’s Lemon Law?

Under California law, a vehicle is considered a lemon if a substantial defect(s) arose during the warranty period and the manufacturer’s dealerships were unable to repair it after a reasonable number of attempts.

What makes a defect substantial?

There are many different types of defects that are considered substantial. While problems with a vehicle’s engine or transmission are certainly substantial, vehicles manufactured these days come with dozens of features that can break down and create substantially impairing situations. These include navigation systems, touch screens, stability control, connectivity issues, climate control, windows, warning lights, convertible tops and many, many more. There are literally hundreds of defects that can be considered substantial.

How many repair attempts are considered “reasonable?”

While there is no magic number on what constitutes reasonable, if your vehicle hasn’t been fixed in about 3 to 4 times, you could have a Lemon Law claim. Safety problems can trigger a Lemon Law claim in as little as 2 repair attempts.

Does the California Lemon Law apply to leased vehicles?

Yes. The California Lemon Law applies to all vehicles, purchased or leased, that come with a written warranty.

Does the California Lemon Law apply to used vehicles?

Yes. The California Lemon Law applies to all vehicles that come with a written warranty. Even if you purchased a used vehicle, you may still have a claim if a written warranty was in effect at the time of your purchase/lease.

Can I still have a Lemon Law claim if my vehicle is out of warranty?

Potentially. If your problems arose while your vehicle’s warranty was in effect and continued after it expired, you may still have a valid Lemon Law claim.

Do I have to go to arbitration before filing a California Lemon Law claim?

No. California law allows manufacturers to offer arbitration, but consumers are not required to use arbitration before filing a claim.

What do I recover if my vehicle qualifies under California’s Lemon Law?

The Lemon Law essentially provides you with a refund of your money. If your vehicle qualifies as a lemon, you are entitled to a refund of your down payment, monthly purchase/lease payments, and to have your vehicle loan paid off in full. You will also be entitled to reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses. Under the Lemon Law, the manufacturer is entitled to deduct a mileage offset for your use of the vehicle based on a formula set forth in the law. Unlike many law firms in California, The Journey Law Group does NOT take a percentage from your out of pocket refund recovery.

How do attorneys’ fees work?

If your vehicle qualifies under California’s Lemon Law, the manufacturer is required to pay for your attorneys’ fees. The Journey Law Group does not charge any up-front fees, costs or retainers. If there is no recovery, you will not be responsible for any fees or costs.