With the high costs of buying, insuring, and maintaining a new car, consumers are always looking for ways to save money by buying vehicles out of state to avoid sales tax. However, if you end up with a defective car, your options for getting compensation might be limited.

So, does Lemon law apply to vehicles purchased in other states? The short answer is it varies — although most states don’t allow it. Find out what California, specifically, says about out-of-state purchases below. 

 

What Is California’s Lemon Law?

California’s Lemon law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease vehicles that turn out to be defective. The law states that if a car has recurring problems the manufacturer can’t repair after a reasonable number of attempts, they must replace or repurchase it. 

In California, a vehicle is considered a “lemon” if it meets the following criteria: 

• The car’s defect substantially impairs its use, value, or safety. 
• The defect was present during the warranty period and continues to exist after multiple repair attempts. 
• The car was purchased new from an authorized retailer. 

 

What Types of Vehicles Qualify?

A vehicle may qualify under lemon law if it has undergone a “reasonable number of repairs.” This is defined as four or more attempts to fix the same issue or two attempts to repair a defect that could cause serious injury or death. Additionally, if the vehicle has been out of service for more than 30 days for repairs covered by the warranty, it may also be eligible for lemon law protection.

It’s important to note that as of October 2024, used cars are no longer eligible for California Lemon law protections.

 

Does California Lemon Law Apply to Vehicles Purchased in Other States?

No, California’s Lemon law doesn’t apply to vehicles purchased out of state. That said, you might still have options if you think you have a lemon. If you bought a car in another state and are dealing with issues, check that state’s lemon laws to see what protections are available to you.

 

Are There Exceptions to California’s In-State Purchase Requirement?

Yes, there are a few exceptions to California’s in-state purchase requirements, including: 

Military Personnel 

Active-duty military service members may be covered by California Lemon law, but only if the defective vehicle is under warranty and the manufacturer sells cars in the state. You must also have been stationed in California when you bought the car or started the lawsuit. 

 

Transferred Vehicles

According to California commercial code, the title passes at the location where the seller completes the delivery of a car. So, if you buy a vehicle initially purchased or leased in California, and the manufacturer’s warranty is still in effect, the state’s lemon law might protect you. 

 

Out-Of-State Consumers

You don’t have to be a California resident to invoke the lemon law. Therefore, if you at least purchased or leased the vehicle in California, the law may cover you if the manufacturer is in-state.

These exceptions are subject to certain limitations, so it’s usually best to consult a lemon lawyer who can guide you. 

 

Do Vehicles Purchased Outside California Have Federal Lemon Law Protections?

If you buy a vehicle outside California, you’re still protected under federal lemon law through the Magnuson-Moss Warranty Act. This law applies to all consumer products with a written warranty, including vehicles. Similar to California’s Lemon law, it requires manufacturers to honor warranties and offer a solution if the product is defective.

If your car has a defect that affects its safety, value, or use, and the dealer or manufacturer can’t fix it after several attempts, they must offer you a refund or replacement.

Keep in mind that the Magnuson-Moss Warranty Act is federal, so it works a bit differently from state lemon laws like California’s Song-Beverly Act. If you think you’ve got a lemon, it’s a good idea to talk to an attorney who can help you understand your rights under both federal and state laws.

 

Which States Have Lemon Laws?

All 50 U.S. states have lemon laws, but each state’s law varies in terms of coverage, requirements, and eligibility. While California’s Lemon law is one of the most well-known and consumer-friendly, other states also offer protection for buyers of defective vehicles. 

 

Contact Our California Lemon Law Firm

The law is on your side if you’re a California resident driving a lemon purchased in-state. 

At Norman Taylor & Associates, we understand the lemon law can be a lot to process, especially if you’re trying to take matters into your own hands. That’s why you should call 818-244-3905 or contact us today for a FREE case evaluation!

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