Lemon Law Protection in California: An Essential Guide

Lemon Law Protection in California: An Essential Guide


Bought a new car that seemed to have more problems than it is worth? If so, you may be eligible for protection under California’s Lemon Law. This law safeguards you from the frustration of repeatedly dealing with defective vehicles. This law helps consumers who have purchased defective products. Mainly cars, that cannot be fixed after a reasonable number of repair attempts.

California’s consumer protection laws are some of the most aggressive and provide most protections for consumers.

What is Lemon Law?

Lemon Law protects consumers from defective products. The Lemon Law in California can apply to new vehicles and other consumer goods.

It aims to protect consumers, who have purchased defective products. Particularly new vehicles, and experience issues despite multiple repair attempts.

Qualifying for Lemon Law Protection in California:

To qualify for the Lemon Law, your product must meet certain criteria.

These criteria include:

  • Product must be new or certified with certain express warranties.
  • Product must be covered by a warranty.
  • Product should have a defect that makes it useless, unsafe and/or value-less.
  • Manufacturer must have been unable to fix the defect after reasonable repair attempts.


1. New or Certified Pre-Owned Product:

– The vehicle must be new or certified pre-owned. With the initial warranty still in effect.

– Used vehicles are generally not covered under the California Lemon Law, unless they’re certified or sold with certain express or implied warranties.

2. No. of Repair Attempts:

– The manufacturer must be provided a reasonable opportunity to correct/fix the defect. A licensed, experienced and reputable lemon law attorney can counsel you through this process.

3. Safety-Related Defects:

– If the defect could cause serious injury, the number of repair attempts reduces.

4. Out-of-Service Days:

– The law provides certain presumptions/benefits to the consumer when the vehicle has been out of service for repair for 30 days or more.

5. Warranty Period:

– The law provides other presumptions/benefits to the consumer if defects presented within the vehicle’s original warranty period and during the first 18,000 miles or 18 months of use.

What is Not Covered Under Lemon Law in California?

There are some exceptions and situations that do not qualify for coverage:

1. Some Used Vehicles:

– Used vehicles and those sold “as-is” are generally not qualified for Lemon Law protection.

-Exceptions: sold with express/implied warranties or the defect was deliberately concealed at the time of sale. (for example the vehicle was advertised by a dealer with No Accidents, but you later find out that the vehicle had significant body damage).

-Lemon Law for used cars: look for a buyer’s guide and if it does not indicate a dealer warranty or an “as is” clause, the vehicle is sold with an implied warranty of merchantability. California Civil Code (1791 – 1791.3: “implied warranty of merchantability” or “implied warranty that goods are merchantable” means that consumer goods meet the following criteria:

Pass without objection in the trade under the contract description ; Are fit for the ordinary purposes for which such goods are used. Are adequately maintained, packaged, and labeled. Conform to the promises or affirmations of fact made on the container or label.

Implied warranties are a gray area in California lemon law – as there is no written statement in the purchase order. Lemon law California for used cars states that implied warranties are good for no less than 60 days after purchase and no longer than one year. Moreover, implied warranties can be argued to cover only the essential components of a vehicle – engine, transmission, steering, electrical system, brakes, etc.

Be sure to keep a copy of the buyer’s guide after purchasing a used vehicle. If you can prove the dealer sold the vehicle with no indication of a warranty of “as is” agreement, you may be eligible for benefits under lemon law California for used cars.

2. Mileage, use or Age Limitations:

– If the vehicle was used solely for commercial purposes, subject to certain excessive/unreasonable uses or exceeded age limitations Lemon Law protection may not apply.
There are many exceptions here that a licensed, knowledgeable and experienced attorney can navigate through.

3. Non-Substantial Defects:

– Minor issues that do not impair the vehicle’s use, value or safety may not qualify under the California Lemon Law. An experienced, knowledgeable and reputable attorney can present the facts in such a manner to substantially increase your chances of success regardless of how trivial or minor the defect is claimed to be by the manufacturer.

Asserting Your Lemon Law Rights:

If you believe your situation meets the qualifying criteria, we strongly suggest you consult and retained a licensed and reputable attorney who has experience in the field of lemon law and civil litigation; however if you chose to go at it on your own, then the following steps are suggested:

1. Keep Detailed Records:

– Document all repair attempts, including dates, descriptions of the problem, and invoices.

– Keep copies of all communication with the manufacturer or dealer.

2. Notify the Manufacturer:

– Send a written notice to the manufacturer.

– Allow the manufacturer a final opportunity to fix the issues.

3. Consult an Attorney or pursue your legal remedies through the Courts or Arbitration:

– If the manufacturer refuses to acknowledge your claim, consider seeking legal assistance from a Lemon Law attorney.

In the absence of arbitration, you may need to file a lawsuit to enforce your Lemon Law rights.

Understanding Lemon Law protection in California is crucial if you find yourself grappling with a lemon vehicle. By knowing the qualifying criteria and the necessary steps to assert your rights, you can navigate the process more confidently and potentially find a resolution. Remember, always keep detailed records, stay proactive, and don’t hesitate to seek legal assistance if needed.

Keep in mind that your attorney’s fees are recoverable in the State of California. The Hashemi Law Firm provide free consultations and provides services on a contingency basis.

How to Maximize Your Chances of Winning a Lemon Law Case


A defective car can be a frustrating experience. But Lemon Law offers you protection and a path to resolution. To have the best possible result, you need to deliver a convincing argument.

Here are the tips to maximize your chances of winning a Lemon Law case.

Understanding Lemon Law and Your Rights

Before going into the tips, let’s briefly revisit what Lemon Law is:

It is a set of laws that defend buyers who have purchased defective products. Particularly new vehicles. It entitles consumers to a refund, replacement and/or monetary damages. When the product continues to have defects despite repair attempts.

