In California, Lemon Law is a consumer protection rule meant to help people who end up with vehicles that just do not work the way they should. Whether you bought or leased a vehicle with ongoing problems that do not go away even after multiple repairs, Lemon Law exists to protect California drivers from being stuck with vehicles that are unreliable or unsafe.
In essence, a consumer may be entitled to a replacement vehicle or a refund if:
- A vehicle has serious defects
- And the manufacturer cannot fix them after a reasonable number of attempts
The goal is fairness because you should not be stuck paying for a car that does not work as promised. That is exactly why Cha Cha Cha Law is here, to help you understand your rights and fight for the outcome you deserve.
What types of vehicles can be covered?
Many drivers in California are often surprised by how broad the Lemon Law coverage can be. Under the Song-Beverly Act, coverage often applies to:
- New cars, trucks and SUVs
- Used vehicles that are still under factory warranty
- Demo vehicles sold as new
- Some cars used for business or work purposes
- Leased vehicles
As long as the problem started while the vehicle was still under warranty, then it may be worth paying attention to.
A quick note on business vehicles: Vehicles used mostly for business purposes may still qualify if they weigh under 10,000 pounds and the business has five or fewer vehicles registered in California. If you are not sure whether your vehicle qualifies, it is worth asking.
What kind of car problems are we talking about?
While not every small issue qualifies, Lemon Law focuses on recurring problems that seriously affect how the car works, how safe it is, and how reliable it is.
There is not one specific number that fits every situation, but under California’s Tanner Consumer Protection Act (a provision within the Song-Beverly Consumer Warranty Act), there are some general guidelines that signal your vehicle may qualify:
- Two or more repair attempts for a defect that could cause serious injury or death (like brake or steering failure)
- Four or more repair attempts for the same defect that substantially affects the use, value, or safety of the vehicle
- The vehicle has been out of service for 30 or more total days (not necessarily in a row) due to repairs
What compensation may be available?
If a claim is successful, the Lemon Law in California may allow for the following:
- A full (or partial in some cases) refund on the vehicle
- A replacement vehicle
- Reimbursement for some related expenses, such as registration fees, taxes, and finance charges
In many cases, manufacturers may pay for your attorney’s fees too, which means you as the consumer would not be obligated to pay legal fees out of pocket. This comes from Civil Code §1794, which says that if you win your case, the manufacturer must pay your reasonable attorney’s fees and costs.
What gets subtracted from your refund
California law lets manufacturers subtract a usage fee, which is a small amount based on how many miles you drove before the first repair attempt for the defect. This is calculated using a formula set by state law, so it is not something the manufacturer gets to decide on their own.
Contact Cha Cha Cha Law Today
A car that does not work properly is not just frustrating but dangerous as well. If your car keeps having the same issues and no one seems able to fix them, Lemon Law exists to protect you from ongoing vehicle problems that should not be happening in the first place.
At Cha Cha Cha Law, we are here to stand with you, fight for you, and help you move forward. We work on contingency, so there is no cost to you upfront. Give us a call at (213) 351–3513 or send us a message now.
Frequently Asked Questions About Lemon Law in California
1. How many repair attempts are required under California Lemon Law?
There is no fixed number that applies to every case. However, under the Tanner Consumer Protection Act, courts often look at whether there were two or more attempts to fix a safety defect, or four or more attempts for other serious issues. A vehicle being out of service for 30 or more total days is also a common factor. Most claims fall somewhere in that range.
2. Does California Lemon Law cover used cars?
Yes, in many cases. Used vehicles may qualify under Lemon Law if they are still covered by the manufacturer’s original factory warranty when the defect first appeared. A used car sold with only a dealer warranty may have different rules, so it’s worth taking the time to call a Lemon Law attorney if you’re not sure.
3. What if the dealership says they can’t replicate the problem during an inspection?
You may still have a claim. Intermittent problems, especially those affecting your safety, can still qualify even if the issue is hard to reproduce during an inspection. An attorney that deals with Lemon Law cases regularly knows how to pursue a claim regardless of what a dealership claims.
4. Does Lemon Law apply to leased vehicles in California?
Yes. Leased vehicles are generally covered under the Song-Beverly Consumer Warranty Act, as long as the defect occurred during the warranty period.
5. How long do I have to file a Lemon Law claim in California?
Claims typically must be filed within four years from when you first knew, or should have known, that your vehicle was defective. This time limit is called the statute of limitations. Acting sooner is usually better, both for your case and to preserve records and evidence.
6. Do I have to pay attorney’s fees upfront?
In many successful California Lemon Law cases, the manufacturer is required to pay the consumer’s reasonable attorney’s fees under Civil Code §1794. That means you often do not have to pay legal fees out of pocket. At Cha Cha Cha Law, we work on a contingency basis. This means you don’t pay any fees unless we win.
