California Lemon Law FAQs

If you’ve ever wondered how to know if a car is a lemon, take a look at the following criteria mandated by California’s lemon law.

• The manufacturer has attempted to repair a warranty-covered defect at least twice, or
• The vehicle was in the shop for a cumulative total of at least 30 days (non-consecutively or consecutively), or
• The vehicle has multiple warranty-covered defects, of which were not caused by unauthorized or unreasonable use. 

With all of these conditions, the vehicle (new, leased, or CPO) defect usually must first occur within the applicable express warranty period to qualify as a lemon. With a few exceptions, it must also have been purchased or leased in California.

In California, the lemon law provides coverage for buyers or lessees (leased cars) who wind up with a faulty motor vehicle. The problem must generally be related to manufacturing or workmanship that substantially impairs the vehicle’s use, value, or safety. The California lemon law covers many defects, including but not limited to:

• Engine failure
• Faulty transmission
• Braking defects
• Broken seatbelts
• Accelerator malfunctions
• Safety equipment malfunctions
• Steering problems
• Faulty electrical systems
• Bad airbags
• Stalling
• Ignition failure
• Software issues
• Inoperable air conditioning system
• Malfunctioning fuel gauges or speedometers

The manufacturer (through its local authorized repair facility) must be given a reasonable number of attempts to fix the issue. In most cases, this means that after at least two unsuccessful repair attempts, the driver may file a lemon law claim to seek a refund or replacement vehicle.

If your new, leased, or manufacturer-certified pre-owned vehicle is deemed a lemon, you may be entitled to a full buyback (reimbursement) from the manufacturer. This typically includes:

• Your down payment
• Monthly payments already made
• The remaining loan or lease balance
• Registration fees, sales tax, and all other official charges

Additionally, you can recoup all incidental costs that stemmed from the lemon, including rental car expenses, towing fees, cab fares, hotel stays, etc. Just be sure to keep ALL receipts. Get in contact with our team – we’d be happy to provide an estimate for your full buyback amount.

You can also request a replacement of the defective car, which may be the same model or one of similar value. However, a vehicle replacement isn’t required by California lemon law like a buyback. If the manufacturer doesn’t agree to a replacement, they must instead opt for the refund, aka buyback.

Nothing. The lemon law in California requires the manufacturer to pay for all attorney fees and court costs if you prevail. Now, some lemon law lawyers will try to charge you additional contingency fees paid from your buyback, or demand payment upfront – this can be a red flag.

At Cline APC, we don’t believe in contingency fees from your buyback or out-of-pocket costs to handle your lemon law case. You didn’t choose to buy a defective vehicle; why should you have to suffer the consequences? 

With us, you won’t pay a dime for our consultation, evaluations, or hours of service. Our experienced lemon law attorneys only get paid if your case is successful and only after you have obtained your recovery.

We’re often asked, “Can a used car be considered a lemon?” The answer today is yes, but with important limitations.

In California, used vehicles generally qualify only if they are manufacturer-certified pre-owned (CPO) and sold by a same-brand dealer with a new manufacturer warranty issued at the time of sale. Standard used cars with just the remaining balance of the original vehicle warranty, or those sold with only a dealer/third-party warranty, typically do not qualify under California lemon law.

This is a common, unscrupulous tactic employed by manufacturers and dealerships. They will try to convince you that your vehicle is not a lemon, then try to sell you a new one. As a result, your loan will likely go up and cost you thousands in the long run.

Keep in mind – the manufacturer, dealership, or service technician is not a lawyer or a judge – nor are they on your side when it comes to getting justice in the eyes of California lemon law. They have no say in whether or not your vehicle is a lemon. Bring your evidence (such as receipts and repair invoices from the manufacturer-authorized repair shop) to our team at Cline APC. We’ll take a look to see if you have a lemon law case, despite what you’ve been told.

Always remember: an experienced lemon law attorney is the only person on your side throughout the lemon law process. 

While we are always happy to meet our clients in person, it’s not usually necessary. In most situations, we can handle your new or used car lemon law case with just a few phone calls or even emails. We’ll evaluate your situation over the phone, which means there’s no need for you to go out of your way to visit our office and waste hours of time.

Give us a call. Our California lemon law lawyers will explain the entire process and handle every facet of your case.

It depends. Every lemon law case is a little bit different, and there are a number of things that are simply out of our control. At Cline APC, we are devoted to two things above all else: consumer justice and speedy resolutions. Depending on all the details and circumstances involved with your case, we will aim to force a response from the manufacturer within 30 days – but we cannot guarantee it.

Typically, we settle our California lemon law cases before they ever enter a courtroom. Should the need arise, we’ll handle the trial as a well-trained, aggressive litigation team. The lemon law attorneys at Cline APC have an extensive amount of trial experience. We’ve earned a reputation for never backing down to the big auto giants in court, no matter what.

No. In fact, we often advise against arbitration. Manufacturers and dealers typically suggest this option because the process and “neutral third-party” do not favor consumers. If they try to convince you to do arbitration, don’t listen – talk to us first. We’ll show you how to start a lemon law claim with the best chances of receiving fair results for you, not the entity that sold you the car. Remember, the lemon law is a consumer protection law, not a manufacturer protection law.

Yes. Our team has gone up against all of the major manufacturers, including those who produce motorcycles, boats, and/or RVs. The California lemon law can apply to any kind of “vehicle” that meets the qualifications.

If your question isn’t answered in this list, feel free to give us a call. The founder of Cline APC, Mr. Brian K Cline, will be happy to speak with you about California lemon law and the process of filing a claim.

You may also use the free California lemon law case evaluation.