Steps to Take If You Think You Have a Lemon in California
Buying a new vehicle should give you dependable transportation, not a recurring cycle of breakdowns, dealership visits, and unresolved repairs. If your vehicle keeps developing the same problem or has spent weeks in the repair shop, you might be wondering whether California’s Lemon Law can help.
The California Lemon Law, part of the Song-Beverly Consumer Warranty Act, protects eligible consumers who purchase or lease new vehicles covered by the manufacturer’s original warranty. When a manufacturer cannot repair a qualifying defect after a reasonable number of attempts, it can be required to repurchase or replace the vehicle.
At Nita Lemon Law Firm, we help California consumers understand their rights when warranty repairs fail to resolve serious vehicle problems. If you think you have a lemon, taking the right steps now can help you protect your rights and build a stronger California lemon law claim.
1. Identify and Document the Vehicle’s Problems
Start by documenting every problem your vehicle experiences. A defect does not have to leave your vehicle completely undriveable to matter. Problems that substantially affect the vehicle’s safety, use, or value can potentially support a California Lemon Law claim.
Examples include recurring engine or transmission problems, electrical failures, defective brakes, steering issues, persistent warning lights, battery or charging problems in electric vehicles, and software malfunctions that interfere with normal operation.
Keep a written record of each issue. Note when it began, the symptoms you observed, how frequently it occurs, and whether it affects your ability to drive safely or reliably. If a warning light appears, take a photograph when it is safe to do so. Save videos or other evidence that clearly captures intermittent problems.
Do not assume a problem is too minor to document or that an intermittent defect is unimportant. A problem that disappears temporarily and returns later can still be significant, particularly when repeated repair visits fail to resolve it.
2. Review Your Manufacturer’s Original Warranty
Next, review the warranty booklet and other documents provided when you purchased or leased the vehicle. California Lemon Law protections apply to new vehicles covered by the manufacturer’s original warranty.
Check the warranty’s coverage period, mileage limits, and terms for the component experiencing problems. Determine whether the manufacturer’s warranty covers the defect and whether any exclusions could be relevant.
Keep in mind that a vehicle does not automatically qualify as a lemon simply because it needs repairs. The nature of the defect, its effect on the vehicle, the repair history, and the manufacturer’s opportunity to fix the problem all matter.
You also do not necessarily lose your rights simply because the original warranty period expires while you are dealing with a persistent defect. The timing of the defect, repair attempts, and other circumstances can affect your options. If a problem began during the warranty period and remains unresolved, get legal guidance rather than assuming you have waited too long.
3. Take the Vehicle to an Authorized Dealership for Repairs
When a covered problem develops, arrange for diagnosis and repair through an authorized dealership. Follow the warranty’s repair procedures and provide a clear description of the symptoms.
Explain when the problem occurs and whether it creates a safety concern. If the defect is intermittent, tell the service department what conditions seem to trigger it. Be specific about what you have experienced instead of relying on a general description such as “the vehicle is not running right.”
Before leaving the vehicle, ask the dealership to document your complaint on the repair order. When you collect the vehicle, obtain a copy of the completed repair order, even if the dealership says it could not reproduce the problem or found no fault.
If the problem returns, take the vehicle back and explain that the previous repair did not resolve the issue. Repeated visits can help establish that the manufacturer has had opportunities to correct the defect but has not succeeded.
Do not assume you must continue taking the vehicle back indefinitely. California law evaluates whether the manufacturer has had a reasonable number of opportunities to repair a qualifying defect. What is reasonable depends on the circumstances, including the seriousness of the problem.
4. Keep Every Repair Order and Related Record
Documentation is one of the most important parts of a potential Lemon Law claim. Repair orders can establish when you reported a defect, what the dealership attempted to fix, how long the vehicle remained out of service, and whether the problem returned.
Create a folder for your vehicle records, either digitally or on paper. Include:
- Purchase or lease documents and warranty information.
- Every repair order, invoice, and diagnostic report.
- Recall notices and manufacturer communications.
- Emails, letters, and notes from telephone conversations.
- Records showing the dates the vehicle was unavailable for use.
Review repair orders before leaving the dealership. If the description of the problem is inaccurate or incomplete, ask the service department to correct it or add your explanation to the record.
Track the total time your vehicle spends out of service for warranty repairs. California’s Lemon Law presumption includes a situation in which a vehicle is out of service for repairs for more than 30 cumulative days during the applicable statutory period. Keep in mind that the presumption has specific timing and other requirements, and a claim can sometimes exist even when those criteria are not met.
5. Understand How Many Repair Attempts May Be Enough
Consumers often ask how many times a dealership must attempt a repair before a vehicle qualifies as a lemon. California law does not establish one universal number that applies to every case. However, the law does presume a car is a lemon after a certain number of attempts, depending on the alleged defect.
