Lemon Law for California

Manufacturers have for years been putting out false propaganda that a consumer does not have a lemon law claim unless he or she has four repair attempts for the same defect within the first 18,000 miles. This is simply incorrect. It is an effort by car manufacturers to discourage otherwise worthy consumers from pursuing claims for defective products.

The correct standard is whether the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. A reasonable opportunity usually involves more than one repair attempt; I have seen few cases succeed with only two repair attempts, and juries and judges generally expect at least three repair attempts. “Within the warranty period” means exactly what it says: if your car has a drive train warranty for 70,000 miles and the drive train is defective, then you have 70,000 miles to have the manufacturer make the necessary repairs effectively. If they don’t fix the drive train, and if you have given the manufacturer a reasonable number of repair attempts, then you have a lemon law claim.

Also, if the manufacturer cannot fix the problem within the warranty period, and you notify the manufacturer or its dealership representative in writing within 60 days after the last failure to repair the problem, then the warranty does not expire as to that defect. Thus, if the consumer above had notified the manufacturer of its failure to repair the vehicle within 60 days after the last unsuccessful repair attempt, then the warranty does not expire as to that drive train defect.

There is something called the “lemon law presumption“, and this is the only part of the lemon law where there is a requirement of 4 repair attempts within the first 18,000 miles. This is a legal presumption affecting the burden of proof in a lemon law lawsuit. Normally, the plaintiff bears the burden of proving that he or she has given the manufacturer a reasonable number of repair attempts to fix the vehicle. If, however, the consumer proves that he or she brought the vehicle in for repairs for the same defect four times within the first 18,000 miles, or if he or she proves that the vehicle was out of service 30 or more days within the first 18,000 miles, then the law shifts the burden of proof to the manufacturer to prove that it was not given a reasonable opportunity to fix the vehicle.

As a practical matter, plenty of lemon law cases go forward without the lemon law presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer has a lemon law case.

A growing practice in retailing used vehicle’s by franchised automobile dealers is the “Certified Used Vehicle” program. These programs involve the dealership reconditioning the vehicle to satisfy standards set by the manufacturer of the vehicle, pursuant to which the vehicle is then “certified” by the manufacturer, which also provides a written warranty to the retail purchaser. Under these programs, a “Certified Used Car” can only be sold by an authorized dealership of the vehicle’s manufacturer. With a manufacturer’s Certified Used Vehicle, the consumer can have repairs performed at any dealership authorized to service the manufacturer’s vehicles.

A Lemon Law claim can often be made against the vehicle’s manufacturer a “certified used vehicle” when a reasonable number of repair attempts have been made during the term of the “certified” warranty period.

The consumer should be aware that not all “certified” used cars are certified by the vehicle’s manufacturer. Many automobile dealerships offer their own “in house” used vehicle certification program, in which case the dealership will provide the written warranty on the certified used vehicle. In such a case, a Lemon Law claim can often be made against the selling dealership (as opposed to the vehicle’s manufacturer) when a reasonable number of repair attempts have been made during the term of the “certified” warranty period. With a dealership certified used vehicle, the consumer can typically have repairs performed only at the selling dealership.

As a general rule, a vehicle that suffers from a material defect(s) is a lemon if it remains unrepaired after a “reasonable” number of repair attempts (as little as two repair attempts in the case of safety defects). A material defect or “nonconformity” to the warranty is defined as a defect that “substantially impairs the use, value or safety” of the vehicle. Serious safety defects such as brake or steering failure or stalling easily meet this standard, and most mechanical or drive-ability problems will qualify under this standard. Many other problems, however, may also qualify as material defects, including problems related to cosmetics and comfort. An unacceptable number of “little problems” also affects the issue of whether the use, value or safety of your vehicle has been substantially impaired.

What constitutes a “reasonable” number of repair attempts is a question that can best be answered on a case-by-case basis. With over 20 years of experience, our firm can provide a quick, cost-free evaluation as to whether your vehicle qualifies for protection under the Lemon Law.

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No. The presumption is neither a requirement nor a prerequisite. There are many situations which do not exactly meet the “lemon law” presumption, but which may still entitle you to “lemon law” protection. So long as the defect affects safety, value, or use, and occurred within the warranty period, and cannot be repaired after a reasonable number of repair attempts, the vehicle is entitled to these legal protections. One of our attorneys will be glad to review your situation to see whether it is covered.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

They must repair the vehicle during the warranty period so that it conforms to the warranty. If they cannot fix the vehicle to conform to the warranty within a reasonable number of repair attempts during the warranty period, then the manufacturer must replace the vehicle or reimburse the buyer or lessee for its purchase price, whichever the consumer prefers.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]