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Lemon Law for Electric Vehicles in California (2025)

Nov 18, 2024

In California, electric vehicles (EVs) are growing in popularity and seem to be everywhere. Interestingly, the Lemon Law for electric vehicles in California applies in the exact same way it does to more traditional vehicles. California passed the Song-Beverly Consumer Warranty Act, which is often called the California “Lemon Law” Act. Lemon Law regulations are intended to protect California consumers who have purchased a problematic, defective vehicle.

When you buy an EV, you purchase it with a reasonable expectation it should work properly. However, some EVs don’t work the way they’re supposed to after you’ve already bought it, and might be what’s considered a ‘lemon.’

An EV can be considered a lemon if it has a defect that seriously affects its safety, use, or value and the manufacturer/vehicle dealership has been unsuccessful in resolving the defect after attempting to fix it a reasonable number of times.

What Defects Are Covered Under Lemon Law for EVs In California?

In order to prove a claim for a defect under California Lemon Law for an EV, vehicles typically have experienced one (or more) of the following defects:

  • Battery failure or extensive issues
  • Software defects
  • Battery capacity issues
  • Braking system issues
  • Overheating problems

What Is Considered A ‘Reasonable Amount’ Of Times to Fix the EV Defect?

The amount of repair attempts is relevant to an EV qualifying under California Lemon Law. An EV typically qualifies as a defective lemon if the manufacturer or dealership has made at least four attempts to resolve the same vehicle issue. Or, an EV can qualify if the issues could result in serious injuries or death. Further, an EV can be considered a lemon if it’s been out of service for at least 30 days due to the vehicle defects.

What Should I Do If I Suspect My EV Is a Lemon?

If you believe your EV is a lemon, it’s important to collect as much vehicle documentation as possible. You should gather:

  • Information about the EV purchase
  • Any repair records (including the work performed and the results)
  • Any dates the EV wasn’t available to use because of the repairs
  • Any correspondence with the EV manufacturer and/or dealership
  • Vehicle registration
  • Warranty documentation
  • Any relevant photos/videos of your EV’s issues
  • Any other documentation or relevant records related to the EV problem

You can then consider all available options, which usually include:

  • Asking the EV manufacturer to buy back your EV
  • Asking them to replace it, or
  • Negotiating a settlement with the manufacturer

A trusted California Abogado de la Ley del Limón with experience resolving EV claims can comprehensively discuss your legal rights and consumer protections.

Why Should I Hire a California Lemon Law Attorney for My Claim?

An experienced attorney familiar with California Lemon Law can help:

  • Explain complicated Lemon Laws for California
  • Explore the legal process for your EV
  • Advocate on your behalf if you have problems getting the manufacturer to buy back/replace your EV
  • Explain the tactics sometimes used by manufacturers/dealerships to avoid legal responsibility for defective EVs
  • Secure a better settlement or replacement EV for you
  • Improve your chances of winning a Lemon Law case
  • Act as your legal advocate throughout the entire process

Some EVs can have substantial defects. If you think your defect affects your EV’s safety, value, and/or use, you may have a valid California Lemon Law claim. A well-informed attorney can help fully discuss your claim and answer any questions you might have. A California Lemon Law attorney familiar with EVs can help with a claim under the Song-Beverly Consumer Warranty Act.

Preguntas frecuentes

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

A: In California, a vehicle can typically qualify for Lemon Law protections if:

  • There’s a serious vehicle defect affecting its safety, use, or value that presented during the warranty time frame
  • The vehicle owner made reasonable attempts to repair the defects
  • The vehicle defect wasn’t caused by after-market (unauthorized) modifications or owner neglect or abuse

Documentation is important to show defects, repair attempts, and the steps the dealership/manufacturer took to try to fix the defect.

Q: Are Used Electric Vehicles Part of California’s Lemon Law Protections?

A: In California, the Lemon Law covers some used vehicles (plus leased and new vehicles). If you own an electric used vehicle with defects, it’s important to obtain a warranty for a transferred new car, a warranty for a certified pre-owned vehicle, or a warranty for a Lemon Law buy-back. If you’re unsure if your used vehicle qualifies for a claim for a lemon, an experienced California Lemon Law attorney can help.

Q: How Hard Is It to Win a Lemon Law Case for an Electric Vehicle in California?

A: In California, it can be difficult to win any Lemon Law case, as the law mandates substantial documentation to prove the vehicle defects and the attempts to remedy the defects. While it’s not impossible to win a Lemon Law case for an electric vehicle, most people should consider contacting an attorney to help with this complex area of law and to increase the likelihood of winning your case.

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

A: In California, the typical settlement amount for a Lemon Law case varies, which usually depends on the number of defects involved, the complexity of the case, and an attorney’s experience level.

However, a seasoned attorney can help improve your possibility of recovering financially and improve the overall settlement value. An experienced attorney can discuss your potential available options for resolving your Lemon Law case and help estimate the amount you might anticipate recovering.

Consult an Experienced California Electric Vehicle Lemon Law Lawyer Today

A knowledgeable California Lemon Law attorney can help discuss a potential Lemon Law claim for an electric vehicle case with you right away. The Ley del Limón Pro team can discuss your specific vehicle, and the vehicle history to date, and can begin to help right away. Additionally, we do not charge clients any attorney fees.

Our legal team represents clients statewide and can make sure your rights are protected and help maximize the overall value of your electric vehicle Lemon Law defect claim. Contact our office right away to get help from an experienced California Lemon Law attorney.

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