What is the Lemon Law for Used Cars in California? (2024)

FAQs

What qualifies as a lemon car in California? ›

number of repair attempts have been made: The manufacturer or dealer hasn't fixed the same problem after four or more attempts. Your vehicle's problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.

If you buy or lease a car that has a serious flaw or defect in violation of the manufacturer's warranty or certified used seller's warranty, California's Lemon Law protects you. Defects that can trigger Lemon Law protections include anything that substantially affects the use, value, or safety of the vehicle.

The statute of limitations to file a Lemon Law claim in California is four years. The California Lemon Law time limit starts when the consumer first experiences warrantable problems with their vehicle. If four years go by, and the Lemon Law claim has not been made, you will be barred from pursuing a claim.

Lemon settlement in California can range from $5,000 to $100,000 and depend on a few factors, while the average tends to be between $40,000 to $50,000. If you want to increase the average lemon law settlement you could receive, it's time to get a California Lemon Law Attorney on your team.

Generally, if the manufacturer is unable to fix the car after at least four repair attempts to the same defect, or at least two repair attempts for a serious safety defect, or if the vehicle has been out of service for more than 30 calendar days for repairs, it may be considered a lemon.

So, if you paid $15,000 for the car and drove 12,000 miles before you brought in the car, the formula would be: 15,000 * 12,000 / 120,000 = $1,500. If you are pursuing a Lemon Law claim, always double-check the mileage figure used by the dealer.

Option to Cancel

If you purchase the option, you have the right to cancel the sale within two days for any reason. If you decide to return the used car, you must return it to the dealer within two business days by closing time (unless the contract gives you more time).

California Air Resources Board

The VAVR program, also known as a car scrappage or old vehicle buy back program, provides monetary or other incentives to vehicle owners to voluntarily retire their older, more polluting vehicle.

If the dealer fails to comply with the Car Buyer's Bill of Rights, you may complete and mail a Record of Complaint Form (INV 172A) to the Department of Motor Vehicles at one of the addresses listed on the form. The form is available: At www.dmv.ca.gov. By calling 1-800-777-0133.

The length of the lemon law process in California varies but typically takes between three to six months to resolve if it's straightforward. However, complex cases, on the other hand, might take more than several months.

Is lemon still good law? ›

Kurtzman" and said that "the Court's decisions over the span of several decades demonstrate that the Lemon test is not good law and does not apply to Establishment Clause cases." Although the Court did not overrule Lemon v. Kurtzman in American Legion v.

Qualifying under the Lemon Law

From 2013 onward, laws and regulations passed in California had modified to require that even non-bank buy here, pay here dealers give car owners at least a 30-day or 1,000-mile warranty for the essential parts of the vehicle.

The Lemon Law Presumption applies if all the following are true: The problems your car is having are covered under the manufacturer's warranty. The problem first occurred within 18 months of delivery, or within 18,000 miles, whichever came first. (For major defects after this time frame, talk to an attorney.)

Do you need a lawyer for a lemon law in California? No, you legally are not required to have a lawyer represent you in a lemon law case, however, it is highly recommended.

Under the California lemon law, a car dealership can hold your car for a maximum of 30 cumulative repair durations and a number of set repair attempts. Beyond this timeframe, you are eligible for a lemon claim, provided that your car fits the warranty requirements.

Lemon laws are statutes adopted in some states to make it easier for a buyer of a new, or in some jurisdictions new or used, vehicle to sue for damages or replacement if the dealer or manufacturer cannot make it run properly after a reasonable number of attempts to fix the car. For example, California's lemon law, Cal.

The word “lemon” has been used for more than 100 years to describe a defective product or an item that has a lower value than meets the eye. Most likely, the word was used because of its connotation to something that's sour and decidedly distasteful.

The California lemon law explicitly excludes automobiles that were not purchased at retail in California from coverage. That typically means that consumers who purchased out-of-state automobiles will not qualify for coverage under the California lemon law.