Military service doesn’t take away your consumer rights. If you’re active duty, Guard, or Reserve and stuck with a defective vehicle, California’s Lemon Law provides strong protections to ensure safe transportation. With added state and federal safeguards that account for deployments, PCS moves, and financing challenges, service members have a solid foundation to pursue claims and hold manufacturers accountable.
The Basics: How California’s Lemon Law Works
California’s Lemon Law, which is part of the Song-Beverly Consumer Warranty Act, safeguards purchasers and lessees of vehicles that experience warranty-related defects significantly affecting their use, value, or safety, and cannot be repaired after a reasonable number of attempts. If your new or certified pre-owned vehicle (and often some used vehicles still under the manufacturer’s warranty) repeatedly returns to the dealership for the same issue, you might be eligible for:
- A buyback (repurchase): The manufacturer will reimburse you for your down payment, any monthly payments made, the balance of your loan, and certain additional expenses (such as towing or rental costs), minus an adjustment based on mileage.
- A replacement vehicle: If you prefer and meet the criteria, you could receive a substantially similar new vehicle.
- Civil penalties and attorney’s fees: If the manufacturer knowingly fails to comply with the law, California regulations may impose civil penalties and require the manufacturer to cover your reasonable attorney’s fees if you prevail, making it easier to seek legal assistance without upfront expenses.
Special Coverage for Military Members Stationed in California
A significant yet frequently ignored advantage of California’s Lemon Law for service members is its broadened jurisdiction. Active-duty military individuals stationed in California are permitted to file claims under this law, even if their vehicle was bought or registered in a different state, provided that the manufacturer operates in California. This provision helps address a common issue faced by military families who acquire vehicles near one posting and subsequently relocate to California, only to encounter persistent defects.
Eligible individuals include active-duty members of the U.S. Armed Forces, along with National Guard and Reserve personnel on qualifying active duty orders. Typically, you must be stationed in California when you submit the claim or at the time of the vehicle’s purchase or lease, and the manufacturer must have a presence in the state.
Special coverage under California’s Lemon Law in Leucadia ensures military members stationed in the state receive added protections tailored to their unique service-related challenges.
Federal Protections That Help Your Lemon Claim
Extension of Deadlines:
The Servicemembers Civil Relief Act (SCRA) allows for the suspension of certain legal deadlines while you are actively serving in the military. This means that if you are deployed or otherwise occupied with military responsibilities, you won’t have to worry about the deadline for filing a Lemon Law claim expiring. This provision safeguards your rights against the consequences of time limitations.
Protection from Default Judgments:
The SCRA requires courts to take additional measures before issuing a default judgment when you are unable to attend court due to military commitments. This ensures that you won’t unfairly lose a case solely because of your service obligations, promoting equitable treatment for service members who may be away.
Delays in Legal Proceedings:
If your military duties hinder your ability to engage in a legal matter, the court has the authority to postpone proceedings. Such a delay gives you adequate time to return and effectively present your case, preventing any adverse effects from unavoidable military obligations.
Protections Against Repossession and Interest Rate Limits:
Although not directly related to Lemon Law claims, the SCRA also includes provisions that prevent repossession without a court order and imposes limits on interest rates. These protections can alleviate financial burdens that arise from a faulty vehicle leading to lost income or unanticipated costs, helping to maintain stability until you can address the issue.
What Counts as a “Lemon” for Service Members
- Safety defects are particularly significant: When a defect endangers safe operation — such as brake failures, steering problems, airbag malfunctions, or stalling — California’s presumption may be triggered after two repair attempts within the designated period. It’s crucial to maintain meticulous records of all repairs, including orders, dates, mileage, and detailed descriptions.
- Extended downtime is important: If your vehicle is in the shop for over 30 days for warranty repairs (even across multiple visits) during the presumption timeframe, it serves as compelling evidence.
- Intermittent issues are legitimate concerns: Many service members operate their vehicles in diverse climates and terrains. If a problem occurs on base but not during a brief dealership inspection, ensure that the advisor accurately documents your concerns and request that a technician conduct a road test.
Out-of-State Purchase? How to Use California’s Law
If you bought your car in another state, such as Texas or Virginia, before relocating to California for your Permanent Change of Station (PCS), you are still eligible to file a Lemon Law claim here. To do so, you will need to provide proof of your military status and your assignment in California, which can be shown through documents like your orders, Leave and Earnings Statement (LES), or base assignment paperwork.
Once you have this information, you can initiate your claim in California by reaching out to the manufacturer’s regional office and collaborating with a Lemon Law attorney who specializes in California law. This allows you to pursue your case without having to return to the state where you purchased the vehicle. Make sure to utilize repair facilities located in California for any warranty services, as this will create the necessary in-state documentation to bolster your claim.
San Diego’s Lemon Law lawyers emphasize that California provides some of the nation’s strongest consumer protections, with additional benefits for military members stationed in the state under the SCRA. If your vehicle continues to break down under warranty, you don’t need to put up with repeated repair attempts or unsafe commutes. With the help of an experienced Lemon Law lawyer in San Diego—and by keeping detailed records and asserting your rights early—you can fully leverage the legal safeguards designed to protect service members.