Under the Lemon Law presumption, a reasonable number of repair attempts is presumed when, within 18 months after delivery or 18,000 miles on the odometer, whichever comes first, the manufacturer or its representative has made at least four attempts to repair the same nonconformity, has made at least two attempts to repair a defect likely to cause death or serious bodily injury if the vehicle is driven, or the vehicle has been out of service for more than 30 cumulative days for warranty repairs. Other statutory conditions apply.
These criteria are guidelines for a legal presumption, not absolute requirements for every claim. A vehicle can potentially qualify even if it does not meet the presumption’s specific thresholds. Likewise, a manufacturer could rebut the presumption by offering contradictory evidence. The key question is whether the manufacturer had a reasonable number of opportunities to repair a defect covered by the warranty that substantially impairs the vehicle’s use, value, or safety.
Do not give up on a potential claim simply because you have had fewer repair visits than you expected. An attorney can review the nature of the defect, the repair history, and the applicable legal requirements.
6. Contact the Manufacturer Directly When Appropriate
Although authorized dealership repair visits are important, you should also review your warranty booklet and owner’s manual to determine whether you need to notify the manufacturer directly about the problem.
If the manufacturer requires written notice, follow the specified procedure and retain a copy of everything you send. Even when you are unsure whether formal notice is required, communicating with the manufacturer can help create a record of the unresolved defect and your request for assistance.
Describe the problem clearly, identify the repair visits that have already occurred, and explain whether the defect continues to affect the vehicle. Keep copies of any responses, proposed solutions, or requests for additional repairs.
Do not rely exclusively on verbal assurances that the issue will be resolved. Written records can help clarify what the manufacturer knew, when it received notice, and how it responded.
7. Take Safety Recalls and Serious Defects Seriously
If your vehicle is subject to a safety recall, read the recall notice carefully and follow the manufacturer’s safety instructions. If the notice directs you to stop driving the vehicle or park it outside, take those instructions seriously.
A recall alone does not automatically mean a vehicle qualifies as a lemon. However, a recall-related defect can be relevant if it substantially affects the vehicle’s safety, use, or value and remains unresolved despite reasonable repair opportunities.
Keep the recall notice, any related repair records, and communications about the availability of a remedy. If the dealership cannot complete the recall repair because parts are unavailable, document the delay and how long the vehicle remains out of service.
If a serious defect makes driving unsafe, do not continue driving simply to accumulate repair attempts. Ask the manufacturer or dealership about safe transportation or repair arrangements and preserve records of those communications.
8. Be Careful Before Accepting a Settlement or Replacement Offer
If the manufacturer offers to repurchase or replace your vehicle, review the terms carefully before agreeing. A repurchase involves returning the vehicle in exchange for a refund calculated under the applicable law, including a potential mileage offset for use before the first qualifying repair visit. The amount and treatment of other payments depend on the circumstances.
A replacement offer also deserves careful review. Make sure you understand the proposed vehicle, the terms of the transaction, and any financial obligations or releases included in the agreement.
Do not assume the first offer fully accounts for your rights. Depending on the case, recoverable amounts can include qualifying incidental expenses, and a prevailing consumer can recover reasonable attorney fees and costs under the Song-Beverly Act.
Before signing a settlement, release, or other agreement, consider having a California Lemon Law attorney review it. Once you accept certain terms, you could give up rights or remedies that would otherwise be available.
9. Consult a California Lemon Law Attorney
You do not have to wait until the dealership has exhausted every possible repair or the manufacturer has formally denied your claim before seeking legal advice. An attorney can review your warranty, repair orders, mileage, time out of service, and communications to assess whether the facts support a claim.
Legal guidance can also help you understand the process for pursuing relief, respond to manufacturer arguments, and evaluate whether a proposed settlement is appropriate. Because California has specific requirements and procedures governing Lemon Law claims, getting advice early can help you avoid preventable mistakes.
At Nita Lemon Law Firm, we help California vehicle owners evaluate potential Lemon Law claims and understand the options available to them. If your new vehicle continues to have serious warranty problems despite repeated repair attempts, a review of your records can help clarify your next steps.
What If You Think Your Vehicle Is a Lemon?
Start by documenting the defect, following the manufacturer’s warranty procedures, keeping every repair record, and tracking the time your vehicle spends out of service. Do not assume that a recall, a low number of repair attempts, or an expired warranty automatically determines the outcome. The details of your situation matter.
If the manufacturer has been unable to repair a qualifying defect after a reasonable number of attempts, you could be entitled to a vehicle repurchase or replacement under California law.
Contact Nita Lemon Law Firm to discuss your situation and learn whether you have a potential California Lemon Law claim. You should not have to keep paying for a vehicle that the manufacturer cannot bring into conformity with its warranty.
