The California Lemon Law Statute

The California Lemon Law (officially known as the Song-Beverly Consumer Warranty act, found in California Civil Code sections 1790 et seq.) is a law designed to protect consumers who purchase or lease warranted motor vehicles. If it is determined that a motor vehicle is a “lemon,” the motor vehicle’s warrantor must repurchase or replace the motor vehicle from the buyer. A “new motor vehicle” is a vehicle that is 2021 or newer, sold or leased brand new, or sold used as a manufacturers “certified pre-owned” (CPO), with its FREE attendant CPO warranty. Straight used car purchases are no longer covered under the California Lemon Law, regardless of circumstances or repair history.

The Lemon Law commands that if a vehicle manufacturer or its authorized dealer(s) cannot properly repair a “material defect” in your vehicle while it is under warranty after “a reasonable number of attempts,” the manufacturer must either promptly replace your new vehicle or refund your money, at your choice. The Lemon Law applies to all vehicles (including trucks and recreational vehicles) purchased or leased in the State of California and under the manufacturer’s new vehicle warranty.

A “material defect” is defined under the Lemon Law as something which “substantially impairs the use, value, or safety of the vehicle.” Most mechanical or drive-ability problems will qualify under this standard. The more serious the defect, the fewer number of repair attempts will be necessary to qualify the vehicle as a “Lemon.”

What constitutes “a reasonable number of attempts” at repair is a question of fact that can only be answered on a case by case basis. However, as a guideline, the Lemon Law states that if within 18 months or 18,000 miles of use, whichever occurs first, either the same material defect has been subject to repair four or more times, or the vehicle has been in the shop by reason of repairs for material defects for a cumulative total of more than 30 calendar days, then the vehicle is “presumed” to be a lemon. In addition, for vehicles purchased or leased after January 1, 2001, if the vehicle is repaired two times for a defect is likely to result in serious bodily injury or death, the vehicle is “presumed” to be a lemon.

Keep in mind, this is only a guideline; any vehicle which is not properly repaired while still under warranty after a “reasonable number of attempts” may qualify as a lemon, regardless of length of ownership or mileage. Therefore, with today’s “limited bumper-to-bumper) warranty, as well as longer “Powertrain warranty”, , it is possible that a vehicle will qualify under the Lemon Law even though it may be 4 or 5 years old and have been driven 60,000 miles or more! EV’s and hybrids have even longer warranties on components and batteries related to those systems.

If your 2021 or newer vehicle has had repeated problems under factory warranty, and you purchased or leased it brand new, or manufacturer’s Certified Pre-Owned (CPO, give me a call, Randy Sottile, the 26 year lemon law auto expert at 858-342-0073 for information and assistance with your vehicle.

(Your vehicle is a 2021 to 2027 only, purchased or leased NEW from a dealership in California, or manufactures Certified Pre-Owned only.)