California Lemon Law

If your vehicle has spent repeated trips in the shop for the same problem, you may have a lemon. California’s Song-Beverly Consumer Warranty Act is one of the strongest consumer protection laws in the nation, and in many cases the manufacturer — not you — pays the attorney’s fees. The Masjedian Law Firm helps California drivers force manufacturers to honor their warranties.

When a vehicle may qualify. A vehicle may qualify when a defect covered by the manufacturer’s warranty substantially impairs its use, value, or safety, and the manufacturer or dealer has had a reasonable number of attempts to fix it — or the vehicle has been out of service for an extended period for repairs. This can apply to new and many used vehicles still under warranty, including cars, trucks, SUVs, and often leased vehicles.

What you may recover. Depending on the facts, remedies under the Song-Beverly Act can include a refund (buyback) of what you paid, a replacement vehicle, or cash compensation, and the statute provides for a civil penalty of up to two times your damages when a manufacturer acts willfully. Critically, the law generally requires the manufacturer to pay the consumer’s reasonable attorney fees and costs in a successful case — which is why representation typically costs you nothing out of pocket.

Keep your paperwork. Your case is built on the repair record. Keep every repair order, work order, and invoice — even visits where “no problem was found” — along with your purchase or lease agreement and warranty booklet.

How many repair attempts make a car a lemon? There is no single magic number; it turns on whether the manufacturer had a reasonable number of attempts for the same substantial defect, or kept the vehicle out of service for an extended time.

Does it cover used or leased vehicles? It can, particularly when the vehicle is still covered by a manufacturer’s warranty. Leased vehicles are often covered as well.