State lemon laws help consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty.
Lemon laws can help a consumer get the vehicle repurchased, replaced, or repaired through a process that is less complicated and expensive than filing a lawsuit and going to court.
A car is a “lemon” when it is determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws generally only apply to new cars purchased or leased by consumers and small businesses.
But a used car may also be covered if it is still covered by the manufacturer’s original warranty (not an extended service contract), or if the defect started and was reported to the dealer while under the manufacturer’s original warranty, and the defect continues to exist.
Lemon laws often do not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.
Lemon laws only cover defects that substantially impair the use or market value of the vehicle—which does not include issues like minor rattles, noises, and car audio imperfections.
Each state has its own requirements, but common factors to qualify as a lemon include:
• The vehicle has a substantial manufacturing defect
• The defect is covered by a manufacturer’s written warranty
• The owner reports the defect to the dealer or manufacturer within the warranty term
• The owner gives the dealer a reasonable number of attempts to repair the defect or condition
• The owner gives the manufacturer written notice (preferably by certified mail) of the defect and at least one opportunity to fix the defect
• The defect persists and substantially impairs the vehicle’s use or market value or creates a serious safety hazard
Lemon laws are usually located in a state’s statutes and are often administered by the state’s department of motor vehicles or a specified consumer protection agency.
In California, the Song-Beverly Consumer Warranty Act, commonly known as the California Lemon Law, provides protection for consumers who purchase or lease new motor vehicles that come with the manufacturer's original warranty. This law applies when a vehicle has a substantial defect that the dealer is unable to fix after a reasonable number of attempts during the warranty period. To qualify as a 'lemon,' the defect must significantly impair the vehicle's use, value, or safety. The law mandates that if the manufacturer or its representative in this state, after a reasonable number of attempts, is unable to repair a new vehicle to conform to the vehicle's applicable express warranties, the manufacturer is required to either replace the vehicle with a new one or refund the purchase price to the buyer or lessee. While the California Lemon Law primarily covers new vehicles, it may also apply to used vehicles if they are still under the original manufacturer's warranty. The law does not cover issues that do not substantially impair the vehicle's use or market value, such as minor rattles or audio system problems. It also does not typically cover repossessed vehicles, non-travel trailers, boats, or farm equipment. Consumers are advised to report defects within the warranty term and provide the manufacturer with a written notice and an opportunity to repair the defect. If the issue persists, the consumer may be entitled to a replacement or refund. The California Department of Consumer Affairs is a resource for information and assistance with the state's lemon law.