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Common California Lemon Law Myths Debunked (2025)

Dec 20, 2024

If you are the owner of a vehicle that’s repeatedly experienced issues, it might be considered a ‘lemon.’ In California, Lemon Law exists to help protect you and hold the vehicle manufacturer and/or car dealership responsible. However, it’s sometimes misunderstood, leaving California consumers without the financial recovery to which they are entitled. Make sure this doesn’t happen to you, and explore some common California Lemon Law myths debunked.

California enacted the Song-Beverly Consumer Warranty Act, which is also more commonly called the California “Lemon Law” Act. Lemon Law regulations are designed to protect consumers in California who have purchased a defective vehicle.

Debunking Some Common California Lemon Law Myths

California maintains some of the strongest protections in the country for consumers of lemon vehicles. It’s important to learn the truth about this area of law.

Some common myths about Lemon Law in California include:

  • Lemon Law protections only apply to new vehicles – This isn’t true, as the Lemon Law applies to all types of vehicles (new, used, leased) so long as they’re still covered under warranty from the manufacturer or car dealership.
  • Lemon Law only protects mechanical issues – This is false since the California Lemon Law applies to substantial non-mechanical issues affecting the vehicle’s safety, use, or value.
  • The vehicle must be in perfect condition – This isn’t true because consumer protections apply even if the vehicle isn’t in perfect condition.
  • Lemon Law won’t help when the warranty has expired – The Lemon Law can potentially apply even if a problem happens after the expiration of the warranty.
  • Claims can’t be filed once the vehicle’s been fixed – The fact remains that you can still pursue a Lemon Law claim once the vehicle has been repaired, particularly if the vehicle defect/issue returns and causes problems in the future.
  • Lemon Law doesn’t apply to electric vehicles (EVs) – Lemon Law absolutely applies to EVs in the exact same way they do to more traditional vehicles.

When you buy a vehicle, you have a reasonable expectation it should work properly. However, some vehicles don’t work the way they are expected to and can qualify as a ‘lemon.’ If you think you have a lemon, an attorney familiar with resolving Lemon Law claims in California can help.

Myth Concerning Hiring a California Lemon Law Lawyer

An attorney can help with a lemon car, truck, recreational vehicle, SUV, trailer, boat, or motorcycle. However, another myth exists about the cost of retaining a qualified Lemon Law attorney. Most people think hiring a lawyer is costly. However, in California, if you win your Lemon Law case, the manufacturer and/or car dealership have to pay legal fees and costs, which means it costs absolutely nothing to hire a Lemon Law attorney.

It’s important to consult our Lemon Law attorneys right away. Our team is well-versed in the California Lemon Law and is here to protect your rights and maximize the outcome of your claim.

FAQs

Q: What Is the Average Settlement Amount for a California Lemon Law Case?

A: In California, the average amount you can expect to receive for a settlement with a Lemon Law claim depends on the number and type of defects involved and the experience level of your counsel.

An experienced attorney can be invaluable to help maximize your financial recovery and improve your case value. A California Lemon Law attorney can discuss your available resolution options and help further estimate the settlement amount you might expect.

Q: How Hard Is It to Win a Lemon Law Case in California?

A: It can be hard to win a Lemon Law case in California because the law requires extensive documentation in order to prove the defects of the vehicle and to prove reasonable attempts were made to remedy the vehicle. It is wise to consult with a seasoned Lemon Law attorney who is well-versed in this complicated area of California law and who can maximize your recovery for your lemon claim.

Q: What Qualifies You for Lemon Law Protections in California?

A: To qualify for Lemon Law protections in California, you can prove the following:

  • A major vehicle defect affected vehicle safety, use, or value, which first-presented during the time frame under warranty
  • The owner took the vehicle in for a reasonable number of attempts to fix the defects
  • The owner did not neglect or abuse the vehicle, and the issues were not caused by after-market vehicle modifications

Thorough documentation is crucial to prove the issues, repair efforts, and the manufacturer/dealership attempts to cure the defects.

Q: What Formula Is Used for Lemon Law Buyback in California?

A: The formula traditionally used to calculate Lemon Law buyback in California is:

(Miles driven/120,000) x (purchase price of the vehicle) = mileage offset

The mileage offset is then subtracted from the vehicle’s purchase price to calculate the buyback payout.

Sometimes, the buyback amount covers other things like repair costs, rental car fees, or towing costs, plus the manufacturer sometimes deducts a ‘usage fee.’

A Lemon Law attorney can help explain buyback calculations and determine whether your California vehicle qualifies for lemon buyback.

Consult Experienced Statewide Lemon Law Attorneys in California Today

A knowledgeable California Lemon Law attorney can help discuss the myths addressed above and properly debunk and explain them. The Lemon Law Pro team is ready to discuss your individual vehicle and can help right away.

At Lemon Law Pro, our Lemon Law team won’t ever ask you for any money for your claim. You can schedule a completely free consultation to discuss your specific goals. If we decide to take your case, our team won’t collect any lawyer fees or costs from you.

If we win, California law lets us recover our fees and costs right from the vehicle manufacturer and/or car dealership. The Lemon Law protects consumers in this way and allows all California consumers to have skilled Lemon Law counsel regardless of their income.

Our compassionate legal team can help protect your rights while maximizing the value of your California vehicle Lemon Law defect claim. Contact our Lemon Law team right away to get the help you deserve from skilled California Lemon Law attorneys.

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