Does California’s lemon law cover you?

On Behalf of | Sep 13, 2022 | Lemon Law |

Buying a new car is a major investment. If your car develops a problem while it is still under warranty, you want to be sure that the seller will fix the issue and that you do not bear the expense.

When a seller does not fulfill their responsibilities, you may need to look at your rights under California’s Lemon Law.

The first thing you should do is contact the seller

The law says you need to give them at least two chances to repair the fault if it could potentially kill or cause serious injury. If it is something less dangerous, you must give them four opportunities. Alternatively, if they have had your car for more than 30 days (not necessarily consecutively), the law considers you have given them a sufficient opportunity.

Remember this applies to any one particular fault. One attempt to repair the brakes and three attempts to repair a leaking roof does not qualify as four attempts.

What if they still have not sorted the problem?

If the seller cannot resolves your issue, they have two options:

  • Replace the vehicle
  • Refund the money you paid

Any car loses value once you take it out of the showroom, so the seller is entitled to deduct an appropriate amount for wear and tear. The more miles you have driven, the more they can deduct.

Is there a time limit?

You must bring your lemon law claim before you drive 18,000 miles or before you have owned the car for 18 months, whichever happens first. If you pass those milestones, you may need to look at other options.