If your car has been spending more time in the shop than in your driveway, you might be thinking about whether this vehicle is a lemon.

Many California drivers reach the point where they’ve had one too many repair visits. In some situations, they might even start searching for “lemon law eligibility near me.” 

Fortunately, the Golden State has one of the strongest consumer protection laws in the country. But you still need to figure out whether your situation qualifies. And sometimes, that is not always as easy as it sounds. Here is a look at how California determines if your car is a lemon.

What California’s Lemon Law Is Designed to Do

California’s Lemon Law protects consumers who buy or lease vehicles that turn out to be defective. The law specifies that if a manufacturer can’t fix a serious defect after a reasonable number of attempts, they may be required to replace the vehicle or refund your money.

This might sound like an easy fix, but the key point is “reasonable number of attempts.” Sometimes, that’s where things can get a little gray.

The Car Must Have a Warranty

First, your vehicle must be covered by a manufacturer’s warranty. This includes new cars, but it can also apply to:

• Certified pre-owned vehicles
• Demo vehicles
• Some leased vehicles

If the problem started while the car was still under warranty, that’s a good starting point for a lemon law claim.

What Is Considered a Defect?

Not every annoying issue falls into this category. The problem must substantially impair the vehicle’s use, value, or safety. Some of these defects can include:

• Engine or transmission problems
• Brake failures
• Electrical system issues
• Steering or suspension defects

On the other hand, cosmetic issues or small quirks do not usually rise to the level of a lemon law claim.

How Many Repair Attempts Is Enough?

California does not set a strict number that applies in every situation, but there are repair attempt guidelines. Your car may qualify as a lemon if:

• The manufacturer has made two or more attempts to fix a serious safety issue, and it’s still not fixed.
• There have been four or more attempts to repair the same problem
• The car has been in the shop for 30 or more total days (not always consecutive) for repairs

If the same issue keeps coming back and disrupting your life, then lemon law protections start to come into play.

Timing and Documentation Matter More Than You Think

Another important piece of the puzzle is timing. The defect and repair attempts need to occur within a certain window. This is usually during the warranty period or within a set timeframe after delivery (within the first 18 months or 18,000 miles).

Most importantly, there’s one thing that can really strengthen a lemon law claim, and that is documentation. Every time you take your car in for repairs, make sure you’re getting:

• Repair orders
• Service invoices
• Notes describing the issue

With these records, you can show a timeline of what’s been happening. Without them, it can turn into a “he said, she said” situation. And that makes things harder to prove.

If you’re already in the middle of repeated repairs, keep all of the documentation moving forward.

What Happens If Your Car Qualifies?

If your vehicle is considered to be a lemon under California law, the manufacturer may be required to offer one of two resolutions:

• A buyback (refund): This includes the purchase price, taxes, registration fees, and sometimes additional costs. However, there will be a deduction for the mileage you used before the issue started.
• A replacement vehicle: In some cases, you may be offered a comparable new vehicle instead of a refund.

In these situation, the resolution works to put you back in the position you would have been in if you had not purchased a defective car in the first place.

Get the Right Legal Help for Your Lemon Law 

If you’re searching for “lemon law eligibility near me,” chances are you are already dealing with a frustrating situation. Yes, your vehicle has issues, but do those problems rise to the level that California law considers a lemon?

If your vehicle has a major defect, has been repaired multiple times without success, and is still under warranty, you may qualify for protection under California’s lemon law. 

At BLVD Law, we can help you determine your next options for your vehicle. Reach out today and schedule a consultation.