California Lemon Law Protections for Specialty Vehicles: What Every Owner Should Know

You’ve just invested in a high-end RV for your family’s cross-country adventures or a custom-built motorcycle for those weekend rides. The excitement and joy of owning a specialty vehicle like this are unparalleled. However, after a few months, you start noticing persistent issues—engine trouble, electrical failures, or structural problems. Despite multiple trips to the repair shop, these issues remain unresolved. The frustration of dealing with constant defects in a vehicle that was meant to bring joy and convenience is overwhelming. Specialty vehicles, due to their specific uses and high costs, require reliability and performance. When they fail to deliver, the disappointment is profound, and the financial implications can be significant.

California’s Lemon Law for Specialty Vehicles

California’s lemon law, part of the Song-Beverly Consumer Warranty Act, protects consumers who purchase or lease vehicles that fail to meet quality and performance standards. This law applies to a wide range of specialty vehicles, ensuring that owners are not left with defective products.

The law mandates that if a vehicle has substantial defects that impair its use, value, or safety, and these defects persist despite a reasonable number of repair attempts, the manufacturer must either replace the vehicle or refund the purchase price.

Types of Specialty Vehicles Covered

• Recreational Vehicles (RVs): Includes motorhomes, travel trailers, and camper vans.
• Boats: Covers various types of watercraft, including sailboats, speedboats, and yachts.
• Motorcycles: Applies to all types of motorcycles, including cruisers, sport bikes, and touring bikes.
• All-Terrain Vehicles (ATVs): Includes both utility and recreational ATVs.
• Custom-Built Vehicles: Covers vehicles that have been specially manufactured or significantly modified.

Criteria for Coverage

Specific Criteria a Specialty Vehicle Must Meet to Be Considered a Lemon

• Substantial Defects: The vehicle must have one or more substantial defects that significantly impair its use, value, or safety. These defects must persist despite a reasonable number of attempts to repair them.
• Reasonable Number of Repair Attempts: Generally, this means at least two repair attempts for serious safety issues or multiple attempts for other types of defects. Alternatively, if the vehicle is out of service for repairs for a cumulative total of 30 days or more within the first 18 months or 18,000 miles, it may be considered a lemon.

Common Defects and Issues That Qualify

• Engine Problems: Persistent issues with starting, running, or maintaining power.
• Electrical Issues: Recurring problems with the vehicle’s electrical systems, including wiring, lighting, and electronic controls.
• Structural Defects: Problems with the vehicle’s frame, body, or structural integrity that affect safety and usability.
• Safety Defects: Any defects that pose a safety risk, such as brake failures, steering problems, or issues with the suspension.

Timeframe and Usage Limits

Specific Timeframes Within Which Issues Must Arise for the Vehicle to Be Covered

• The defects must become apparent within the warranty period specified by the manufacturer. This period typically covers the first 18 months or 18,000 miles of ownership, but it can vary based on the manufacturer’s specific warranty terms.
• Issues that arise outside of this warranty period may not be covered under the lemon law, emphasizing the importance of timely reporting and addressing defects.

Usage Limits

• Mileage: The vehicle must generally have fewer than 18,000 miles when the defect is first reported to qualify under the lemon law.
• Operational Hours: For certain components, operational hours can also be a factor. Some warranties specify limits on the number of hours the vehicle or specific components can be in use before defects are reported.
• Adhering to Usage Limits: Ensuring that the vehicle is used within the specified mileage and operational hours is crucial for maintaining eligibility under the lemon law.

Identifying Common Issues in Specialty Vehicles

Mechanical Problems

Persistent Engine or Transmission Issues

• Engine Problems: Persistent engine issues, such as difficulty starting, stalling, overheating, or loss of power, can significantly impair the performance and safety of specialty vehicles. For instance, an RV with a faulty engine can leave you stranded during a trip, while a motorcycle with engine problems can pose serious safety risks.
• Transmission Issues: Transmission problems, including difficulty shifting gears, slipping gears, or frequent breakdowns, are common in specialty vehicles. These issues can severely affect the vehicle’s drivability and safety, making it difficult to operate smoothly and reliably.

Problems with Specialized Components

• Generators in RVs: RVs often come equipped with generators to provide power while off the grid. Persistent issues with the generator, such as failure to start, inconsistent power supply, or frequent breakdowns, can make the RV unusable for its intended purpose.
• Marine Engines in Boats: Boats rely heavily on their marine engines for propulsion. Problems like overheating, frequent stalling, or difficulty starting can render the boat unreliable and unsafe, affecting your enjoyment and safety on the water.

Electrical and Electronic Failures

Recurring Issues with Electrical Systems

• Battery Failures: Frequent battery failures or the inability to hold a charge can indicate significant electrical system problems. For specialty vehicles like ATVs or motorcycles, reliable battery performance is crucial for operation.
• Lighting Malfunctions: Issues with lighting systems, such as flickering headlights, non-functional brake lights, or interior lighting failures in RVs, can pose safety hazards and affect the usability of the vehicle.
• Electronic Controls: Modern specialty vehicles often have complex electronic control systems. Recurring problems with these controls, including malfunctioning dashboards, GPS systems, or electronic ignition, can severely impact the vehicle’s functionality and safety.

