Common Myths About California Lemon Laws

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Posted By | February 16, 2024 | Firm News

No one should have to live with an unsafe, inconvenient vehicle that spends more time in the repair shop than transporting the owner and their family where they need to go. Fortunately, California has a legal remedy in place for consumers who have purchased a car in good faith only to find out they bought a lemon. The California Lemon Law compels powerful vehicle manufacturers to make things right when they produced an unreliable, unsafe car, truck, or SUV. Unfortunately, many California consumers fail to take advantage of the state’s Lemon Law due to the persistent prevalence of common myths. California’s Lemon Law Lawyers would like to debunk these misleading myths about the state’s Lemon Laws so more defective vehicle owners can hold manufacturers accountable.

I Can’t Get a Lemon Law Refund Until the Manufacturer Stops Trying to Repair the Problem

This is an all-too-common myth that many owners of lemons believe—usually because the manufacturers deny and delay Lemon law requests by asserting that they have the right to demand further repair attempts. Fortunately, this is not true. The consumer protection law was put into place to protect vehicle owners from suffering through endless fruitless repair attempts. A vehicle only requires four or more failed repair attempts on a defect or malfunction or two or more failed repair attempts for a defect that makes the vehicle unsafe to drive. Also, if the vehicle has spent 30 or more (non-consecutive) days in the repair shop, it may qualify as a Lemon.

As long as the vehicle repair attempts were covered under the factory warranty and has undergone repeated failed repair attempts, it may qualify for a buyback, refund, or replacement.

My Car Doesn’t Qualify for A Lemon Law Refund Because I Bought It Used

Consumer protection laws in California also apply to purchasers of used vehicles if the vehicle was sold with a written warranty issued at the time of sale. If your used vehicle repair attempts were covered under its original factory warranty and has undergone repeated failed repair attempts, it may qualify for a buyback, refund of your purchase price, or a replacement vehicle of similar value.

I Can’t Get Help From the Lemon Law Because My Car is Leased

This is another persistent myth! Lessees do not have to be stuck with a Lemon. If the vehicle still has a persistent problem or safety defect after repeated repair attempts, the California Lemon Law compels the vehicle manufacturer to refund the amount you’ve paid toward your lease, or replace the vehicle with another one of similar value and type, or provide cash compensation.

It’s Too Late to File a Lemon Law Claim Because My Warranty Has Expired

No! It doesn’t matter if your car’s warranty has expired. If your vehicle experienced a substantial problem that was covered under the manufacturer’s original warranty and the dealership was provided a reasonable opportunity to fix the problem within the warranty period, you may still file a claim if you are within the four-year statute of limitations.

Lemon Law Claims Aren’t Worth It Because of the Cost of Lawyers

The state’s Lemon Law requires the manufacturer to pay the attorney’s fees and costs. The California Lemon Law attorneys at Young & Young APC provide Lemon Law legal services at no cost to you.