California’s Lemon Law is the Song-Beverly Consumer Warranty Act ((California Civil Code §1790–1795.8). The law protects consumers who purchase or lease vehicles with defects that the manufacturer or the dealership cannot repair even with a reasonable number of repair attempts made. Under the lemon law, manufacturers must either replace or repurchase the vehicle, meaning that consumers do not have to be stuck with defective cars or motorcycles.

For a vehicle to qualify as a “lemon” under the lemon law, the vehicle must meet all of the following conditions:

• The vehicle must be covered by a manufacturer’s warranty (including an extended warranty)

• The defect must be substantial and affect the vehicle’s use, value, or safety

• The vehicle must have been subject to a reasonable number of repair attempts (in general, this requirement can be satisfied with two or more repair attempts for safety-related defects, four or more repair attempts for other defects, or if the vehicle was out of service for warranty repairs for 30 cumulative days within the first 18 months or 18,000 miles of ownership

When these conditions are met, then the manufacturer is required to offer the affected consumer either a replacement vehicle or a full refund (minus mileage offset).

Yes, the lemon law applies to used cars. If the car was sold while it was still under an active manufacturer’s warranty, it may still qualify. Similarly, the vehicle may still qualify if it was sold as a Certified Pre-Owned vehicle with a dealer/manufacturer warranty. As long as the defect started and was reported within the warranty period, then consumers could file lemon law claims for a defect in their used car. If the vehicle was sold without any warranty, then the lemon law will not apply, although there may be other options for consumers.

If you pursue a lemon law claim, you may be eligible to one of the following remedies or solutions:

• A vehicle buyback (or a full refund for the purchase price of the vehicle, plus taxes and fees, minus mileage offset)

• A replacement vehicle of equal or similar value

• A cash settlement (the consumer keeps their vehicle but gets a cash payout for the inconvenience or fees incurred)

In addition to these main remedies, affected consumers are likely to be compensated for any out-of-pocket costs, including towing costs, rental car costs, repair costs, and any other costs incurred due to the defective vehicle. It is also important to note that auto manufacturers will need to cover all legal fees.

Yes, even though consumers technically do not own vehicles that they are leasing, they still have protections. If the defect appears and is reported within the lease and warranty period, and the dealership/manufacturer cannot fix it within a reasonable number of attempts, then the vehicle may qualify as a lemon. You could be entitled to a replacement vehicle or a full refund for all lease payments made so far.

Yes, the lemon law also applies to motorcycles. Similarly to cars, motorcycles must have a defect that affects use, safety, or value, must be under active warranty, and must be subjected to a reasonable number of repair attempts. However, it is important to note that off-road motorcycles are generally not eligible under the lemon law.

Consider some of the following recommendations:

• Keep detailed records of all repair invoices and all communications with the dealership/manufacturer

• Review your warranty documents and make sure you understand them

• Notify the manufacturer in writing of the issues

• Consult with an experienced lemon law lawyer

• File your claim

If you every find yourself unsure of what you should do, do not hesitate to reach out to our team. Whether you are just looking for information or you are ready to file your claim, our lawyers can provide you with all the information that you need.

Our lemon law lawyers have decades of experience and are fully committed to providing you with the guidance that you need to start or continue your claim. Whether you are looking to begin your claim or redirect your claim, you can trust that our team is ready to help you. We offer free case evaluations, so you will not have to worry about paying anything to discuss your legal options with our team. Contact us today to learn more about whether your vehicle qualifies as a lemon.