Knowing your rights is the first step toward a successful case.

Tip 1: Document Everything

One of the most critical factors is having thorough documentation.

Keep track of all relevant information, including:

  • – Dates and details of repair attempt
  • – Invoices, receipts, and repair orders
  • – Communications with the manufacturer or dealer

  • Keep a detailed record of every time you take your car to the dealer for repairs. Including the date, time, VIN, symptoms, and repairs performed. Also keep copies of all repair orders, receipts, and correspondence with the dealer. Take photos or videos to document your experiences.

    A record will strengthen your case and show that you’ve made efforts to resolve the issues.

    Tip 2: Communicate in Writing

    When dealing with the manufacturer communicate in writing. The written correspondence provides proof of your efforts to resolve the problem. Send emails or letters through certified mail to ensure they are received. An experienced, licensed attorney with knowledge of lemon law litigation will be able to collect all of your records and effectively present your case.

    Tip 3: Know Your State’s Lemon Law

    Every state has its own law. And the qualifying criteria can vary. Do some study and research the law that fits your situation. To guarantee you meet all the requirements for a thriving case.

    Tip 4: Seek Professional Evaluation

    If your product continues to have issues, consider seeking an independent evaluation. From a qualified mechanic or expert. Their assessment can provide additional evidence of the defects. The Hashemi Law Firm routinely hires experts with experience in testifying about vehicle defects in courts.

    Tip 5: Consult with a Lemon Law Attorney

    You can pursue a Lemon Law case on your own, but a Lemon Law attorney can significantly improve your chances and take steps to preserve your rights and maximize available remedies, including collection of civil penalties or punitive damages. An experienced attorney understands the Lemon Laws and civil litigation. And can counsel you through the process. Increasing the chances in your favor.

    Tip 6: Keep a Record of Out-of-Service Days

    If your product requires repeated repairs, keep track of the total days it has been out of service. Many laws have a threshold for out-of-service days. That can impact your eligibility for relief.

    Tip 7: Be Patient and Persistent

    Lemon Law cases can take time to settle. Be patient in pursuing your claim. Stay in communication with your lawyer. To keep open lines of talk with the dealer.

    You can easily win a lemon law case with the right approach. When you document everything, and get the help of a Lemon Law attorney, you can strengthen your case. The more prepared you are the more chances you got to win. Plus a lawyer can improve your chances of a favorable resolution. The law exists to protect consumers like you. Ensuring you get the resolution you deserve for your lemon product.

    Keep in mind that your attorney’s fees are recoverable in the State of California. The Hashemi Law Firm provide free consultations and provides services on a contingency basis.

Lemon Law: Step-by-Step Guide to Filing a Claim

Lemon Law

If you’ve bought a new vehicle that has turned out to be defective “lemons! Don’t worry—there’s a solution for you. Lemon Law is a consumer protection that can help you get the resolution you deserve.

Used Vehicles sometimes qualify for lemon law protections if certain conditions are met, such as, the vehicle is certified, still under the original manufacturer’s warranty or sold with an express warranty.

Understanding Lemon Law

Lemon Law is a law to protect consumers who have purchased faulty or defective products. The law applies to new vehicles and under certain circumstances, used vehicles. Some states extend coverage to other goods as well. Filing a Lemon Law claim leads to various results. Such as a refund, replacement or repair of the defective product.

Presenting a claim is an important step. We recommend retaining the services of a reputable and experienced attorney. Starting a claim incorrectly can result in diminished or no results.

Step 1: Know Your State’s Lemon Law

Before proceeding, familiarize yourself with the specific Lemon Law in your state. Requirements and standards may vary. So make sure you are aware of the restrictions that govern your case.

Step 2: Gather Important Documents

To build a strong claim, collect all relevant documentation related to your purchase. And the issues you’ve encountered.

Essential documents include:

  • – Purchase contract, lease agreement or receipt
  • – Manufacturer’s warranty
  • – Repair records and invoices
  • – Communication with the manufacturer
  • – receipts of expenses incurred.

Step 3: Understand Qualifying Criteria

Determine if your situation meets the qualifying criteria for Lemon Law protection.

Common criteria include:

  • – The product must be under warranty.
  • – A substantial defect must persist despite multiple repair attempts.
  • – The defect should have been reported within the warranty period.

Step 4: Notify the Manufacturer

Get confident that your situation qualifies for Lemon Law protection. Then it’s time to notify the manufacturer about the persistent issues. Send a written notice detailing repair attempts. And request a resolution within a reasonable timeframe. This step is important and while not required, should be completed by an licensed, experienced and reputable lemon law practitioner so that all of your rights and remedies are preserved.

Step 5: Engage in Mediation (if applicable)

Some states require consumers to participate in mediation before filing a lawsuit. This step facilitates a resolution between the consumer and the manufacturer.

Step 6: Consult with a Lemon Law Attorney

If the manufacturer fails to address the problems, consider legal advice from an attorney. We recommend this as your first step. An experienced attorney, licensed to practice law in your state, can counsel you through the process and ensure your rights and remedies are protected. And define your interests, and increase your odds of a favorable outcome.

Step 7: File a Lawsuit (if necessary)

If mediation or your initial communication doesn’t show a satisfactory solution, you need to file a lawsuit or initiate arbitration to enforce your rights. Your attorney will help you in preparing and presenting the case and representing you in court and other legal proceedings.

Filing a Lemon Law suit may appear daunting. But with the right information and guidance, you can navigate the process effectively. These necessary steps will strengthen your case. If you think you’ve bought a lemon, don’t hesitate to stand up for your customer’s rights.

Keep in mind that your attorney’s fees are recoverable in the State of California. The Hashemi Law Firm provide free consultations and provides services on a contingency basis. There is no risk or cost to you!