If your new car is spending more time in the repair shop than on the road, you might be wondering: Is this a simple warranty issue, or do I have a lemon on my hands?
In California, both warranty coverage and lemon law offer forms of legal protection, but they serve different purposes. Understanding the distinction can save you time, money, and frustration, especially if you’re stuck with a defective vehicle.
This guide breaks down everything you need to know about lemon law vs warranty, how car coverage works in California, and what steps to take if you think your car is a lemon.
Are you unsure whether your situation falls under warranty or lemon law? You’re not alone. Keep reading, and if things sound familiar, contact us for a free legal review.
What Is a Warranty and What Does It Cover?
A warranty is a written agreement from the car manufacturer (or dealer) promising to fix certain problems within a set period, typically based on time or mileage. Think of it as the manufacturer’s way of saying, “If something goes wrong that’s our fault, we’ll take care of it.”
Types of Vehicle Warranties
There are several common types of warranties:
- Bumper-to-bumper warranty: Covers almost everything on the vehicle for a short duration, except wear-and-tear items (usually 3 years or 36,000 miles)
- Powertrain warranty: Covers the engine, transmission, and drivetrain—usually for a longer period (5 years or 60,000 miles)
- Emissions warranty: Covers emission-related parts under federal and California regulations
- Corrosion/perforation warranty: Covers rust-through issues
Example: If your engine fails at 20,000 miles and you have a 5-year/60,000-mile powertrain warranty, repairs should be covered by the manufacturer.
What Warranties Don’t Cover
- Damage from accidents or misuse
- Routine maintenance or wear-and-tear (like brake pads or tires)
- Repairs outside the warranty period or not covered by the contract
In short, warranties aim to fix issues, but only under certain conditions.
What Is California’s Lemon Law?
The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act, is a state law that protects buyers stuck with vehicles that have serious, recurring problems even after multiple repair attempts.
What Qualifies as a “Lemon”?
- A defect that substantially impairs the use, value, or safety of the vehicle
- The problem persists after a reasonable number of repair attempts (usually 3, but this can vary)
- The issue arises within 18 months or 18,000 miles (whichever comes first), though exceptions may apply
Legal Protections Under Lemon Law
- A full refund or vehicle replacement, including your down payment and payments made
- Coverage of attorney’s fees if you win your case
- Potential for civil penalties if the manufacturer willfully violated the law
And here’s the best part: you don’t need to pay for lemon law protection. It’s already a part of California law.
Tired of playing ping-pong between the dealership and repair shop? Let a lemon law attorney step in and take it from here. Talk to a legal expert today and explore your options.
Lemon Law vs Warranty: The Key Differences
It’s easy to confuse these two, but here’s how they stack up:
Warranty Repairs. Lemon Law Replaces.
A warranty helps you get your car repaired at no cost when something breaks due to a manufacturer’s defect.
But when those fixes don’t work and your vehicle keeps having serious issues, California’s lemon law steps in. You may be entitled to a refund or a full replacement.
The lemon law is legal protection. A warranty is a contract.
Lemon law is part of California state law. It exists independently of any warranty agreement.
A warranty is a promise made by the seller or maker, and you only get what’s written in it.
Warranties and the lemon law can overlap.
They often work hand-in-hand: Lemon law typically kicks in after a warranty fails to resolve a major issue.
🚨 If your car has been repaired multiple times for the same issue under warranty and it’s still not fixed, the lemon law may already apply. Don’t wait—your legal rights could expire. Contact Court House Lawyers now.
What Vehicles Qualify Under California Lemon Law?
Most new vehicles sold or leased in California with a manufacturer’s warranty qualify under the Lemon Law, including:
- Cars, trucks, SUVs, RVs, and electric vehicles
- Some certified pre-owned vehicles may apply if still under the original warranty
- Vehicles used for personal, family, or household purposes
- Certain business vehicles under 10,000 pounds
Lemon Law Triggers:
You may have a lemon case if:
- The issue is life-threatening or dangerous, and was verified by the dealership’s repair facility
- A less serious issue has been fixed 3+ times with no success
- Your vehicle has been in the shop for over 30 cumulative days
If your vehicle meets one of these conditions, you may be entitled to a refund or replacement—even if the dealer says otherwise.
Note: Motorcycles may also be covered, but the rules vary. Speak with a lemon law attorney to find out more.
What to Do If You Think You Bought a Lemon
So your car is acting up. Again. Here’s how to take control of the situation:
1. Document Everything
Keep a record of repair orders and invoices, dates, and duration of each repair and communications with the dealer or manufacturer.
2. Act Fast
The clock starts ticking from the moment you purchase the car. The sooner you act, the stronger your case.
3. Contact Court House Lawyers
Lemon law claims can get complicated, especially if the manufacturer pushes back. That’s where our lemon law attorneys come in. We’ll review your repair records, confirm whether you qualify, and guide you through the steps to get the compensation you deserve.
Whether you’ve had 2 repair attempts or 20, you might already be eligible for protection under California’s lemon law. Book a free case evaluation to find out where you stand.
And if your lemon situation began with a crash or serious safety issue, understanding who’s at fault in a California car accident could further strengthen your legal claim.
Conclusion: Know Your Car Coverage Rights
While warranty coverage is your first line of defense, California’s lemon law is your legal backup when repairs fail. If your vehicle is repeatedly breaking down and you’re getting nowhere with the dealership, you may not just have a car issue, you may have a lemon.
Don’t let a defective vehicle drain your wallet or your patience.
Think you’re driving a lemon? Contact Court House Lawyers today and let’s get you back on the road, protected and confident.
Frequently Asked Questions (FAQ)
1. What’s the main difference between lemon law and a car warranty?
A car warranty is a written promise from the manufacturer to fix certain issues within a set timeframe or mileage. Lemon law, on the other hand, is a California state law that gives you legal protection if those repairs fail, allowing you to get a refund or replacement vehicle.
2. Can I use lemon law if my car is still under warranty?
Yes. In fact, most lemon law claims begin because the car is under warranty and the manufacturer failed to fix a defect after multiple attempts. Warranty coverage doesn’t prevent a lemon law claim—it helps it.
3. Does lemon law apply to used cars in California?
Sometimes. Certified pre-owned vehicles or used cars that are still under the original manufacturer’s warranty may qualify under California’s lemon law. It depends on the repair history and whether the car meets the usual lemon law conditions.
4. What kind of car problems qualify under lemon law?
Your vehicle must have a serious defect that impacts use, safety, or value, like a failing transmission, engine problems, or electrical issues that cause the car to stall. Minor cosmetic issues usually don’t count, but can add up to show a vehicle with repeated problems.
5. How many times does a car have to be repaired before it’s considered a lemon?
Generally:
- 2 repair attempts for safety-related defects (like engine failure or transmission issues)
- 3+ attempts for other substantial issues
- Or, the vehicle is at the dealer for repairs for 30+ total days
Meeting any of these can make you eligible for relief under the California lemon law.
6. What should I do if I think I have a lemon?
Start by gathering all service and repair records. Then, talk to a California lemon law attorney to confirm if your vehicle qualifies. Don’t wait, there are time and mileage limits that can affect your case.
Need help figuring it out? Book a free consultation with Court House Lawyers, we’ll review your situation and walk you through your options.
