Why We Call Cars Lemon and How to Spot One

You’ve likely heard the term “lemon” used to describe certain cars or vehicles. Generally, a lemon refers to a vehicle that’s either not driveable or has significant defects. California has specific laws in place to address these situations, ensuring protection for consumers against problematic car purchases. This article will explain what qualifies a car as a lemon under California’s Lemon Law.

What is California's Lemon Law?

California’s Lemon Law applies to most new vehicles purchased or leased in the state that are still covered by the manufacturer’s new-vehicle warranty.

Active-duty members of the Armed Forces stationed or living in California at the time of purchase or lease are also protected, even if their vehicles were bought or registered outside of California.

The law also extends to certain used vehicles, provided they come with a manufacturer-backed new car warranty at the time of sale.

If a manufacturer cannot fix an issue with your vehicle after a "reasonable" number of repair attempts, the Lemon Law may require them to replace the vehicle or buy it back. To qualify under the law, the problem must:

- Be covered by the manufacturer’s new-vehicle warranty.
- Significantly affect the vehicle’s use, value, or safety.
- Not result from unauthorized or improper use of the vehicle after purchase.

What qualifies as a “reasonable” number of repair attempts depends on the specifics of the case. However, the law provides certain guidelines known as a rebuttable presumption. Your vehicle may be presumed a lemon if:

- The issue first occurred within 18 months of delivery or within the first 18,000 miles (whichever comes first).
- You followed warranty requirements or the owner’s manual by notifying the manufacturer of the issue.
- You took the vehicle to the manufacturer or its authorized agents for repair, and one of the following happened:
- - The same problem persisted after four or more repair attempts.
- - The vehicle was out of service for a total of more than 30 days for repair (the 30 days don’t have to occur consecutively).

You can learn more about how to file a Lemon Law claim in California and the specific steps to take if you believe your car qualifies as a lemon.

What Defines a Vehicle as a Lemon?

To determine if your vehicle qualifies as a lemon under California’s Lemon Law, it must meet specific criteria. Here are the main points:

Substantial defect: The vehicle must have a significant issue that affects its use, value, or safety. This typically refers to serious problems, such as those involving the brakes, engine, transmission, or electrical system, that impair the car’s functionality or pose a safety risk.

Under warranty: The defect must occur while the manufacturer’s warranty still covers the vehicle. If the warranty has expired, pursuing a Lemon Law claim may be challenging unless the defect was reported during the warranty period and the manufacturer failed to resolve it.

Reasonable repair attempts: The manufacturer or authorized dealer must have made a reasonable number of attempts to fix the defect, but the issue remains unresolved.

Not caused by misuse: The defect must not result from the owner’s misuse, neglect, or unauthorized modifications. Problems caused by reckless driving, improper maintenance, or negligence won’t qualify under California’s Lemon Law.

Conclusion

California’s Lemon Law safeguards buyers who acquire defective vehicles. If your car has a flaw that affects its functionality, value, or safety and remains unresolved after a reasonable number of repair attempts, it could be considered a lemon. Consulting an attorney who specializes in Lemon Law cases can help you navigate the process and protect your rights.