California lemon law refers to the Song-Beverly Consumer Warranty Act. The law protects consumers who purchase/lease vehicles with defects. The law applies when auto manufacturers cannot fix a defect even after multiple repair attempts. The law applies to new and used cars that were financed or leased.

To qualify as a lemon, the vehicle must meet the following three conditions:

• The vehicle must have a defect that affects the vehicle’s use, value, or safety

• The vehicle must still be under warranty

• The vehicle must have been subject to a reasonable number of repairs

Under California law, there is no predetermined repair attempts that apply to all lemon vehicles. In general, serious safety-related defects, like airbags, steering, and brakes, require fewer repair attempts (sometimes as little as two attempts). For defects that do not affect safety, like infotainment issues, air conditioning failures, etc., more repair attempts may be required (sometimes four or more attempts). In cases in which the vehicle does not meet the repair attempt requirement, the vehicle may still qualify as a lemon if it has been out of service for repairs for 30 or more days.

To summarize, factors that affect whether repairs are “reasonable” include the type of defect, the severity of the defect, the manufacturer’s response to the defect/repairs, and the evidence provided to by the consumer.

The Lemon Law Presumption is a legal shortcut that applies when defects arise within the first 18 months or 18,000 of ownership (whichever comes first). Essentially, the law favors the consumer if the presumption is established. When does presumption apply? Consider the following:

• If a defect that could cause serious injury or death cannot be fixed after two repair attempts, presumption applies.

• If a defect that does not affect safety cannot be fixed after four or more repair attempts, presumption applies.

• If the vehicle is in the repair shop for 30 days or more, presumption applies.

In cases in which presumption applies, the law favors consumers, so they are more likely to win their claims.

When it comes to lemon law claims, documentation is the most important evidence for your case. You must document everything from the first time that a defect came up. You should keep records of all issues present, all repair attempts made, all invoices and service receipts, and all communications between you and the dealership. You should also consult with an experienced lemon law attorney who can help you understand your right to pursue a lemon law claim and the number of repair attempts that your vehicle will need before you can file.

If your vehicle meets all the eligibility requirements, including the repair attempt number, you can file a lemon law claim. Under the lemon law claim, you could be entitled to a vehicle buyback (a full refund for the purchase price of the vehicle minus mileage offset) or a replacement vehicle of equal or similar value. In addition, you could be eligible to recover compensation for any out-of-pocket costs incurred, like repair costs, rental car costs, rideshare costs, towing costs, and more.

If you have additional questions about filing a lemon law claim, please do not hesitate to reach out to our lawyers as soon as possible. Our lemon law lawyers are committed to fighting for your rights as a consumer under the California lemon law. We are not afraid to take on any auto manufacturer to fight for your rights. If you are ready to discuss your legal options with our lawyer, contact us at your earliest convenience. We are ready to help you!