California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, offers protection to those who buy or lease defective vehicles—including used cars still under the manufacturer’s warranty. However, common myths surrounding the CA Lemon Law for used cars often prevent eligible consumers from taking action. By clearing up these misconceptions, you can move forward with your Lemon Law claim with greater clarity and confidence.
Myth #1: Only Brand-New Cars Qualify
Fact:
A common misconception is that the California Lemon Law is applicable solely to new cars. However, the reality is that it encompasses new, used, leased, and purchased vehicles as long as they are still covered by a manufacturer’s warranty when problems occur. Vehicles classified as certified pre-owned (CPO) and those that still have some factory warranty left are frequently included as well.
Advice from an Expert:
Always retain your warranty paperwork and maintenance records. If your vehicle experiences a persistent problem that remains unresolved after several repair efforts, you could be eligible for relief, irrespective of whether the vehicle is new or used.
Myth #2: You Must Have a Major Defect to Qualify
Fact Check:
- Beyond Severe Flaws: A common misconception is that Lemon Law is limited to serious or dangerous defects.
- Addresses Various Concerns: Under California regulations, any issue that notably impacts a vehicle’s functionality, worth, or safety is included.
- Common Problems Are Eligible: Issues such as transmission failures, engine shutdowns, malfunctioning air conditioning, or electrical issues can qualify for coverage if they affect the vehicle’s usability or value.
Advice from Professionals:
Even seemingly “minor” defects can render your car a lemon if they remain unresolved after multiple repair attempts. It’s important not to downplay persistent issues simply because they appear trivial.
Myth #3: You Must Have Numerous Repair Attempts
The California Lemon Law mandates that reasonable attempts at repair must be made, but it does not specify an exact number of attempts. Typically, a vehicle is classified as a lemon under the following circumstances:
- If serious safety problems remain unresolved after two or more repair attempts.
- If there have been four or more unsuccessful attempts to fix other major issues.
- If the vehicle has been out of commission for a total of 30 days or longer due to any necessary repairs.
Advice from an Expert:
Don’t delay your decision while waiting for what you think might be the “right number” of service visits. Consulting with a lemon law attorney can help determine if your situation meets the legal criteria.
Myth #4: Filing a Lemon Law Claim Is Too Expensive
Fact:
- A significant number of consumers think that taking legal action under the Lemon Law will lead to unaffordable legal expenses.
- However, California’s Lemon Law has a provision for fee-shifting, meaning that if you prevail in your lawsuit, the manufacturer is responsible for covering your legal fees and expenses.
Advice from a Professional:
The majority of trustworthy Lemon Law lawyers California operate on a contingency fee model and provide initial consultations at no charge. You only incur costs if they successfully resolve your case in your favor.
Myth #5: The Manufacturer Can Just Keep Denying My Claim
Fact:
- Don’t Give Up After a Denial: Many car owners mistakenly abandon their Lemon Law claims when a dealership or manufacturer rejects them, assuming the decision is final.
- A Denial Isn’t the End: In reality, a denial from the manufacturer or dealer doesn’t mean you’re out of options—legal rights still apply.
- Lemon Law Guarantees Protection: If your vehicle qualifies, the law requires the manufacturer to either replace it or refund you—regardless of the initial denial.
Expert Guidance:
Manufacturers often use denial as a strategy. A lawyer experienced in Lemon Law can help you navigate negotiations or take legal action if necessary.
Myth #6: You Lose Eligibility If You Keep Driving the Car
Fact:
Operating your car during the process of your Lemon Law claim will not affect your eligibility for protection. Provided that the defect arose while the vehicle was still under warranty and is properly documented, you are still qualified for coverage.
Advice from an Expert:
Keep track of any additional issues, repair appointments, and the impact of the defect on your everyday life. Maintaining these records will bolster your case.
Myth #7: Arbitration Is the Only Option
Fact:
Although certain manufacturers might recommend arbitration as the sole option, in the majority of California Lemon Law cases, you are not required to pursue that path. You have the option to skip arbitration and take your case directly to civil court.
Advice from a Professional:
Consult a California Lemon Law attorney before agreeing to arbitration. While it might seem like a quick solution, arbitration often favors the manufacturer and can limit your legal options.
Empower Yourself with Facts, Not Fear
Failing to understand the nuances of the California Lemon Law could leave you stuck with a defective vehicle and added stress. However, with the guidance of a skilled lemon lawyer in San Diego and reliable legal insight, you can approach the situation with confidence and pursue the resolution you deserve. Many San Diego lemon lawyers offer free case evaluations and work on a contingency basis—only charging fees if they win your case.