How Do You Know Your Vehicle May be a lemon?

Vehicle may be a lemon INFOGRAPHIC. Text Transcript next to the image.

What Qualifies as a Lemon Under the California Lemon Law?

Your Vehicle May Be a Lemon if it has a Substantial Defect

Under California lemon law, a vehicle is a lemon if it has a “substantial defect” — not caused by the vehicle owner — that affects its safety, use, or value and continues to have the same defect after a “reasonable number” of repair attempts.

When dealing with a substantial defect it is crucial to seek professional legal advice and understand your rights as a consumer. Acting promptly and documenting all communication and repair attempts can strengthen your case for a potential refund, replacement, or compensation under lemon laws.

Examples of Substantial Safety-related Defects

Transmission problems. Common transmission problems include: Burning smell, leaking transmission fluid, check engine light, refuses to go into gear, and grinding or shaking.
Steering components that break suddenly causing partial or complete loss of vehicle control.
Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
Accelerator controls that may break or stick.
Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
Wiring system problems that result in a fire or loss of lighting.

Who Decides What’s a Reasonable Number of Repair Attempts?

Determining what constitutes a reasonable number of repair attempts on a vehicle typically falls within the realm of consumer rights laws and regulations set forth by state authorities. The California Lemon Law helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle.

Do You Have to go Through Arbitration?

The California Lemon Law does not require the consumer to participate in arbitration that may be offered by the vehicle manufacturer in order to pursue a Lemon Law case.

Arbitrated decisions are binding on the manufacturer, once accepted by the consumer. If the consumer wins, the manufacturer has to accept and abide by the arbitrator’s decision, which is most likely going to be in favor of the manufacturer and/or dealership because they are paying the arbitrator’s fees. The majority of consumers lose at arbitration.

Is a Dealer Buyback in Your Best Interest?

If the dealership is offering to “buyback” your defective vehicle, they are actually offering to take your vehicle back — as a trade-in for another vehicle. If you owe more on your vehicle than it is worth, they will roll that negative equity into your new car loan.

A dealership buyback does not actually help you at all. While a dealership buyback may seem appealing on the surface, it is important to recognize that it might not actually benefit you as much as you initially think. Buybacks are often implemented by dealerships to address specific issues or concerns with a vehicle, but they may not always reflect the actual value of the car.

The California Lemon Law is the only way to get rid of your lemon AND recover most/all of your money.

If you think your vehicle is a lemon, give us a call for a free consultation.