Steps to Take If You Think You Have a Lemon in California
Owning a car that repeatedly breaks down or fails to perform as promised is frustrating, stressful, and often costly. For many Californians, a vehicle is not just a convenience but a necessity for work, family, and everyday life. When a car spends more time in the repair shop than it does on the road, it can disrupt your life in serious ways. Fortunately, California’s Lemon Law provides strong protections for consumers who find themselves stuck with defective vehicles. If you suspect your car might be a lemon, understanding the steps you need to take is crucial. By acting quickly and strategically, you can improve your chances of obtaining a replacement vehicle, a refund, or other compensation under the law.
If you are currently dealing with vehicle issues you can’t resolve on your own, contact Nita Lemon Law Firm for help from an experienced and skilled California lemon law attorney.
Step One: Confirm That Your Vehicle Is Covered
The first step is to determine whether your vehicle qualifies under California’s Lemon Law, which can be found in the Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act. The lemon law applies to both new vehicles, whether owned or leased, that are still covered by the manufacturer’s original warranty. The protections extend to cars, trucks, SUVs, vans, motorcycles, and even the chassis or drivetrain components of motor homes.
Small-business owners also have some protection under California Lemon Law, as long as the business owns or leases no more than five vehicles registered in the state and the defective vehicle weighs less than 10,000 pounds. If you fall into this category, your business may be able to file a claim just like an individual consumer. The law does not apply once the original manufacturer’s warranty has expired, so timing is important. If your car begins experiencing problems, it is important to act while warranty coverage is still in effect.
Step Two: Identify a Substantial Defect
Not every problem will qualify your vehicle as a lemon. The defect must be substantial enough to impair the use, value, or safety of the car. For example, a minor cosmetic issue such as a loose piece of trim is unlikely to meet the threshold. By contrast, serious problems like repeated brake failures, transmission issues, or persistent electrical malfunctions that affect critical systems are much more likely to qualify. The law is intended to address defects that materially affect the ability to safely operate or enjoy the vehicle, not small inconveniences or annoyances.
It is also important that the defect is covered by the manufacturer’s warranty. Issues resulting from abuse, neglect, or unauthorized modifications generally are not covered. If you are unsure whether your problem qualifies, an attorney can help evaluate the severity of the defect and whether it meets the criteria.
Step Three: Give the Manufacturer a Reasonable Opportunity to Repair the Problem
California law requires that the manufacturer or its authorized dealer be given a reasonable opportunity to fix the issue before the vehicle can be considered a lemon. What constitutes a reasonable number of repair attempts depends on the nature of the problem. For defects that pose a serious safety risk, such as brake or steering failures, as few as two repair attempts may be enough. For less dangerous issues, the law typically requires at least four repair attempts. Alternatively, if your vehicle has been out of service for 30 or more cumulative days due to warranty repairs, that too may qualify as a lemon even if the dealership is still working on its first fix.
This requirement ensures that the manufacturer has a fair chance to address the defect, but it also prevents consumers from being stuck indefinitely with a car that never gets fixed. The key is that the attempts must be documented, and the repairs must be performed at an authorized dealership or repair facility.
Step Four: Document Everything Carefully
Documentation is one of the most critical parts of a successful lemon law claim. Without proper records, it can be difficult to prove that you gave the manufacturer enough opportunities to fix the defect or that the problem substantially affects your vehicle’s use, value, or safety. You should maintain a file that includes repair orders, service receipts, and invoices from every visit to the dealership. Each document should clearly describe the problem you reported, what repairs were attempted, and whether the issue was resolved.
In addition to repair records, keep copies of all correspondence with the manufacturer or dealership. If you receive emails, letters, or text messages related to your repairs, save them. If you incur costs such as towing charges or rental car fees while your vehicle is in the shop, keep those receipts as well. These records not only help prove your case but also support reimbursement for expenses you incurred as a direct result of the defect.
It can also be helpful to take photographs or videos of the defect when possible. For example, if warning lights repeatedly appear on your dashboard or if the car produces unusual sounds or smoke, visual evidence can strengthen your claim. If the defect occurs intermittently, try to capture it on video or have a witness present when the problem arises.
Step Five: Notify the Manufacturer in Writing
Once it is clear that repairs are not resolving the defect, the next step is to notify the manufacturer. This should be done in writing, preferably via certified mail, so that you have proof of when the letter was sent and received. The letter should explain the nature of the defect, the repair history, and the fact that the issue remains unresolved despite multiple attempts. Include copies of repair orders and other documentation so that the manufacturer has a complete picture of the situation.
Sending a written notice not only demonstrates that you acted in good faith but also creates a formal record of your complaint. This is particularly important if you need to escalate the matter to arbitration or litigation. In some cases, manufacturers may offer informal settlement options once they receive a written notice, but you should be cautious and ensure that any offer fully protects your rights under the law.
Step Six: Explore Legal Action
Some manufacturers offer state-certified arbitration programs as a way to resolve disputes outside of court. Arbitration can appear to be faster and less formal than litigation, but it is not the best option for consumers. The decisions made in arbitration do not provide the full remedies available under California Lemon Law, and arbitration decisions can limit your legal options. For these reasons and others, Nita Lemon Law Firm never recommends arbitration.
If your issue is not being resolved by the dealer/manufacturer, it may be time to file a lemon law claim in court. In these situations, having an experienced lemon law attorney on your side is invaluable. Attorneys who handle lemon law cases are familiar with the strategies manufacturers use to deny or minimize claims, and they can help level the playing field. In California, if you prevail in your lemon law claim, the manufacturer can be required to pay your attorney’s fees, meaning you will not have to pay out of pocket for legal representation.
Step Seven: Be Mindful of Deadlines
California has a statute of limitations that sets a deadline for filing lemon law claims. Generally, you must file within four years from the date you first knew, or should have known, that your vehicle was a lemon. Waiting too long to act can result in losing your right to bring a claim, even if the defect persists. While four years may sound like a long time, lemon law cases can take months to prepare, and evidence becomes harder to collect as time passes. Acting promptly is always the best strategy.
Step Eight: Understand the Remedies Available
If your claim is successful, you are entitled to valuable remedies such as a replacement vehicle or a refund. A replacement vehicle must be substantially similar to the one you purchased or leased, with equivalent features and warranties. If you choose a refund, the manufacturer must return the purchase price of the vehicle, including taxes, registration, and other official fees. They may deduct a reasonable usage fee based on the mileage driven before the defect appeared, but the goal is to make you financially whole.
If the defect is something you can live with, a third option is to keep the vehicle while accepting a cash settlement as compensation for being stuck with a lemon.
In addition to a replacement or refund, you may also recover incidental expenses such as rental car fees, towing costs, and repair-related expenses. California law also allows for recovery of attorney’s fees, which is why many consumers hire lawyers to represent them. This provision ensures that consumers can access legal help without worrying about additional financial burdens.
Contact Nita Lemon Law Firm in Los Angeles
Dealing with a defective car is never easy, but California’s Lemon Law provides a clear framework for protecting consumers from being stuck with unreliable vehicles. If you suspect your vehicle is a lemon, the best course of action is to act quickly, document everything, and seek legal guidance. The law is on your side, but manufacturers often resist honoring their obligations without a fight. With strong documentation and experienced legal representation, you can pursue the compensation or replacement vehicle you deserve.
At Nita Lemon Law Firm, we are committed to helping California consumers navigate the complexities of Lemon Law. Our team provides personalized attention and aggressive advocacy to ensure you are not left stranded with a defective vehicle. If you think you may have a lemon, contact us today for a free consultation and let us help you take the next step with confidence.
