A plain-English guide to California lemon law: what it is, how to qualify, and what is and is not covered.
Written by Babak Hashemi, Esq.A plain-English guide to California lemon law: what it is, how to qualify, and what is and is not covered.
California's lemon law protects consumers who buy or lease defective products, mainly vehicles, that cannot be repaired after a reasonable number of attempts. It can apply to new vehicles and certain other consumer goods still under warranty.
California's consumer protection laws are among the most aggressive in the country and provide some of the strongest protections available to buyers.
To qualify, the product generally must be new or certified pre-owned with the original warranty still in effect and covered by a warranty. It must have a defect that makes it unsafe, unusable, or substantially less valuable, and the manufacturer must have failed to fix that defect after reasonable repair attempts.
California also provides helpful presumptions: stronger protections apply when a vehicle is out of service for repairs for 30 days or more, or when defects appear within the original warranty period during the first 18 months or 18,000 miles of use.
Vehicles sold as-is and many used vehicles are generally not covered, with important exceptions. Coverage can still apply when a vehicle is sold with an express or implied warranty, or when a defect was deliberately concealed at the time of sale.
For example, if a dealer advertised a vehicle as having no accidents and you later discover significant prior body damage, that concealment may bring the sale within the law's protection.
Under California Civil Code sections 1791 to 1791.3, an implied warranty of merchantability means goods are fit for their ordinary purpose, are adequately maintained and labeled, and match how they were described.
If a used-car buyer's guide does not mark the sale as-is, an implied warranty generally applies, lasting no less than 60 days and up to one year. Implied warranties are a gray area worth reviewing with an attorney.
California's protections are powerful, but applying them takes experience. If you think you bought a lemon, gather your paperwork and contact the Hashemi Law Firm for a no fee case evaluation.
An express warranty is the written promise the manufacturer makes. An implied warranty is the baseline guarantee that goods are fit for their ordinary purpose, and it applies to most dealer sales that are not marked 'as is'.
Many claims rely on both, because a defect that escapes one may still fall within the other.
Lemon law claims in California are generally subject to a four-year statute of limitations, and the period can begin when the defect first became apparent rather than on the purchase date.
Because the start date is fact-specific, waiting to have a situation reviewed can quietly narrow the options available.
Learn more about our California lemon law practice, or read related articles on our blog.
The Hashemi Law Firm represents clients throughout California from two Orange County offices — Foothill Ranch and Costa Mesa — with service across the San Francisco Bay Area and the Inland Empire and San Diego. Call (949) 464-8529 or contact us for a no fee case evaluation.
Every situation is different. For advice about your specific matter, contact The Hashemi Law Firm for a no fee consultation.
It is the Song-Beverly Consumer Warranty Act, which requires manufacturers to repair defects covered by a warranty and, when they cannot after a reasonable number of attempts, to repurchase or replace the product.
It can, when the vehicle is still under the original factory warranty, was sold as certified pre-owned, or came with a dealer's written warranty. Sales marked 'as is' with no warranty generally are not covered.
The Song-Beverly Act applies broadly to consumer goods sold with a warranty in California, though vehicles are the most common subject of claims.
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