California’s lemon law, officially known as the Song-Beverly Consumer Warranty Act, is designed to protect consumers who purchase or lease vehicles that fail to meet quality and performance standards. The law mandates that manufacturers repair, replace, or refund the cost of defective vehicles that cannot be adequately repaired within a reasonable number of attempts.

The primary purpose of the lemon law is to ensure that consumers are not left with defective vehicles and that manufacturers are held accountable for the quality of their products.

Enacted in 1970, the Song-Beverly Consumer Warranty Act initially aimed to protect consumers from defective household products. Over the years, the scope of the Act expanded to include vehicles, providing comprehensive protections for consumers dealing with defective cars.

The law has undergone various amendments to strengthen consumer rights and ensure fair treatment in the marketplace, making it a critical tool for protecting car buyers in California.

California’s lemon law covers a broad range of vehicles, including new and used cars that are still under the manufacturer’s original warranty. This can include vintage cars if they meet specific criteria.

Vintage cars that have been recently purchased and are under warranty from a manufacturer or dealer can qualify for lemon law protections. This is particularly relevant for collectors who purchase restored vintage cars from dealers that offer warranties.

Key Protections Under California’s Lemon Law for Vintage Cars

Coverage and Eligibility

For a vintage car to qualify for lemon law protection, it must be under the manufacturer’s or dealer’s original warranty. This is particularly relevant for collectors who purchase restored vintage cars from dealers that offer warranties.

The vehicle must have substantial defects that impair its use, value, or safety. These defects must persist despite a reasonable number of repair attempts. The specific criteria include:

     - Substantial Defects: The vehicle must have significant problems affecting its functionality, safety, or value.

     - Reasonable Repair Attempts: The manufacturer or dealer must have made multiple unsuccessful attempts to repair the defects. Typically:

          - At least two attempts for serious safety defects.

          - Four or more attempts for other substantial defects.

          - The vehicle has been out of service for repair for a cumulative total of 30 days or more.

     - Timeframe: The issues must arise within the first 18 months or 18,000 miles of ownership, whichever comes first, for the vehicle to be eligible under the lemon law.

Manufacturer’s Obligations

Requirement to Repair, Replace, or Refund a Defective Vintage Car

Repair: The manufacturer or dealer is obligated to attempt repairs within a reasonable number of attempts. If the defect persists, further action is required.

Replace: If the manufacturer or dealer cannot repair the defect, they must replace the vehicle with a comparable one.

Refund: Alternatively, the manufacturer or dealer can refund the purchase price of the vehicle, including the cost of any additional warranties or service contracts.

Consumer Rights and Remedies

Rights of Vintage Car Collectors Under the Lemon Law

Right to Repairs: Collectors have the right to a reasonable number of repair attempts by the manufacturer or dealer.

Right to Replacement or Refund: If the defects are not resolved after a reasonable number of attempts, collectors are entitled to either a replacement vehicle or a refund of the purchase price.

Right to Compensation: Collectors may also be entitled to compensation for incidental costs, such as towing and rental fees, incurred due to the defective vehicle.

Common Issues in Vintage Lemon Cars

Mechanical Problems

Persistent Engine Issues

Stalling: Frequent stalling can indicate significant engine problems, which can be particularly frustrating for vintage car owners who rely on their vehicle's reliability.

Overheating: Overheating issues can lead to severe engine damage if not addressed promptly, impacting the vehicle's performance and longevity.

Starting Difficulties: Difficulty starting the vehicle can be a sign of underlying engine or electrical problems, leading to frequent downtime and reduced enjoyment of the vintage car.

Transmission Problems

Difficulty Shifting: Problems with shifting gears smoothly can indicate transmission issues, affecting the vehicle’s ability to operate efficiently.

Slipping Gears: If the transmission slips out of gear unexpectedly or fails to stay in gear, it compromises the vehicle's drivability and safety.

Electrical and Electronic Failures

Recurring Battery Failures: Persistent battery issues can severely impact the reliability of a vintage car. These problems might be due to defects in the battery itself or the vehicle's charging system.

Lighting Malfunctions: Issues with the vehicle’s lighting system, including exterior lights, interior lights, or dashboard lights, can pose safety risks and hinder enjoyment, especially for vintage cars used in shows or events.

Electronic Control Issues: Although vintage cars typically have simpler electronic systems than modern vehicles, malfunctions in any installed electronic controls (such as retrofitted components or original electronic features) can affect critical systems, leading to operational inefficiencies.

Structural and Authenticity Concerns

Frame and Body Defects

Structural Integrity: Problems with the vehicle's frame, such as cracks or weak spots, can compromise the structural integrity and safety of the car.

Body Issues: Issues with the body, including rust, corrosion, or poor-quality restorations, can affect both the vehicle's appearance and safety.

Issues with Original Parts and Restoration Authenticity

Original Parts: Vintage car collectors place high value on original parts. Defects in these parts, or the use of non-original parts without disclosure, can significantly impact the vehicle's value and authenticity.

Restoration Quality: Poor-quality restoration work that fails to meet industry standards or compromises the car's authenticity can be a significant issue. This includes improper repair techniques, the use of substandard materials, or inaccurate restorations that deviate from the vehicle's original specifications.

Steps to Take if You Suspect Your Vintage Car is a Lemon

Documenting Defects and Repair Attempts

Thorough documentation is crucial when dealing with a potential lemon vehicle. It provides the necessary evidence to support your claim and shows that you have made reasonable efforts to resolve the defects. Comprehensive records help establish a clear timeline of events and the persistence of the defects, which is essential for proving that the vehicle meets the criteria for a lemon under California law.

Types of Records to Keep

Repair Orders: Collect all repair orders from each visit to the service center. These should detail the issues reported, diagnostics performed, and repairs attempted.

Receipts: Keep all receipts related to repairs, even if covered under warranty. These receipts can demonstrate the financial and time burden caused by the defect.

Communication Logs: Save all forms of communication with the dealer and manufacturer, including emails, letters, and phone call logs. Note the dates, names of representatives you spoke with, and key points discussed.

Notifying the Seller and Manufacturer

How to Formally Notify the Seller and Manufacturer of the Issues

Written Notification: Formally notify both the seller 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 seller and manufacturer cannot claim they were unaware of the issue.

Importance of Written Communication and 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.

Seeking Repairs and Resolution

Options for Getting the Vintage Car Repaired Under Warranty

Authorized Repair Facilities: Always take your vehicle to an authorized repair facility specified by the manufacturer or seller. 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.

Filing a Lemon Law Claim

To file a lemon law claim, gather all necessary documentation, including repair orders, receipts, and correspondence with the seller and manufacturer. Submit a formal claim to the manufacturer, outlining the defects and your repair attempts. If the manufacturer does not respond or fails to resolve the issue, you may need to escalate the claim to an arbitration or mediation process.

Required Documentation and Evidence

Repair Records: Detailed repair orders and receipts showing the persistent defects and repair attempts.

Communication Logs: Written correspondence with the dealer and manufacturer demonstrating your efforts to resolve the issue.

   - Proof of Purchase: Documentation showing the purchase date, vehicle identification number (VIN), and warranty coverage.

Independent Mechanic’s Report: A detailed report from an independent mechanic diagnosing the defects can strengthen your claim.