A brief description of the California Lemon Law

As a leader in consumer protection, California was one of the firsts states to enforce lemon laws. The California Lemon Law requires that a manufacturer who is unable to repair a vehicle to conform to the express warranty after a reasonable number of repair attempts, must replace or repurchase the vehicle. In many cases, the manufacturer will try to show that the criteria has not been met, and therefore, the buyer or lessee is not entitled to a replacement vehicle or refund.

It is presumed that a vehicle is a “lemon” if the following criteria are met within 18 months of delivery to the buyer or lessee or 18,000 miles on the vehicle’s odometer.

• The manufacturer or its dealer must have made two or more attempts to repair a problem that may result in a condition that is likely to cause death or serious bodily harm;
• The manufacturer or its dealer have made three or more attempts to repair the same problem; or
• The vehicle has been out of service for an accumulation of over 30 days while being repaired for any number of warranty problems; and
• The problems substantially reduce the vehicle’s use, value, or safety to the consumer and is not caused by abuse of the vehicle.

Tips for a strong lemon law case

• Tell the authorized dealer about your vehicle problem at the first sign of a problem, and make sure it is fully described on the repair order.
• Ensure authorized dealers provide you with a repair order each time you take your vehicle in for warranty or vehicle problems.
• Keep copies of all repair orders and assure that repair orders include your comments provided to the technician(s) or advisor(s).

Because the law can be complex and every situation unique, it is beneficial to retain the help of an experienced lemon law attorney who can advise you of your rights. The Law Offices of Delsack & Associates have protected California lemon law clients since 1987. Call us today at 888-EX-LEMON or 888-395-3666 for a free consultation, or complete the short form at the top of this page. We are happy to provide a free analysis to asses whether your situation qualifies. If you qualify, your attorney’s fees are paid by the manufacturer!