What Do You Understand by California Lemon Law

The California lemon law generally protects new vehicles with critical manufacturing defects. To be covered by the Song-Beverly Consumer Warranty Act, your vehicle should first fit the definition of “lemon.” Only vehicles that suffer severe mechanical issues fall under the category of “lemon” in California. As per the law, the damages should continue to persist despite significant attempts by the manufacturer or dealer to fix it. The Act came to force in 1970 and applies to a range of products and vehicles besides cars.

What is a “Lemon”?

A car or vehicle can become a lemon if any of the following criteria or conditions are satisfied within 18 months since the delivery date or within the time the car’s odometer records its first 18000 miles. 

• The car displayed signs that indicate persisting mechanical issues three or more times in the first 18 months
• The issues continue to affect the car even though the manufacturer or authorized mechanic attempted to fix it at least three times
• The owner of the car is not responsible for the issues, and the car has been inoperable for over 30 days
• The warranty period is still in effect
• The mechanical issue is severe enough to cause serious injuries or fatalities to the occupants of the car or outsiders

The California Lemon Law covers only vehicles that were purchased and registered in California. In short, your California car can be called a lemon if you had to approach repair specialists multiple times within the first 18 months or the first 18000 miles.      

Responsibility of the Manufacturer

The manufacturer or seller of the car is responsible for compensating you if they sold you a lemon as per the Act. Such a manufacturer or dealer should either replace your defective car with a new car or refund the entire value you paid to acquire the car. You file a lawsuit under the Song-Beverly Consumer Warranty Act if the manufacturer:

• Refuses to carry out the required repairs
• Refuses to replace the car or refund the money
• Delays the replacement process or refund process excessively

The law will not cover minor repairs or defects. If the manufacturer refunds the money and re-acquires the vehicle from the buyer, such a process is called a “lemon buyback.” The manufacturer may charge you a fee for any damage or deterioration in the quality of the vehicle that was caused by your usage of the vehicle. 

While buyers do have the option of imposing buybacks on the manufacturer, the buyers cannot force the replacement option. Replacements are only carried out based on mutual agreements between the grieving buyer and the willing manufacturer. 

Exclusions from the Law

While the law covers most vehicles purchased for commercial use and residential use, it excludes:

• Motorhomes that can be used for human inhabitation
• Vehicles that are primarily designed and built for off-roading purposes
• Used cars or previously owned cars

Hire an Experienced Lawyer

An experienced California attorney who is well versed in the provisions of the lemon law can help you claim your replacement or refund. You may seek the guidance of a reputed California lawyer to understand the provisions and applicability of the law in your case, even if the manufacturer is cooperative. The services of a lawyer are beneficial if the manufacturer refuses to compensate you and you need to file a lawsuit.