California Lemon Law
automobile manufacturer is responsible to take back the lemon
vehicle, not the dealer.
are responsible to keep your repair documents as proof of your
automobile manufacturer is responsible to pay attorneys fees and
are responsible to clearly state the symptom/complaint on the
warranty Repair Order.
automobile manufacturer has no legal requirement to follow the lemon
law if you choose to communicate with them directly, and not use an
attorney to represent you.
California lemon law has what is known as a “mileage offset”
(usage charge), which can often be negotiated more favorably for the
consumer than if a consumer attempts to do this themselves, as the
consumer cannot bring a lawsuit without representation by an
under our statute, is allowed a “reasonable” number of warranty
repair attempts to correct the defective condition/symptom.
Our California Lemon Law was designed to protect consumers' rights over
the purchase or lease of a new or used motor vehicle that does not
conform to the manufacturer’s warranty after a “reasonable”
number of repair attempts, or after an unreasonable number of days
in the dealers shop for repairs. The automobile, truck, van or SUV
can be new or used, financed or leased, or owned outright. So long
as the vehicle is covered by a manufacturer’s warranty, then the
California lemon law can apply. Many used cars are sold as
“certified pre-owned”. These cars and trucks are covered under
the California lemon law in two ways. First, the California lemon
law applies to any existing “new car warranty” that still may be
left on the vehicle. The “certified pre-owned” warranty, which
is given and administered by the auto manufacturer on select used
vehicles that pass a special inspection process, is also a
“warranty” and thus covered by the California lemon law. Many of
these certified pre-owned warranties stretch out as long as 100,000
miles, which makes these vehicles applicable under our California
lemon law until 100,000 miles!
Thousands of frustrated consumers trade-in their vehicles each year
to car dealerships due to repeated repair attempts, breakdowns, and
fear of “the next time” the vehicle fails or malfunctions.
Car dealerships often prey on these consumers by offering-up sales
lines like “we will get you out of your car”, which is nothing
more than the dealership selling another vehicle, and taking the
consumers in trade to make yet another sale. The unknowing
consumer often loses thousands of dollars in the dealership's
“goodwill” trade-in “offer”. In worse-case scenarios,
the consumer loses all equity in his/her trade in, or worse yet owes
more than his/her trade-in vehicle is appraised-for, with the
dealership carrying over the “negative equity” into the next
It is vitally important for consumers to realize that the car
dealership is not responsible for buying back or replacing a
consumer’s vehicle that turns out to be a “lemon”. The
dealership’s responsibility in their franchise agreement is simply
to repair vehicles’ to conform to the manufacturer’s warranty.
The manufacturer is the party that is ultimately responsible
for repurchasing or replacing a “lemon” vehicle. All too
often consumers waste valuable time and effort asking the dealer to
buy-back or replace their vehicle, much to their growing
So what do you do if you think your vehicle is a lemon?
California’s Lemon Law is consumer-friendly, which means you can
go directly to a Lemon Law Attorney for legal representation and
“get out” of your “lemon”. California’s Lemon Law
even has a “attorneys fees” provision! A Lemon Law claim settled
or “won” by an attorney for a consumer can accomplish 2 goals:
One, the vehicle is repurchased by the manufacturer and monies
invested refunded, less a “mileage offset” (or in some cases a
new replacement vehicle). Two, the vehicle’s title is
“branded” to identify it as a Lemon Law repurchase by the
So what kinds of paperwork do you need to bring
forth a California lemon law claim, and have a “case”? There are
the 4 basics:
or Lease Agreement
of who the car loan or lease is with.
repair order INVOICES for all warranty visits.
5. (if applies) CURRENT repair order if vehicle is currently in the dealers
California Lemon Law has been around a long time, and countless
thousands of consumers have taken advantage of it. With the
California Lemon Law, the expression “a little knowledge goes a
long way” is very appropriate. Read through the pages of
this website and take a closer look...
SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON