The California lemon law is a topic people don’t really care or know much about until they start experiencing problems with their vehicles.

The lemon law, in a nutshell, was made to protect consumers in the United States from purchasing defective automobiles. The lemon law is only applicable to faulty vehicles (old or new) that are still under warranty.

You may be familiar with the term “lemon” to refer to a car that has comes with many issues. This usually happens when you buy a new car or automobile that was badly manufactured. The term lemon also applies to used vehicles as well.

If you recently purchased a car that isn’t working properly, or the way you want it to, then you may qualify under the California lemon law.

This article will try to provide in-depth coverage on lemon laws and how you may benefit from it.

The lemon law, also known as the Magnusson-Moss Warranty Act, was first introduced and implemented in the United States in 1975. This law aimed to protect consumers against auto fraud and make sure manufacturers are held accountable for the warranties their products come with. The lemon law also works to reduce the chances of consumers being cheated off their warranties when they make a purchase. But before we go explore more of that, we must first answer this question: what makes a vehicle a lemon?

For example, you just purchased a new vehicle. After a few days, weeks or months of using it, you start noticing weird sounds coming from under its hood. If the vehicle is still under warranty, you can take it back to the manufacturer or dealership and get it checked and repaired all free of charge, since this is guaranteed under warranty.

The lemon law follows a similar set of standards across the board such as:

• The defect of the vehicle impedes its functionality, value, and safety of the user
• The vehicle’s defect can be repaired by the manufacturer—via an authorized repair facility—after a reasonable number of attempts to repair it.
• The vehicle has been out of commission for repairs for over a specific number of days
• The attempts to repair the vehicle’s defects happen before a certain number of months after it was sold, or before a certain number of miles accumulated on the odometer, whichever happens first. These numbers are highly dependent on state laws.

The qualifications enumerated above also apply to the lemon law presumption.

With the assistance of an attorney that specializes in California lemon law, you will be able to potentially receive compensation for your defective vehicle. it doesn’t matter if the vehicle remains under warranty, so long as the problem occurred or surfaced during the warranty period.

If your vehicle satisfies the requirements of the lemon law in California, then it may qualify as a lemon. In this case, you have to file a claim and undergo the lemon law process to prove that your vehicle is really defective or a lemon.

When you’re able to prove that your vehicle is defective or a lemon, you immediately qualify for compensation. These can come in the form of a lemon law buyback or the manufacturer or dealer will be asked to replace the vehicle. In addition, the manufacturer will also be asked to pay monetary compensation for all legal and incidental costs incurred from the defective vehicle.

Lemon law is imposed across the United States, but the law varies slightly depending on each state. The California Lemon Law has many unique requirements.

California’s Lemon Law

California’s lemon law, or also known as the Song-Beverly Consumer Warranty Act—has some noteworthy qualifications. The state of California has included a lemon law presumption, which means the vehicle may be assumed a lemon only if:

• The said vehicle has one or more defects which are covered under warranty. These defects must be those that impair the vehicle’s safety, value, and use
• The manufacturer has performed four or more attempts at repairing a defect covered under the warranty
• The vehicle has been out of commission for 30 days or more on any kind of defect covered under the warranty
• The defect was not due to abuse or driver error

How Long Do You File a Claim?

Most of what you read online say that the defects and repair attempts must happen within the first 18 months after the vehicle was sold or before the odometer hits 18,000 miles.

Technically speaking, this isn’t true. But if a defect happens within these limits, the case for the lemon law becomes stronger because these are not numbers related to lemon law presumption. It should be noted that it’s not necessary to meet the exact requirements of the lemon law presumption to qualify.

When it comes to filing a lemon law claim, California has a four-year statute of limitations.

In California, the lemon law is applicable to many different types of vehicles such as the following:

• Trucks
• SUVs
• Cars
• Vans
• Motorcycles
• Motor homes
• Commercial trucks
• Boats
• Scooters 
• Recreational vehicles

Can You Use Lemon Law Against Used Cars?

Some people think that the California lemon law doesn’t apply to used cars. But this isn’t true at all! Getting compensation for defective cars is one of the most unique aspects of California’s lemon law—albeit with a few restrictions.

California’s lemon law applies to used cars. Under this law, a pre-owned vehicle can  still be considered a lemon as long as it was sold with a warranty from the dealership, manufacturer or distributor.

You do not have to have the original warranty from the manufacturer; getting a warranty from th dealership is enough. Dealership warranties are usually only good for at least three months. But buy-here-pay-here dealerships are also required to provide warranties for a minimum amount of time regardless.

The very first element to any claim against a defective used vehicle or a lemon is that it was sold by a retail seller, or a dealership. For this reason, it’s always important that you go to a reputable mechanic and have the vehicle checked before making any purchase.