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What Qualifies as a Lemon Vehicle?
A car isn't a lemon just because it has a few quirks. In California, it must have a major defect that the dealer can't fix after multiple tries. Understanding these three specific rules is the key to getting your money back.
1. Is the problem “Substantial”?
The first big question is about the severity of the defect. To the law, a “substantial” problem is one that keeps you from using the car, lowers its resale value, or makes it dangerous to drive. We’re talking about things like the engine stalling out, a transmission that slips, steering that won’t respond, or electrical bugs that leave you stranded. If it’s a safety hazard or a major financial hit, it’s likely substantial.2. The “Enough is Enough” Rule (Repair Attempts)
You can’t just sue the manufacturer because you had one bad afternoon. You have to give the dealer a fair shot at fixing it. Generally, a car starts looking like a lemon if, within the first 18 months or 18,000 miles:- They tried to fix a serious safety issue 2 or more times and it’s still broken.
- They tried to fix any other major defect 4 or more times.
- The car has been stuck in the shop for more than 30 total days (even if those days weren’t all at once).
3. The Warranty Timeline
This is the part that trips people up: the issues have to happen while the car is still under the manufacturer’s original warranty. This is exactly why we tell everyone to keep every single “Repair Order” or invoice the service desk hands you. Those papers are your evidence; they prove exactly when the trouble started and how many times the dealer failed to fix it.
According to official California Lemon Law guidelines, if your vehicle is out of service for more than 30 cumulative days for warranty repairs, it may qualify for the legal presumption that the car is a lemon, regardless of how many individual repair attempts were made.
The Light at the End of the Tunnel: The Buyback
If your car is officially a lemon, you aren’t stuck with it. The manufacturer usually has to offer you a replacement or a “Lemon Law Buyback.” In a buyback, they refund your down payment, all those monthly checks you’ve been writing, and your registration fees. They only deduct a small amount for the miles you drove before the first repair attempt.
The most important part? California law usually makes the manufacturer pay for your legal fees. That means you can have a team like Pyramid Legal fighting a billion-dollar car company on your behalf without having to pay us out of pocket. If you are struggling with a faulty vehicle, contact our lemon law experts today for a consultation.
