California's Song-Beverly Consumer Warranty Act, the lemon law, forces a manufacturer to buy back or replace a vehicle it cannot fix under warranty. Manufacturers count on you not knowing where the line is. Here are the five signs you're across it.
1. The same problem keeps coming back
Two or more failed repair attempts on a serious safety defect, or roughly four on any substantial defect, supports a lemon claim. 'Substantial' means it impairs the use, value, or safety of the car: stalling, transmission shudder, electrical failures, phantom braking.
2. The car keeps living at the dealership
Thirty or more cumulative days out of service for warranty repairs is a classic marker, and they don't have to be consecutive or for the same defect.
3. 'They all do that'
When the service advisor says the defect is 'normal operation' or can't be duplicated, that visit still counts as a repair attempt. Keep the repair order. A pattern of no-fix visits is exactly what these cases are built on.
4. The defect showed up early and often
Problems that appear within the warranty period qualify even if the warranty later expires, and used cars sold with the balance of the factory warranty, including certified pre-owned, are covered too.
5. You'd never have bought it knowing this
That instinct tracks the legal standard: would a reasonable buyer consider the defect substantial? If yes, the remedy is powerful: your down payment, monthly payments, and loan payoff refunded, minus only a usage offset for the miles before the first repair attempt, or a replacement vehicle if you prefer. Willful violations can double damages as a civil penalty.
The part manufacturers hate most
Song-Beverly makes the manufacturer pay your attorney fees when you win. Representation costs you nothing out of pocket, which is exactly why manufacturers settle faster with represented owners. Gather your repair orders and purchase contract, and get a lemon law evaluation before you trade the problem in at a loss.
Questions about your situation? The consultation is free and the advice is honest. Call (310) 598-9614, 24/7.