Broken Down Again? Check If You Have a Lemon

Broken down again? If your car keeps visiting the shop for the same issues, you may be wondering whether it qualifies as a “lemon.” This article explains, in plain English, how California’s lemon law works and what you can do right now to protect your potential claim. It’s for general information only and isn’t legal advice—every situation is different. If you’re unsure where you stand, ZapLemon can help you review your options.

How California’s Lemon Law Applies to Your Car

California’s lemon law (part of the Song-Beverly Consumer Warranty Act) protects many vehicles that have substantial defects covered by a manufacturer’s warranty. It generally applies to new cars, trucks, and SUVs purchased or leased in California, and in many situations can also apply to certain used or certified pre-owned vehicles that are still under the manufacturer’s warranty or came with a dealer warranty. The core idea is simple: if a defect substantially impairs the vehicle’s use, value, or safety, and the manufacturer can’t fix it after a reasonable number of attempts, you may be entitled to a legal remedy.

What counts as a “reasonable number” varies by circumstances. California has a guideline called a “legal presumption” that may apply within the first 18 months or 18,000 miles, such as: multiple repair attempts for the same problem, fewer attempts for serious safety issues (like brake or steering failures), or a total of 30 or more days the car is out of service for warranty repairs. These are not hard-and-fast rules for every case, and situations outside these guidelines can still qualify. Remedies may include a repurchase (often called a “buyback”) or a replacement vehicle, depending on the facts and the law.

Defects that commonly trigger lemon concerns include transmission slipping or shuddering, engine stalling, repeated check-engine lights, electrical failures and battery drains, brake pulsation or failure, steering pull or loss of power assist, HVAC failures, water leaks, infotainment system freezes, ADAS issues like false emergency braking, and EV charging or range problems. The key is persistence and impact: intermittent issues can count if they substantially affect use, value, or safety. Small business vehicles may qualify in some circumstances, too. If you’re not sure whether your situation fits, it’s worth asking questions early.

Steps to Document Repairs and Protect Your Claim

Start with thorough documentation. Each time you visit the dealer, clearly describe your concerns and ask that the service advisor write your exact complaint on the repair order (e.g., “vehicle stalls at stoplights,” “transmission hesitates between 2nd and 3rd gear,” “battery drains overnight”). Always get a copy of the repair order and final invoice. Keep a simple log noting the date, mileage in and out, symptoms, what was done, and whether the problem returned.

Gather supporting proof. Take photos or short videos capturing warning lights, noises, leaks, or error messages. Save tow receipts, rental car records, and any messages with the dealer or manufacturer. Ask about technical service bulletins (TSBs) and recalls that may relate to your symptoms. If you speak with the manufacturer’s customer care, request a case number and follow up in writing so there’s a paper trail. Avoid clearing codes or factory-resetting the vehicle before service, and don’t modify the car in ways that could complicate warranty coverage.

Know your warranty and timelines. Review your warranty booklet to see what’s covered and for how long. There are time limits for bringing claims, so acting promptly can make a difference. You can consider manufacturer arbitration programs, which are optional and not always the best fit for every situation. If safety is a concern, prioritize your well-being—don’t drive a vehicle you believe is unsafe. When in doubt, ask questions. ZapLemon can walk you through your options and help you understand the process so you can make an informed decision.