What is the lemon law? Lemon laws regulate warrantors and protect consumers. Warrantors are manufacturers of consumer products that sell their products under warranty. Consumer products are products typically used for personal, family, or household purposes. So, something that could only be used for commercial purposes, like a semi tractor-trailer or an industrial size freezer, would not be protected under the lemon laws. But, if you buy a consumer product - such as a car, home appliance or electronics (television, computer, etc.) - that comes with a warranty, the lemon laws determine your legal rights and remedies in the event of a breach of the warranty by the manufacturer.
What is a breach of the warranty? When a manufacturer does not perform its obligations under a warranty, such as by refusing to repair or failing to repair the product within a reasonable time,
then the manufacturer has breached its warranty.
Some warranties are promises that the product will be of a particular standard or quality
(examples: “perfect”, “flawless“, ” trouble-free,”). Some warranties are promises to repair if the product malfunctions due to a defect that was caused by the manufacturing process
(i.e., due to defective parts or workmanship).
In California, the lemon laws are found in Title 1.7 of the Civil Code, entitled “Consumer Warranties.” Californians enjoy one of the most comprehensive and protective lemon laws in the country. The lemon laws can be divided into various classifications but the simplest classification would be (1)
new vehicles and (2) all other consumer products (e.g., appliances, electronics, etc.)
In California, if a warrantor (e.g., manufacturer) does not service or repair its consumer product within a reasonable number of attempts, the warrantor is required to either (1) replace the product
or (2) refund the price paid to the consumer.
If the consumer product is a new motor vehicle, the California lemon laws impose evidentiary presumptions in favor of the consumer based on the number of repair attempts made within 18 months of purchase or 18,000 miles on the odometer, whichever comes first. The law will presume that the manufacturer has failed to fix the vehicle within a reasonable number of attempts if:
- The same defect has been subject to repair two (2) times, remains unfixed, and the defect is likely to cause death or serious injury (e.g., stalling at highway speeds, faulty brakes, faulty air bags, etc.); or
- The same defect has been subject to repair four (4) times, remains unfixed, and is not likely to cause death or serious injury (e.g., no-start condition, inoperable convertible top, defective factory paint job, etc.); or
- The vehicle is out of service by reason of repair for a cumulative total of more than 30 calendar days (as opposed to business days, M-F only).
The lemon laws also cover consumer products purchased used. Also, motor vehicles bought used but still covered by a manufacturer’s factory warranty or “certified pre-owned” vehicles are also covered
by the lemon laws.
Disclaimer:
The above is an abbreviated description of the law and is not intended to convey legal advice or to be a comprehensive overview of the lemon laws. You should consult with an attorney to determine whether or not you have a claim under the lemon laws.
Please call 1-888-536-6657 to determine whether you have a claim under the lemon law
or contact us online.
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