What Qualifies as a Lemon in California?

Understanding Your Consumer Rights Under California Lemon Law

In California, the lemon law protects consumers who have purchased new or certified pre-owned vehicles with substantial defects or a multitude of problems causing the vehicle to be in the shop an unreasonable amount of time. The California lemon law protects consumers from a potential sour deal and holds manufacturers responsible for conforming their product to the written warranty within a reasonable number of attempts.

Vehicles and consumer goods covered by California lemon laws include:

• New cars
• certified pre-owned car
• RVs and motor homes
• Boats and other watercraft
• Consumer goods and electronics under warranties

Get started with a free case evaluation by calling Barnes Law Firm at 949.446.1668.

How Does a Car Qualify for Lemon Law?

Before holding a manufacturer responsible for defects or problems, several qualifications must be met in order to ensure that the vehicle is covered under California’s lemon law. If your vehicle meets these qualifications, you may have the right to seek recourse or take legal action. We encourage you to contact an experienced Orange County lemon law attorney as soon as possible.

The general qualifications are:

• The car must have a substantial impairment in use, value, or safety.
• The vehicle is from 2019 or newer. 
• The problems with the car must have been covered by a warranty.
• The owner must have attempted to get the vehicle repaired multiple times or the car must be in the shop an unreasonable amount of days.
• The defects must have appeared within the manufacturer's original warranty period.
• The defects must not have been caused by abuse, neglect, or unauthorized modifications by the owner.

Understanding the 30-Day Rule in Lemon Law

The 30-day rule plays an important role in lemon law claims.

What is the 30-Day Rule?

• Repair Duration: Under California lemon law, if a vehicle is in the repair shop for more than 30 days (cumulative, not consecutive) for issues covered by the warranty, it may qualify as a lemon.
• Impact on Eligibility: The 30-day repair rule is often used to determine whether a vehicle has been out of use for an unreasonable period.

Exceptions to the 30-Day Rule

• Critical Safety Defects: In some cases, the 30-day rule might not apply if the vehicle has critical safety defects, such as brake or airbag failures. These issues must be resolved immediately, and the 30-day rule does not restrict the lemon law protection in such situations.

Winning a Lemon Law case in California involves several critical steps to ensure you meet all legal requirements and present a compelling case. 

Here’s how you can improve your chances:

• Document Everything: The first step in winning a CA lemon law case is meticulous documentation. Keep records of all repair orders, receipts, and communications with the dealership or manufacturer. This includes dates of repairs, descriptions of issues, and any costs incurred.
• Understand the Law: Familiarize yourself with the specifics of the lemon law for new or certified pre-owned car. in California. Generally, a vehicle must have a substantial defect that persists despite a reasonable number of repair attempts. The defect must affect the car's use, value, or safety.
• Meet Legal Deadlines: Timing is crucial. In California, you typically have four years from the date you first experienced the issue to file a claim. Missing these deadlines can jeopardize your case.
• Hire an Expert Attorney: Engaging a knowledgeable lemon law attorney is critical. Lemon law attorneys specializing in California certified pre-owned car cars understand the nuances of these cases and can provide invaluable guidance. They will help you gather necessary evidence, file paperwork correctly, and represent you in negotiations or court, if needed.
• Be Prepared to Negotiate: Many lemon law cases are settled out of court. Your attorney will negotiate with the manufacturer or dealer to reach a fair settlement, which could include a replacement vehicle, a refund, or cash compensation.
• Consider Arbitration: Some cases may require arbitration before proceeding to court. Your attorney will guide you through this process, ensuring you are well-prepared.

By following these steps and working with experienced lemon law California certified pre-owned car cars specialists, you can significantly increase your chances of winning your case. We also have experience with CA lemon law for new cars. Always consult with a qualified attorney to navigate the complexities of your specific situation effectively.

Seek experienced assistance from a qualified lemon law attorney at Barnes Law Firm. Call (949) 446-1668 or contact us right away to secure your consultation.

FAQ: Lemon Law in California

What happens if I don’t agree with the manufacturer’s offer?

If you don’t agree with the manufacturer’s offer, you have the right to take legal action. You can work with an experienced lemon law attorney who can help you pursue the most favorable outcome.

Can I file a Lemon Law claim if my car is past the warranty period?

In California, you can file a claim if the defects appeared while the car was still under warranty, even if you are now past the warranty period. The defects must have occurred within the warranty and be severe enough to affect the vehicle’s use, value, or safety.

Is there a time limit for filing a Lemon Law claim in California?

Yes, California law typically allows up to four years from the date of the first repair attempt for the defect to file a Lemon Law claim. Be sure to take action promptly, as delays can affect your chances of success.

Does the manufacturer always have to provide a refund or replacement?

If a vehicle qualifies as a lemon, the manufacturer is typically required to offer a refund or replace the car. However, manufacturers may try to resolve the issue with a repair, and negotiation or legal action may be required if they do not comply with the law.

What are the costs involved in hiring a Lemon Law attorney?

In most lemon law cases, attorneys work on a contingency fee basis, meaning you do not pay unless you win the case. If your case is successful, the manufacturer is typically required to pay for the legal fees, so there’s little financial risk for you.

Why are old cars called lemons?

The term "lemon" is often used to describe cars with defects or issues that make them unreliable or unsafe. The origin of the term comes from early 20th-century slang, where "lemon" referred to something that appears promising but ultimately disappoints. Over time, it became associated with vehicles that fail to meet reasonable standards due to mechanical or safety defects.

Why Choose Our Lemon Law Attorneys in Orange County

Barnes Law Firm in Orange County is well known by auto manufacturers as a firm that is well versed and knowledgeable in the lemon law of California. If we are not able to resolve your case directly with the manufacturer, we bring our extensive knowledge of the California lemon law into the courtroom. 

California Lemon law may vary on what is considered a reasonable opportunity for repair depending on the nature of the problem with the vehicle in question. Generally speaking, if these three qualifications are met, chances are likely that you have a lemon on your hands.

If it still isn't clear whether or not you have a lemon, our Orange County lemon law lawyer is ready to assist you. Barnes Law Firm has a long history of success in lemon law cases and we have helped thousands of individuals receive compensation. When you retain our firm, you can rest assured your case will be given the attention that it deserves.

• Related: Lemon Law FAQ

For more information, contact our office to schedule a free initial consultation with our experienced California Lemon Law firm. Call tel:(949) 446-1668 now!