What Is the California Lemon Law Presumption?

The term “lemon” has long been associated with the sour deal that occurs when a manufacturer produces a faulty product. In recent decades, this term most commonly describes a defective vehicle that causes frustration for the purchaser. Fortunately, California has robust consumer protections in place, including the California Lemon Law. This law holds auto manufacturers accountable for producing defective cars and compels them to live up to the terms of their warranty. But how does a car owner know if their vehicle qualifies for a lemon law claim in California? The state’s Lemon Law Presumption offers car owners in California guidelines to determine if their car is a lemon under the law. Make sure to contact a California lemon lawyer today.

What Is the Lemon Law Presumption In California?

Legal presumption refers to the rule of law that dictates a court’s presumption of a fact unless proven otherwise. The California Lemon Law Presumption provides guidance clarifying the initial wording of the state’s lemon law, which describes a lemon as a vehicle that has undergone a “reasonable number” of failed repair attempts.

Under the California Lemon Law Presumption, a lemon is a vehicle as described below:

• The vehicle’s defect was covered under its original factory warranty
• The repair problem was presented for repair during the first 18,000 miles driven or within 18 months after purchase or lease
• The car has been in the repair shop four or more times for a defect that is not a safety concern
• The car has had two or more failed repair attempts for a defect that is a safety issue
• The car has spent 30 or more (non-consecutive) days at the dealership for repairs

Under the Lemon Law Presumption in California, a vehicle is presumed to be a lemon because the defect reduces the car’s usefulness, value, or safety. Although a vehicle is presumed to be a “Lemon” if it meets the criteria above, many vehicles still qualify for a lemon law repurchase when the warranty repair attempts occur after the first 18-months or 18,000 miles of use.

If My Car Doesn’t Meet the Lemon Law Presumption, Does It Mean I Don’t Have a Case?

The lemon law presumption described above not only serves as a guideline to help car owners determine if they have a strong case; it also means the court presumes the car is a lemon. This legal presumption shifts the burden of proof to the manufacturer, who must then rebut it to prove otherwise.

Even if your vehicle does not meet all of the terms described above, you may still have a viable lemon law claim in California. Instead, it means you have the burden of proving that the car is a lemon. An experienced lemon law attorney is skilled in proving that a defective vehicle is a lemon even if it doesn’t fit the California Lemon Law presumption.

How Can a California Lemon Law Lawyer Help?

Instead of taking on a lemon claim without legal guidance, contact the California Lemon Law lawyers at Young & Young APC for a free evaluation of your case and let an experienced attorney navigate your claim at no cost to you. The manufacturer pays your legal fees, so you have nothing to lose and a lemon law buyback refund to gain.