When we hear about Lemon Law claims, we often envision a car that won’t start, one that stalls on the highway, or a vehicle with a transmission that halts at every stoplight. However, what if your car isn’t completely out of commission but still doesn’t function as it should? Can Lemon Law still be applicable to a vehicle that technically operates, yet has persistent problems, defects, or oddities that affect its dependability, worth, or usability?
The short answer is yes—California’s Lemon Law can still apply even if a vehicle isn’t completely “broken.” As long as the car fails to meet the essential promises outlined in the manufacturer’s warranty, it may qualify as a lemon. In this article, a California Lemon Law lawyer explains how the law works when your vehicle remains drivable but continues to have persistent issues that affect its safety, use, or value.
Understanding the Basics of California Lemon Law
The Lemon Law in California, formally referred to as the Song-Beverly Consumer Warranty Act, aims to safeguard consumers who buy or lease vehicles that prove to be faulty. If a vehicle encounters issues that the manufacturer or dealership fails to resolve after a fair number of repair attempts, the consumer may qualify for either a refund or a replacement vehicle.
To ensure a claim is valid, the following criteria usually need to be satisfied:
- The vehicle should be under a manufacturer’s warranty.
- The defect must significantly impact the vehicle’s usability, value, or safety.
- The manufacturer must be allowed a reasonable number of tries to remedy the issue.
- The defect should arise within the warranty period or within a specified timeframe or mileage post-purchase.
Notably, the law does not require the vehicle to be completely broken—only that it consistently fails to perform as expected under normal conditions and has not been properly repaired.
What Counts as “Not Broken,” But Still a Lemon?
It’s easy to assume that a Lemon Law case requires dramatic breakdowns, but many claims involve subtler—but persistent—issues. Here are some examples where a car is technically operable but may still qualify under Lemon Law:
1. Issues with Electrical Systems or Infotainment
Picture a brand-new vehicle that has a faulty backup camera, frequent interruptions in Bluetooth connectivity, or a dashboard that unexpectedly goes dark. While these problems won’t stop the car from operating, they can greatly diminish safety, ease of use, and overall satisfaction—particularly since these features are often highlighted as key selling points.
2. Persistent Dashboard Warnings
If the check engine light or brake warning keeps lighting up despite multiple attempts at fixing it, there could be a more serious underlying problem. Even though the vehicle may still be drivable, these alerts indicate that something is amiss, which could jeopardize long-term safety or performance.
3. Transmission Issues like Hesitation or Jerkiness
Many contemporary cars—particularly those equipped with dual-clutch or CVT transmissions—might not technically be “broken,” yet they can exhibit symptoms such as rough shifting, hesitation, or slipping. If these behaviors are unusual and the dealership fails to resolve them, they could potentially classify the vehicle as a Lemon, even if it remains operational.
4. Noticeable Smells or Leaks
While strong fuel or oil scents, water infiltrating the interior, and persistent musty odors may not hinder a vehicle’s operation, they can significantly affect its livability, resale potential, and safety. A water leak has the potential to harm both the interior and electronic components, whereas a gas leak could create a fire hazard.
5. Exterior or Structural Issues
Visual imperfections such as flaking paint, corrosion, or misaligned panels might appear trivial, yet they can greatly diminish a car’s resale value and could indicate more serious structural or manufacturing concerns. If these issues are not rectified under warranty, they might activate Lemon Law protections.
The Legal Interpretation: “Substantially Impairs Use, Value, or Safety”
A crucial aspect of Lemon Law regulations is that the defect must “significantly affect the use, value, or safety” of the vehicle. Let’s explore this further:
- Use: Should the defect hinder the intended functions of the car—such as driving, braking, shifting gears, or adjusting seats—it could fulfill this criterion.
- Value: If the problem diminishes the vehicle’s market worth (for example, you wouldn’t want to pay full price for a car with a malfunctioning navigation system), it may be considered qualifying.
- Safety: If the defect poses a potential risk to safety—even if no actual harm has occurred yet—the law may offer protection to the consumer.
