She only wanted to talk to her kids hands-free.
But $36,000 is what she ended up getting after a three-and-a-half year battle to fix her Bluetooth connection.
It was a bittersweet reward for six repair attempts at the dealership, countless times having the phone put down on her and even sending letters to New York and the Jaguar-Land Rover factory in Halewood, England.
Sadly Marilou is not alone.
There are thousands of people in California who get their money back this year for all sorts of issues:
- Alignment of doors
- Radio issues consisting of blank and lost sound
- Front and rear camera malfunctions
- Carpeting problems
- Lack of Wi-Fi service
- Sound system defect (not holding presets)
- Glitch problems with main screen
- GPS malfunction
- AC malfunction
- Sunroof defect
- Driver seat malfunction (unable to adjust seat)
- Engine seizure
- Oil leaks
- Braking system unavailable
Hers is just one story from an estimated 15,000 people who buy a ‘lemon’ each year in California.
But in 2024, winning a full refund for your unfixable car can happen within weeks without you writing a single letter to New York or England.
In this article we’ll explain all you need to know about the California Lemon Law.
“Mom, are there elephants in your car?”
Marilou knew something was wrong the very first day she had her black Range Rover delivered to her driveway in X, Los Angeles.
She took it for a spin and called one of her kids.
But this is all she heard: “Mom, are there elephants in your car?”
Marilou thought she hadn’t set up the Bluetooth correctly and called the dealership asking for help to solve the connection issue.
Little did she know she’d just won herself $36,000…but we’ll get to that soon.
How the dealership stopped returning her calls and blamed HER for the problem
At first, the courtesy car Marilou was given to drive in was a nice gesture.
But she soon grew to hate it.Because she found herself in it a total of 6 times as the Bluetooth problem never went away.
Every time Marilou got her car back, she’d call one of her kids only to hear:
“Mom, the dealership didn’t fix your d**n car again!”
The situation because ‘stressful’ as Marilou was frequently driving long distances for her job as a X and whenever her kids rang she had to hold her phone in her hand.
Marilou also said:
“I paid a lot of money for this car and it’s not nice when a part of it is broken – it doesn’t matter what part it is. I paid for a brand-new, fully operational car.”
But after six trips back to the dealership they stopped returning her calls.
In fact, on the 6th repair attempt the dealership repairman said: “It’s your iPhone that’s the problem, Maam.”
But Marilou got a new iPhone and…the same thing happened
She didn’t know it at the time, but this kind of treatment from a dealership is an all too common sign that you’ve bought a ‘lemon’ from them.
What California dealerships don’t want you to know about the 1975 ‘Lemon Law’
Marilou said she ‘gave up trying’ to fix her bluetooth issue for a whole year in 2020 as the pandemic hit and everything closed down.
Until one day her son shouted down the phone again.
He said: “Mom, fix your damn car or stop calling me when you’re driving. You’re so aggravating!!”
This reignited Marilou’s anger and she began writing letters to New York and England and then spent weeks and weeks of waiting…
Until finally she received a phone call.
Here’s Marilou again: “It was some overworked guy on the other end of the phoneline. I think he was about to quit…and there I was shouting and screaming at him about my bluetooth.”
“I think he just cracked.”
“Because finally he said the words I’d been waiting to hear all that time: ‘Maam, I’m really sorry, think your car is a lemon.’”
She didn’t know what a ‘lemon’ was at that point.
But Marilou quickly learned that because she had made her first complaint while her car was under warranry she was eligible under the California Lemon Laws for a full refund.
It didn’t matter that it was now 3 years down the line.
And…that’s exactly what the dealership didn’t want her to know about the 1975 California Lemon Laws.
How to Know if Your Car is a ‘Lemon’ Under California Law
ut the battle wasn’t over yet.
First of all, Marilou had to gather together all of the paperwork from every repair and all the correspondences with the dealership.
It was a mountain of evidence.
It was six months more of waiting…
Until, finally, in September 2021 she received the check for $36,000 and the dealership came to pick the car up.
The money represented 90% of the original purchase price – $40,000 – minus a fee for mileage which is calculated based on a formula according to the California Lemon Law.
But there were a couple of things about this case that made it successful.
In fact, Marilou learnt so much about the Lemon Law that she wanted to share her to story to save other people the stress of three and a half years of trying to fix her car.
Below, we’ll go through the main three steps to knowing if your car is considered a ‘lemon’ under California law.
The Lemon Daddy Assessment: 3 Steps to Getting a Full Refund
The Lemon Daddy Assessment is the exact process that top lawyers from [LemonDaddy.com](https://lemondaddy.com/) go through when evaluating each case.
It will help guide you through the steps to get your car fixed or refunded.
