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Do You Have a Lemon? How to Determine If Your Vehicle Qualifies

A detailed shot of a yellow toy car alongside a wooden gavel on a wooden surface.Buying or leasing a vehicle should bring peace of mind and reliable transportation. But when your vehicle spends more time in the shop than on the road, frustration can quickly set in. If your car is experiencing persistent issues that the dealership or manufacturer can’t seem to fix, you might be dealing with a lemon. Fortunately, California law offers strong consumer protections for people stuck with defective vehicles. The question is, how do you know if your car qualifies? This article breaks down what it means to have a lemon under California law and how to determine if your situation fits the criteria. For a free evaluation of your situation, contact Nita Lemon Law Firm in Los Angeles to get an assessment from an experienced and knowledgeable California lemon law attorney.

What It Means for a Vehicle to Be a Lemon in California

California’s Lemon Law, found in sections of the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, provides legal remedies for consumers who purchase or lease defective vehicles. The law is designed to protect you when the manufacturer fails to repair a vehicle under warranty within a reasonable number of attempts. If your vehicle qualifies as a lemon, you may be entitled to a full refund or a replacement vehicle, along with other compensation.

So what exactly makes a vehicle a lemon? The law doesn’t define it in casual terms—it lays out a specific framework. To start, your vehicle must have a defect covered by the manufacturer’s warranty. This defect must substantially impair the vehicle’s use, value, or safety. It could be something as serious as a faulty brake system, a recurring engine problem, or an electrical defect that causes intermittent failure of critical systems. Cosmetic issues or minor annoyances typically don’t qualify, unless they are symptoms of deeper mechanical problems.

Another key element is that the manufacturer or dealership has had a reasonable opportunity to fix the defect. What counts as “reasonable” depends on the nature of the defect. For example, a safety-related issue like brake failure might only require two repair attempts before the vehicle qualifies as a lemon. Less urgent problems may require four or more attempts. Separately, a vehicle that has been out of service for 30 or more cumulative days due to warranty repairs can qualify the vehicle as a lemon even if the dealership hasn’t made multiple attempts to fix the same issue.

Determining a Lemon: Steps to Take

To determine whether your vehicle qualifies under California Lemon Law, you’ll need to evaluate a few important factors. First, is your vehicle still under the manufacturer’s original warranty? The law only applies to defects that occur while the warranty is in effect. Leased vehicles can also be eligible, as long as they were leased primarily for personal, family, or household use. Certain small-business vehicles may also qualify if they meet specific conditions.

Second, is the problem substantial enough to impact how you use the car? A glitch in your infotainment system may be annoying, but it probably won’t qualify unless it’s part of a larger electrical system malfunction that affects your vehicle’s drivability or safety. On the other hand, persistent stalling, overheating, steering issues, or drivetrain problems are more likely to rise to the level of a lemon law defect.

Third, have you given the manufacturer a fair chance to make things right? It’s not enough to report the problem once and give up. California law requires that the manufacturer or its authorized repair facility be given a reasonable opportunity to diagnose and fix the defect. That’s why it’s so important to document each repair attempt. Save all work orders, receipts, and communications. These records are critical when building a claim. They show a pattern of failure and demonstrate that you acted in good faith by seeking repairs through the proper channels.

If you suspect your vehicle may be a lemon, taking the right steps early can make a significant difference. Continue bringing the car to an authorized repair facility and be specific about the symptoms you’re experiencing. Don’t let the dealership brush off your concerns. Insist on receiving a detailed invoice for each visit, even if no repairs are made. If the issue remains unresolved, you’ll need this documentation to support your case.

It’s also wise to consult a California lemon law attorney once you suspect your vehicle might qualify. An experienced attorney can assess your case, explain your rights, and guide you through the process of filing a claim. California law allows you to recover attorney’s fees if you win your case, so you can usually seek legal help at no out-of-pocket cost. An attorney can communicate directly with the manufacturer on your behalf and negotiate a settlement or take the case to court if necessary.

Contact Nita Lemon Law Firm Today

At Nita Lemon Law Firm, we help California consumers determine whether their vehicles qualify for protection under the Lemon Law. Our team understands how frustrating and stressful it is to deal with an unreliable vehicle, especially when you’ve done everything right. We offer personalized guidance and aggressive advocacy to help you obtain the compensation or replacement vehicle you deserve. If you think your car might be a lemon, contact us today for a free consultation. We’ll review your case and help you understand your rights so you can take the next step with confidence.

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