FAQ

As a general rule, a vehicle that suffers from a material defect or defects is a lemon if it remains unrepaired after a “reasonable” number of repair attempts. A material defect or “nonconformity” to the warranty is defined as a defect that “substantially impairs the use, value or safety” of the vehicle.

What is the Lemon Law Statute of Limitations in California? Generally, California Lemon Law imposes a four-year deadline to file a lemon claim. The four-year limit typically starts from when the consumer experienced warrantable problems with his/her vehicle.

A “lemon” is a term for a car with a significant defect or malfunction that makes it unsafe to drive, although the exact definition can vary from state to state. Examples include non-working or faulty brakes, engines, transmission, or lights.

The Song-Beverly Consumer Warranty Act, also known as California’s Lemon Law states that if a seller of any consumer product sold with a warranty fails to repair that product within a reasonable number of repair attempts, the buyer is entitled to a refund of the purchase price.

CategoryAverage California Lemon Law Settlement AmountsLowApproximately: $4,900ModerateApproximately: $45,000HighApproximately: $135,000

The answer is yes if the car fits specific criteria. California’s lemon law for used cars protects a buyer who has purchased a used car, under warranty, that is defective or cannot be repaired after a reasonable number of attempts. You must have bought the vehicle from a dealer or retailer, not an individual.

California Civil Code (CCC) §1793.22 requires vehicle manufacturers to replace a new vehicle, or make restitution to the consumer if, after making a reasonable number of attempts to repair it, the vehicle does not conform to applicable warranties. This is commonly known as the “Lemon Law.”

According to Green’s Dictionary of Slang, using lemon to denote a fraudulent or worthless purchase dates back to 1909; its use in reference to cars specifically goes back to 1923, when one used car dealer profiled in The Oakland Tribune is said to have “congratulated himself upon having rid himself of a lemon finally.” …

The lemon law applies to all consumer products, including motor vehicles (cars, trucks, motor homes, motorcycles, boats, all-terrain vehicles) sold in this state with a warranty. A “consumer product” is defined as a product that is purchased or used primarily for personal, family or household purposes.

Yes. A motor vehicle can be purchased primarily for business and still qualify for protection under the lemon law, so long as the vehicle owner does not have more than 5 vehicles in its name in California.

Yes. The lemon law applies to leased products as well as products that are purchased.

The Lemon law covers repairs that are done under warranty. This is generally during the warranty period. Warranties may be extended under several circumstances, however, including by the manufacturer or seller themselves and the number of days a vehicle has been out of service by reason of repair. Many cases involve warranties that have expired.

This is question of fact that can best be answered on a case-by-case basis. The lemon law contains several guidelines, however, to aid consumers, manufacturers, retail sellers, judges and juries in answering this question.

If you choose to have your vehicle repurchased, you are entitled to a refund of all monies invested in the lemon: down payment, monthly finance payments and payoff of the finance contract. You are also entitled to recover expenses such as towing costs, rental car fees, and repair costs.