Lemon laws are laws that provide a remedy for purchasers of cars and other goods that repeatedly fail to meet standards of quality and performance. The majority of lemon laws refer to motor vehicles, such as cars, trucks, and motorcycles. Every state has their own variation of lemon laws.
In California, the lemon law is laid out under the California Code of Civil Procedure §1793.2. California’s Lemon Law protects Californian’s when their vehicle is defective and cannot be repaired after a “reasonable” number of attempts.
What does the Lemon Law apply to?
California’s Lemon Law applies to most new vehicles sold or leased in California that are still under a manufacturer’s new vehicle warranty. If a vehicle is used but still falls under the manufacturer’s new vehicle warranty, the Lemon Law still applies.
What is a “reasonable” number of attempts?
- The problem first occurred within 18 months of getting the vehicle or before the vehicle reached 18,000 miles
- The vehicle has had four or more failed repairs on the same issue that is still not fixed
- The vehicle has had two or more failed repairs on an issue that may cause death or serious injury, and it is still not fixed
- The vehicle has been out of service for repair for more than 30 days (not consecutive)
Why is it called a “lemon” law?
When a vehicle is deemed defective and cannot be repaired under a lemon law, the vehicle is then considered a “lemon.” Owners of lemon vehicles have the right to choose a refund instead of a replacement. Lemon vehicles are bought back by dealers and then can legally be resold. Lemon vehicles must be identified as a “lemon law buyback” and have a lemon stick on their door if they are being resold.
If a lemon vehicle is not properly disclosed, a buyer may have rights under the Lemon Law.
Are you covered under the Lemon Law?
If you believe you may be covered under California’s Lemon Law, please contact Hariri Law Group to discuss the details of your claim. Our attorneys are well versed in California’s Lemon Law and understand both sides of the law. Even if the Lemon Law does not directly apply to your case, other California and federal laws may.
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