Structural and Safety Concerns

Defects That Pose a Safety Risk

• Brake Failures: Reliable braking systems are critical for all vehicles. Issues such as reduced braking efficiency, brake fluid leaks, or complete brake failure are serious safety hazards that must be addressed immediately.
• Steering Problems: Difficulty in steering, such as unresponsive steering, excessive play in the steering wheel, or misalignment, can make the vehicle unsafe to operate and increase the risk of accidents.
• Vehicle Structure: Structural defects, including issues with the frame, body integrity, or suspension, can compromise the safety and durability of the vehicle. For example, an RV with a weak frame may be unable to support its weight, while a motorcycle with suspension problems can lead to unstable rides.

Steps to Take if You Suspect Your Specialty Vehicle is a Lemon

Documenting Defects and Repair Attempts

Importance of Keeping Detailed Records of All Defects and Repair Attempts

• Maintaining thorough documentation is crucial when dealing with a potential lemon. Detailed records provide the evidence needed to support your claim and demonstrate that you have made reasonable efforts to resolve the issue.
• Accurate documentation helps establish a clear timeline of events, which is essential for proving that the vehicle meets the criteria for a lemon under California law.

Types of Documentation Needed

• Repair Orders: Collect all repair orders from each visit to the service center. These should detail the issues reported, diagnostics performed, and repairs attempted. Ensure these documents are comprehensive and clearly outline the nature of the defect.
• Receipts: Keep all receipts related to the repairs, even if the repairs were covered under warranty. These receipts can demonstrate the financial and time burden caused by the defect.
• Communication with Dealer/Manufacturer: Save all forms of communication with the dealer and manufacturer. This includes emails, letters, phone call logs, and any other correspondence where you reported the defect and discussed repair attempts. Make sure to note the dates, names of representatives you spoke with, and key points discussed.

Notifying the Dealer and Manufacturer

How to Formally Notify the Dealer and Manufacturer of the Issue

• Written Notification: Formally notify both the dealer and the manufacturer in writing as soon as you identify a recurring defect. Clearly describe the issue, provide a timeline of the problems, and include copies of your repair records. Be specific about the defect’s impact on the vehicle’s use, value, or safety.
• Certified Mail: Send your notifications via certified mail or another method that provides proof of delivery. This ensures there is a record of your notification and that the dealer and manufacturer cannot claim they were unaware of the issue.
• Follow-Up Communication: Keep track of all responses from the dealer and manufacturer. If they do not respond promptly or refuse to address the issue, continue to send follow-up communications and document each attempt.

Importance of Written Communication and Keeping Proof of Correspondence

• Creating a Record: Written communication creates a formal record of your efforts to resolve the problem. This record is essential if you need to escalate the issue to a lemon law claim.
• Proof of Attempts to Resolve the Issue: Keeping proof of correspondence demonstrates that you have made reasonable attempts to have the vehicle repaired. This is a key requirement for a lemon law claim and helps establish that the manufacturer has had sufficient opportunity to fix the defect.
• Legal Evidence: In the event that the issue cannot be resolved amicably and you need to pursue legal action, having a complete and detailed record of all communication will be invaluable. It shows the court that you have diligently followed the necessary steps to address the defect.

Seeking Repairs and Resolution

Options for Getting the Vehicle Repaired

Authorized Repair Facilities and Warranty Coverage

• Authorized Repair Facilities: Always take your specialty vehicle to an authorized repair facility specified by the manufacturer. This ensures that the repairs are recognized under your vehicle’s warranty. Authorized service centers have the necessary expertise and parts to address specific issues covered by the warranty.
• Warranty Coverage: Verify that the repairs are covered under your vehicle’s warranty. This includes parts, labor, and any diagnostics required. Ensure that all repair orders clearly state that the work is performed under warranty to avoid unexpected costs.

Steps to Take if Repairs Are Unsuccessful

• Multiple Repair Attempts: If the defect persists after the first repair attempt, return the vehicle to the authorized service center for further repairs. California’s lemon law typically requires that a reasonable number of repair attempts are made before the vehicle qualifies as a lemon. Document each attempt meticulously.
• Communicate with Manufacturer: If the authorized repair facility cannot fix the issue after several attempts, escalate the problem to the manufacturer. Contact their customer service department and provide all relevant documentation. Request a resolution, such as additional repairs, replacement, or refund.
• Consult a Lemon Law Attorney: If the manufacturer fails to resolve the issue after multiple attempts, consider consulting with a lemon law attorney. They can help you understand your rights and guide you through the process of filing a lemon law claim.

Keeping Detailed Records

Importance of Maintaining Comprehensive Records of All Repair Attempts

• Documentation: Keep all repair orders, receipts, and written communications related to the repair attempts. These records provide a detailed history of the issue and the efforts made to resolve it, which is essential for a lemon law claim.
• Evidence: Detailed records serve as evidence that you have given the manufacturer a reasonable opportunity to fix the defect. This documentation is crucial for demonstrating that the vehicle meets the criteria for a lemon under California law.

Tracking the Number of Repair Attempts and Days Out of Service

• Number of Repair Attempts: Track the number of times the vehicle has been taken in for the same issue. California’s lemon law generally considers a vehicle a lemon if it has been repaired at least twice for a serious safety issue or multiple times for other types of defects.
• Days Out of Service: Monitor the total number of days the vehicle has been out of service due to repairs. If the vehicle is out of service for a cumulative total of 30 days or more within the first 18 months or 18,000 miles, it may qualify as a lemon. Keep a log of each repair period to ensure accurate tracking.
• Consistency: Ensure that all entries in your records are consistent and accurate. This will strengthen your case and help avoid discrepancies during the lemon law claim process.