A car does not have to completely stall or fail to start consistently to be deemed impaired. Even issues that might appear minor or merely cosmetic can affect these three fundamental aspects.
What If the Dealership Says, “It’s Normal”?
In many borderline Lemon Law situations, dealerships or manufacturers may acknowledge existing issues but claim they fall within the manufacturer’s specifications. For instance:
- “The transmission is designed to operate this way.”
- “We are aware of the screen freezing issue, but there’s currently no solution.”
- “The vibrations you experience are typical for this model.”
Such responses can be exasperating for consumers who have invested significant amounts of money into a product they expected to be of high quality. However, it’s important to note that the Lemon Law does not stipulate that a defect must be technically abnormal; it simply requires that the issue remains unresolved and negatively affects the vehicle’s usability, value, or safety.
Even conditions deemed “normal” that render the car uncomfortable, unreliable, or unsatisfactory can provide grounds for a legal claim if the vehicle fails to meet reasonable consumer expectations.
Real-World Example: The Ford Focus and Fiesta Cases
A prominent controversy surrounding Lemon Laws centered on Ford’s Focus and Fiesta models that featured the dual-clutch PowerShift transmission. Owners frequently experienced symptoms like shuddering, lurching, and hesitation, although the vehicles remained operable.
For an extended period, Ford dealerships reassured customers that these issues were merely “normal,” even as numerous complaints surfaced. This eventually led to legal action, buyback offers, and settlements, as the defect considerably compromised both the functionality and safety of the cars, despite them not being outright “broken.”
This situation illustrates that ongoing usability problems can qualify for Lemon Law protection, even in the absence of complete mechanical failure.
Documentation: The Key to Your Case
If you’re driving a vehicle that “mostly works” but has recurring issues, documentation will be crucial to a successful Lemon Law claim. Be sure to:
- Whenever the problem arises, make sure to take your vehicle in for servicing so that a comprehensive history of ongoing issues is maintained.
- Always retain copies of repair invoices and confirm that they correctly reflect the issues you have mentioned.
- Document the dates, mileage, and specific symptoms each time the problem manifests to identify trends.
- If the issue is sporadic, attempt to gather video or photographic evidence to strengthen your case.
- Don’t dismiss minor problems; even seemingly insignificant issues can contribute to establishing a strong argument over time.
Regardless of whether the dealership claims they are unable to reproduce the problem, your initiative to bring it to their attention will still contribute to the manufacturer’s responsibility to address the defect.
What Remedies Are Available?
If your car meets the criteria set by California’s Lemon Law, you could be eligible for certain remedies, even if the vehicle isn’t technically “broken.” These remedies may include:
- A buyback option for your vehicle, including reimbursement for your down payment, monthly payments, and registration fees.
- A replacement vehicle if you would rather have a new car than receive cash compensation.
- Coverage for incidental expenses like towing, rental cars, or costs related to repairs.
- Payment of attorney’s fees, which the manufacturer might need to cover if you win your case.
Typically, consumers in California do not incur out-of-pocket expenses for Lemon Law legal representation. Attorneys generally operate on a fee-shifting arrangement, meaning that if the claim is successful, the manufacturer pays the legal fees.
A common misconception among consumers is that a Lemon Law claim can only be made if their vehicle completely fails or won’t start. However, California law stipulates that you are entitled to a car that operates as promised according to its warranty. If you encounter ongoing problems that affect your vehicle’s performance, even if it still runs, you could have grounds for legal action.
If you’re dealing with persistent issues that raise concerns about your vehicle’s safety or value, it’s important not to overlook them. Document everything, revisit the dealership, and seek advice from a knowledgeable California Lemon Law attorney. You might find out that your “annoying but operational” car qualifies as a Lemon legally.
Need Assistance with a Possible Lemon Law Case?
If your vehicle is still under warranty and continues to have problems despite multiple repair attempts, you may have a valid Lemon Law claim. A Lemon Law lawyer San Diego can help determine if your case qualifies for a refund or replacement. California’s Lemon Law is designed to protect consumers from defective vehicles that manufacturers fail to fix. Best of all, you may not have to pay any legal fees out of pocket.