(Newswire.net — March 14, 2024) — Purchasing a new car should be an exciting experience. However, if you find yourself repeatedly at the dealership for repairs, you might start wondering if your new car is a lemon. In California, the Song-Beverly Consumer Warranty Act, often referred to as the California Lemon Law, provides protection for consumers who inadvertently purchase defective vehicles. To determine if your vehicle qualifies for a buyback under this law, it must meet specific criteria.
What Is a California Lemon?
A “lemon” in California is a new vehicle with a substantial defect that affects its use, value, or safety, and has not been fixed after a reasonable number of repair attempts by an authorized dealership. This law applies to both new and used vehicles that are still under a manufacturer’s warranty.
Criteria for a Vehicle to Be Considered a Lemon
According to the Los Angeles lemon law attorneys at Young & Young APC, your vehicle must have the following to be considered a lemon:
Substantial Defect
Not all defects will qualify a vehicle as a lemon. The defect must be substantial, meaning it impedes the car’s use, value, or safety. Examples include engine issues, faulty brakes, or serious electrical problems. Minor annoyances, such as squeaky brakes or loose trim, may not meet this threshold.
Reasonable Number of Repair Attempts
Under the California Lemon Law, a manufacturer must be given a reasonable number of attempts to fix the vehicle. Although there is no set number, the law provides guidelines:
- Two or more attempts for problems that could cause death or serious bodily injury
- At least four attempts for the same problem without resolution
- The vehicle is out of service for more than 30 days cumulatively for any number of issues covered by the warranty
These repair attempts must occur within the first 18 months or 18,000 miles of possessing the vehicle, whichever comes first.
The Lemon Law Presumption
A vehicle is presumed to be a lemon if certain conditions occur within 18 months or 18,000 miles of the vehicle’s delivery to the consumer (whichever occurs first):
- The manufacturer or its agents have made at least two attempts to repair a warranty problem that could result in death or serious injury.
- The manufacturer or its agents have made at least four attempts to repair the same warranty problem.
- The vehicle has been out of service for at least 30 days while being repaired for any number of warranty problems.
These presumptions assume the consumer has directly notified the manufacturer about the issue and the need for its repair.
Notification to the Manufacturer
The last key criterion is that the vehicle manufacturer must be made aware of the issue and given the opportunity to repair it. This usually means taking the vehicle to a factory-authorized dealership for repairs. Documenting every repair attempt is crucial, as this documentation will be the core evidence in any Lemon Law claim.
Seeking Relief: Repurchase or Replacement
If your vehicle qualifies as a lemon, the manufacturer is generally required to either:
- Repurchase the vehicle (refund the purchase price, including taxes and fees, minus a deduction for the consumer’s use of the vehicle), or
- Replace the vehicle with a new, comparable vehicle.
The choice between repurchase or replacement lies with the consumer. However, the manufacturer may challenge a claim if they believe the criteria have not been met or the vehicle does not have a substantial defect.
Owning a potential lemon is frustrating, but California law is there to protect your rights. If your vehicle ticks all the boxes that define a lemon, act promptly to ensure that you get the relief you’re entitled to under the law. Remember, the objective of California’s Lemon Law is to make the consumer whole again after purchasing a defective vehicle.