Myth #1 – The Lemon Law Only Applies to New Cars

One of the most common misconceptions about California’s Lemon Law is that it only applies to brand-new cars. Many consumers believe that once a car has been used or leased, it’s no longer covered by Lemon Law protections. This simply isn’t true.

In reality, California’s Lemon Law covers a variety of vehicles, not just those that are brand new:

• New Vehicles: Cars that are fresh off the lot are certainly covered under Lemon Law if they have substantial defects that affect their use, safety, or value.
• Leased Vehicles: If you’re leasing a vehicle and encounter significant problems, you’re entitled to the same protections as someone who purchased their car outright.
• Used Vehicles: The law also extends to used cars, provided they are still under the original manufacturer’s warranty. So, if you purchase a used car and it has a defect that can’t be fixed after a reasonable number of attempts, you could still have a valid Lemon Law claim.
• Demo Vehicles: Even demo vehicles—those used as showroom models or for test drives—are covered under California’s Lemon Law if they have substantial defects and are still within the warranty period.

As long as your vehicle has an active manufacturer’s warranty, whether new, leased, used, or a demo, you may be eligible for protection under California’s Lemon Law. This means that if your vehicle develops a defect that the manufacturer cannot repair within a reasonable number of attempts, you have the right to pursue a refund, replacement, or compensation—regardless of whether the vehicle is brand-new or not.

Myth #2 – You Can Only File a Lemon Law Claim Within the First Year

A common myth surrounding California’s Lemon Law is that consumers can only file a claim if the defect occurs within the first year of owning or leasing the vehicle. This misconception leads many car owners to believe that after the initial year, they have no legal recourse, even if they encounter serious issues with their vehicle later on. As a result, many people miss out on the opportunity to file a Lemon Law claim because they believe their time to do so has passed.

In truth, California’s Lemon Law allows consumers to file a claim as long as the defect occurs within the vehicle’s warranty period, which can often extend well beyond the first year. This means that as long as your vehicle is still covered by the manufacturer’s warranty, whether it’s for a new, leased, or used vehicle, you may still be eligible to pursue a Lemon Law claim if the manufacturer is unable to repair the defect after a reasonable number of attempts.

It’s important to emphasize that consumers should take action as soon as they notice a defect, regardless of how long they’ve owned the car, as long as it’s still within the warranty period. Waiting too long or assuming that you’re no longer covered under the law can lead to missed opportunities for compensation or a replacement vehicle. The key factor is whether the defect occurred during the warranty period—not how long you’ve owned the vehicle.

Myth #3 – You Need to Have Multiple Defects to Qualify for a Lemon Law Claim

A persistent myth is that a vehicle must have multiple defects to qualify as a lemon. Many consumers believe that only cars with several significant problems are eligible for a Lemon Law claim, leading them to dismiss the possibility of filing if they are dealing with just one issue. This misconception can cause vehicle owners to tolerate a single major defect that seriously impacts their driving experience, wrongly assuming it isn’t enough to pursue legal action.

In reality, California’s Lemon Law does not require a vehicle to have multiple defects to qualify. A single substantial defect that affects the car’s use, safety, or value is enough to file a Lemon Law claim, as long as the manufacturer has been given a reasonable number of attempts to repair the issue and has failed to do so. It’s not the number of defects that matters under the law, but the severity of the defect and the manufacturer’s inability to fix it.

For example, a car with a single defect such as faulty brakes, a malfunctioning transmission, or an electrical issue that affects safety can be classified as a lemon if the manufacturer cannot resolve the problem after multiple repair attempts. These types of defects can significantly impair the vehicle's reliability and safety, making the consumer eligible for a refund, replacement, or compensation.

Myth #4 – The Manufacturer Has Unlimited Attempts to Fix the Defect

A common myth is that manufacturers can make unlimited attempts to fix a vehicle’s defect before it qualifies as a lemon. This misconception leads some consumers to believe they have no choice but to continue returning their vehicle for repairs, even when the issue persists over time. Many vehicle owners think they must give the manufacturer countless chances to correct the problem, delaying their ability to take legal action under Lemon Law.

In fact, California’s Lemon Law ensures that manufacturers only get a reasonable number of repair attempts before the vehicle is considered a lemon. This reasonable number depends on the severity of the defect:

• Two attempts are generally considered reasonable for serious safety-related issues, such as problems with brakes or steering. These defects are critical and could put the driver and others at risk if not addressed quickly.
• Four or more attempts may be allowed for less critical issues, such as non-safety-related mechanical or electrical problems that still affect the vehicle’s use or value.

In addition to these repair attempts, if the vehicle has been out of service for a cumulative total of 30 days or more (whether consecutive or spread out over time) due to repairs for the same defect, it may qualify as a lemon under the law—regardless of the number of repair attempts.

Myth #5 – You Can Only Get a Replacement Vehicle, Not a Refund

A common misconception about California’s Lemon Law is that consumers can only receive a replacement vehicle if their car qualifies as a lemon. Many people believe that their only option is to accept a new vehicle from the manufacturer, even if they would prefer a refund. This myth can prevent vehicle owners from pursuing Lemon Law claims, particularly if they don’t want to deal with another vehicle from the same manufacturer.

In reality, California’s Lemon Law offers consumers the choice between a replacement vehicle or a full refund. You are not limited to accepting another vehicle; you can opt for a refund if that’s the better option for you. This refund will cover:

• The vehicle’s purchase price (or lease payments)
• Any down payments made
• Monthly payments you’ve made toward the vehicle
• Taxes and registration fees associated with the car
• Incidental expenses incurred due to the defect, such as towing fees or rental car costs

However, the refund amount may be adjusted based on a usage fee, which accounts for the miles driven before the defect was reported. This fee is typically calculated using a standard formula, but even after the adjustment, the refund can be substantial and far more desirable than a replacement vehicle for many consumers.

Empowering Calabasas Residents with Accurate Information

Understanding the facts about California’s Lemon Law is crucial for consumers who are dealing with defective vehicles. Debunking these common myths allows vehicle owners in Calabasas to make informed decisions and take the right steps to protect their rights. Whether it's the misconception that Lemon Law only applies to new cars, or the belief that legal action will be costly, knowing the truth empowers consumers to act confidently.

If you’re dealing with a defective vehicle, Lemon Daddy is here to help. Residents of Calabasas don’t have to face the complexity of Lemon Law alone. Our experienced team is ready to fight for your rights and ensure you get the compensation or replacement you deserve.

• Contact Lemon Daddy Today: Call us at (888) 242-9392, email us at Lemon@drakelawgroup.com, or visit our website at www.LemonDaddy.com to schedule a free consultation. We’ll evaluate your case, explain your options, and help you take the next step toward resolving your Lemon Law claim.

Take action today and let Lemon Daddy handle your Lemon Law claim with the expertise and dedication you can trust.