California Lemon Law FAQ

What type of vehicles does the California Lemon Law apply to?

Are motor homes covered by the California Lemon Law?

Is it required to have four or more repair attempts before one can take advantage of the California Lemon Law?

Do all repair attempts have to be made within the first 18 months or 18,000 miles?

What happens if instead of a single recurring defect there are numerous different problems that the dealer keeps preparing?

What happens when a vehicle qualifies under the California Lemon Law?

Does the California Lemon Law cover vehicles that are outside the manufacturer’s warranty but are covered by an extended service contract?

What type of vehicles does the California Lemon Law apply to?

• The California Lemon Law covers new and used cars, pickup trucks, vans and SUVs purchased or leased in California that are covered under the manufacturer's warranty.

Are motor homes covered by the California Lemon Law?

• Yes. The California Lemon Law also covers motor homes.

Is it required to have four or more repair attempts before one can take advantage of the California Lemon Law?

• No. There is no set number of repair attempts. Vehicle manufacturers are obligated to repair defects and are allowed a "reasonable" opportunity to do so. What is a "reasonable" number of attempts depends on the nature of the defect. If a defect is serious enough a "reasonable" number may be fewer than four, but more than one.

Do all repair attempts have to be made within the first 18 months or 18,000 miles?

• No. A vehicle may qualify under the California Lemon Law even if the repairs are made well after 18 months or the 18,000 miles. However, if four or more repair attempts have been made or your vehicle has been in the shop for more than 30 days (not necessarily in a row) within the first 18 months or 18,000 miles your vehicle may be presumed a Lemon.

What happens if instead of a single recurring defect there are numerous different problems that the dealer keeps preparing?

• In such circumstances, the cumulative days out of service and in the repair shop may still qualify the vehicle as a Lemon under the California Lemon Law. This must be assessed on a case-by-case basis.

What happens when a vehicle qualifies under the California Lemon Law?

• Once a vehicle is determined to be a lemon the manufacturer must refund all monies paid by the consumer. This refund will include the down payment, all monthly payments, registration fees and any other incidental expenses incurred by the consumer as a result of the defects associated with the vehicle. The refund will also reflect a deduction for the reasonable use of the vehicle known as the "mileage offset." In addition, any outstanding loan balance will also be satisfied.

In the alternative the manufacturer may offer a replacement vehicle to the consumer.

Does the California Lemon Law cover vehicles that are outside the manufacturer’s warranty but are covered by an extended service contract?

• No. In a recent court decision Gavaldon v. DaimlerChrysler the California Supreme Court held that a "service contract" is not considered an express warranty. As a result California's Song-Beverly Warranty act does not apply to extended service contracts.