Step 1: Check Your Car’s Warranty
It’s crucial to check under what warranty you bought your car in California.
Generally, most new vehicles are sold with one of two kinds of warranty:
- Bumper-to-bumper warranties cover nearly all mechanical and electrical components of the vehicle, including air conditioning, the electrical system, suspension, software, and more.
- Powertrain warranties cover the vehicle’s essential components. This would include the engine, transmission, and drive system. These components are supposed to stand the test of time, which is why powertrain warranties are generally longer than bumper-to-bumper warranties.
In Marilou’s case, she had a bumper-to-bumper warranty which covered the electrical system. So you need to check this.
Most used car bumper-to-bumper warranties in California are good for at least 30 days or 1,000 miles.
This is crucial to know because to be considered a ‘lemon’ under California law the warranty must be in effect when the defect was first reported.
Even if the warranty expires while the vehicle is being serviced, the claim will still be valid.
Here’s a rough guide to the typical warranty period of major car brands sold in California:
Following this process ensures your car qualifies for Lemon Law protection and increases your chances of a successful claim.
Step 2: Gather Paperwork
One of the key aspects of the California Lemon Law is that the problem must persist after a ‘reasonable number of attempts’.
So what is a ‘reasonable’ number of attempts?
There’s no set number.
However, California’s Lemon Law Presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:
- The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.
- Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.
- The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty. This is called the Lemon Law Presumption.
The last point is important.
It’s the only situation in which you could have sent your car for a single repair and still have it considered a ‘lemon’ under California Law.
But it’s essential to have the right paperwork.
Your paperwork must be able to answer key questions like:
- How many times did you take your car to the dealership?
- What dates were the repair attempts made?
- What issues were reported each time?
- Were there any follow-ups or additional complaints?
- Did the dealership provide any solutions or explanations?
- Were these solutions effective?
It’s essential you keep all receipts, repair orders, and correspondence with the dealership.
This paperwork is critical for filing your claim.
This is the sole reason why Marilou’s car was eligible for the $36,000 refund despite three and half years having passed from the first repair attempt.
Step 3: File a Claim
There are three main ways you can settle a claim with a dealership in California:
- Lemon Law Buyback: The most common outcome is a lemon law buyback. This is where you are refunded for the purchase price and any other incurred expenses. You will be fully paid for the cost of the vehicle, any loan payments made, the remainder of the loan, the sales tax, registration fees, all court costs, all legal costs and other incidental costs like taxis, hotel stays, meals, towing expenses, etc.
- Lemon Law Replacement: A lemon law replacement involves the manufacturer or dealership providing a new vehicle of the same make/model or one of similar value. Unlike a lemon law buyback, the manufacturer is not required to provide a replacement vehicle – both parties must agree to it.
- Cash-and-Keep: The cash-and-keep option involves the manufacturer providing the consumer a sum of money for their troubles in addition to letting them keep the vehicle. There are some instances in which this option is ideal – like a minor issue where the fix is relatively simple, but the manufacturer’s repair facility is too busy to complete the job promptly. But consumers tend to come out on the losing side of a cash-and-keep deal.
Ensure you have all your documents ready and get ready to file your claim with the dealership.
Assuming you’re eligible, it should be a matter of weeks to receive your claim.
The Small-Print: The Two Things You Must Prove for Your Car to Be Considered a ‘Lemon’
The three steps above are the main points on your journey to getting a full refund.
But there are two more things you need to prove to make a successful claim.
These are:
- Who caused the defect?
- Is the defect substantial?
These two aspects of the California Lemon Law are where many consumers can fail to make a successful claim.
The issue is, they are open to interpretation.
If the dealership can suggest the defect was your fault then they may well do so.
Even if it’s not correct.
You also need to prove that the defect was ‘substantial’.
This also is an ambiguous element of the law and can be the final obstacle to fixing your car or getting a full refund in California.
See if Your Car is a Lemon
Final Thoughts: Getting What You Paid for (with a Little Help from the California Lemon Law)
Marilou got 95% of her Range Rover Evoque’s purchase costs back three and a half years after purchase due to a faulty Bluetooth connection.
The full purchase cost was $40,000.
So the $36,000 represented the full price minus mileage costs, which are calculated according to a formula in the California Lemon Law.
Marilou went on to buy herself a new BMW X which has ‘no bluetooth problems’.
By understanding the Lemon Law and making a successful claim, she was one of the lucky few who turned her car troubles into a full refund.
But not everyone’s case turns out this way.
Knowing your rights is the key.
Also, ensuring you have the full paperwork and can prove your car qualifies as a ‘lemon’ under California Law is crucial.
This is where a lot of people’s claims fail.
See if Your Car is a Lemon
