California Lemon Law Myths
If you’re a California resident and have recently purchased a vehicle, you may have heard about the California lemon law. This law protects consumers who unknowingly buy or lease defective cars, commonly known as “lemons.” However, there are a few misconceptions and myths surrounding the law that can leave consumers confused and misinformed.
Here are the facts you need to know.
How Does the Lemon Law Work in California?
Under the California lemon law, you may be entitled to a refund or replacement if your vehicle experiences a substantial defect within a specific timeframe and the manufacturer fails to repair it after a reasonable number of attempts.
California Lemon Law Myths & Facts
Myth 1: California’s Lemon Law Only Covers Mechanical Issues
Fact: While mechanical defects are the most common grounds for lemon law claims, the law also pertains to non-mechanical problems that substantially impair the use, value, or safety of the vehicle. These can include issues with the electrical system, safety features, or even cosmetic defects.
Myth 2: You Have to Go to Court to Resolve Lemon Law Disputes
Fact: Some cases end up in court, while others can be resolved by requesting a refund. If a lawyer intervenes and the manufacturer attempts to resolve the issue before going to court (known as pre-litigation), it typically takes 90 to 120 days to finalize.
However, sometimes, the company refuses to address the problem, and the customer has to sue them.
In other instances, the manufacturer proposes arbitration, where they pay an arbitrator to handle the case. An arbitrator is a neutral third party appointed to settle disputes outside the court system. In this situation, the company usually wins, or the customer gets another repair, which isn’t much help since they still have a warranty. It’s better to skip arbitration and hire a lemon law attorney.
Myth 3: The Lemon Law Has a Strict Time Limit for Filing a Claim
Fact: Another misconception about California’s lemon law is that there’s a strict time limit for filing a claim. While there are time limits, they’re pretty generous. According to California case law, you generally have up to four years from when you realize the manufacturer can’t fix your vehicle. The rule is, don’t sit on your rights or assume you have unlimited time. Hire a lemon lawyer.
Myth 4: Used Cars Can Always Be Covered Under Lemon Law
Fact: A 2024 California Supreme Court decision significantly narrowed protections for used vehicles. In most cases, used cars sold with only the remainder of a previous manufacturer’s warranty are no longer treated as “new motor vehicles” for lemon law buyback or replacement remedies.
The exception is if the used car was sold as a Certified Pre‑Owned (CPO) vehicle with a new manufacturer‑issued warranty issued at the time of sale. Otherwise, traditional lemon law remedies like refund or replacement generally aren’t available for standard used car purchases.
Myth 5: A Recall Automatically Qualifies a Vehicle as a Lemon
Fact: A recall means the manufacturer has identified a defect and is offering a free repair, but that alone does not mean the vehicle qualifies as a lemon. To pursue a lemon law claim, the defect must still substantially impair the vehicle’s use, value, or safety and persist after a reasonable number of repair attempts, whether those attempts are under recall or not.
In other words, a recall can be part of the history of a problem, but it does not by itself make the vehicle a lemon.
Do You Think You Have a Lemon?
If you believe you’ve purchased a 2021 or newer lemon car and want to pursue a lemon law claim, contact Norman Taylor & Associates today! We can guide you through the process, help you gather the necessary documentation, and fight for your rights.
Our experienced lemon law attorneys have been protecting consumers’ rights since 1987. Call 818-244-3905 to schedule a FREE consultation today!
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