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  • Ben Beck

What Voids the Lemon Law in California?

The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, stands as a beacon of consumer protection, specifically designed to shield buyers of new and used vehicles that fail to meet quality and performance standards. This law mandates that if a manufacturer or dealer cannot fix a vehicle to conform to its warranty after a reasonable number of attempts, they must either replace or refund the vehicle to the consumer. Primarily, this legislation aims to protect consumers from the financial and emotional strain of dealing with a defective vehicle, also known as a 'lemon.'


Understanding the scope and purpose of the California Lemon Law is crucial for any vehicle owner within the state. It not only outlines the responsibilities of manufacturers and dealerships but also delineates the rights of consumers when their vehicles fail to perform as promised. However, while California's lemon law provides significant protections, it is not unconditional. Certain actions taken by the vehicle owner or specific circumstances can void these protections, leaving consumers unexpectedly vulnerable and without recourse.


Find out what voids the lemon law in California before you decide to file a lemon law claim.

Missteps such as unauthorized modifications, neglecting maintenance, or misuse of the vehicle can all undermine a legitimate claim under this law. As such, vehicle owners must be vigilant and informed about their responsibilities to ensure they maintain their eligibility for protection with their motor vehicle.


In this blog, we will shed light on these critical considerations, outline to consumers the protections offered by the California Lemon Law and help them understand how to avoid inadvertently voiding their rights under this pivotal legislation.


We will cover the following topics:

  1. Understanding the California Lemon Law

  2. Actions That Can Void Your Lemon Law Claim

  3. Documentation and Reporting: Keys to Preserving Your Lemon Law Rights

  4. Legal Processes and Seeking Professional Advice

  5. Why Choose The Beck Law Office to Represent You?


1. Understanding the California Lemon Law

The California Lemon Law, otherwise known as the Song-Beverly Consumer Warranty Act, is a robust piece of legislation designed to protect consumers who purchase or lease new or used vehicles sold with a manufacturer's warranty. This law plays a crucial role in ensuring that vehicles meet their promised levels of quality and performance. When a vehicle fails to live up to these standards, the Lemon Law steps in to offer recourse to consumers, underscoring the state's commitment to consumer rights and protection.


Explanation of The Song-Beverly Consumer Warranty Act

The Song-Beverly Consumer Warranty Act (also known as the California Lemon Law) provides a legal framework that compels manufacturers and car dealers to honor their warranties by fixing defects that significantly impair the use, value or safety of a vehicle. If the manufacturer cannot repair the vehicle to conform to the warranty after a reasonable number of attempts, it must either replace the defective vehicle with a new one or refund the purchase price to the consumer, minus an amount for the consumer's use of the vehicle.


Change to the Song-Beverly Act Effective from July 2023

Effective July 1, 2023, the Song-Beverly Consumer Warranty Act was amended to address the commencement of express warranties for consumer products that are delivered to the purchaser after the sale date. This revision mandates that express warranties for such products must not become active on the sale date. Instead, the express warranty period is required to commence on the date the product is actually delivered to the consumer in California.


This legislation encompasses a broad spectrum of vehicles, such as automobiles, trucks, and motorcycles, in addition to the chassis, chassis cab, and drivetrain components of motorhomes. The law applies to both new and pre-owned vehicles, as long as they are under the original manufacturer's car warranty.


Criteria for a Vehicle to Be Considered a 'Lemon'

For a vehicle to be classified as a 'lemon' under the California Lemon Law, several criteria must be met, whether it is a new or used vehicle:


  • Substantial Impairment: The vehicle defect must substantially impair its use, value or safety. This means the defect must be serious enough to affect the vehicle's operation, reduce its market value, or compromise its safety features.

  • Reasonable Number of Repair Attempts: The manufacturer or its authorized repair facility must have been given a reasonable number of attempts to fix the defect. While the law does not specify a precise number, the nature of the defect and the number of days the vehicle is out of service are considered.

  • Warranty Coverage: For a valid car lemon law claim, the vehicle must have been under the manufacturer's warranty at the time the defect was reported.


What is the Presumption Period

The California Lemon Law includes a 'presumption period' that provides specific guidelines to help determine if a vehicle qualifies as a lemon. This period extends for 18 months from the delivery date of the vehicle to the consumer or for 18,000 miles on the vehicle's odometer, whichever comes first. During this period, a vehicle is presumed to have exceeded a reasonable number of repair attempts if any of the following conditions are met:


  1. Two or More Attempts to Repair a Safety Defect: If a safety defect that could cause death or serious bodily injury has been subject to repair at least two times without success, the vehicle is presumed to be a lemon.

  2. Four or More Attempts to Repair the Same Non-Safety Defect: For non-safety-related defects, if the manufacturer has attempted to repair the same problem four or more times, the vehicle is presumed to be a lemon.

  3. Vehicle Out of Service for More Than 30 Days: If the vehicle has been out of service for more than 30 days (cumulative, not necessarily consecutive) for repair of any number of defects, it is presumed to be a lemon. These days do not need to be within the presumption period but must occur within the vehicle warranty period.


Understanding the criteria and the presumption period is crucial for consumers seeking relief under the California Lemon Law.

Understanding these criteria and the presumption period is crucial for consumers seeking relief under the California Lemon Law. It empowers them to recognize when they may have a valid claim and how to proceed with seeking a remedy.


2. What Actions Can Void Your Lemon Law Claim

Navigating the intricacies of California's Lemon Law requires not just an understanding of the protections it offers but also an awareness of actions that can potentially void a claim. Certain actions taken by the vehicle owner, whether intentional or not, can significantly impact the validity of a Lemon Law claim.


Here are key actions to be mindful of:


👉 Unapproved Modifications or Alterations:

Modifications, unauthorized repairs or alterations not approved by the manufacturer can severely jeopardize a Lemon Law claim. These changes can affect the vehicle's performance, safety, and reliability, making it difficult to ascertain whether defects are due to manufacturing flaws or the modifications themselves.


  • In other words: Alterations that deviate from the manufacturer's specifications or that are not approved by the manufacturer can void a Lemon Law claim. This is because such modifications can interfere with the diagnosis of defects, potentially causing new issues or exacerbating existing ones.

  • Examples: Common modifications that might affect Lemon Law claims include aftermarket performance enhancements, suspension changes, engine modifications and alterations to the electrical system. Even aesthetic modifications could potentially impact a claim if they affect the vehicle's operation or safety.


👉 Failure to Follow Maintenance Guidelines:

Adhering to the manufacturer's recommended maintenance schedule is not just good practice for vehicle upkeep; it is also crucial for maintaining eligibility under the purchase or lease agreement and under the Lemon Law.


  • Importance of Regular Maintenance: Regular maintenance ensures the vehicle operates as intended. Failure to follow these guidelines can lead to mechanical failures or issues that are not covered under the Lemon Law, as they stem from neglect rather than inherent defects.

  • Consequences: Neglecting vehicle maintenance can lead to a voided claim if the manufacturer can demonstrate that the lack of maintenance, rather than a manufacturing defect, caused the issue. This makes it essential for owners to keep detailed records of all maintenance performed on the vehicle.


👉 Misuse of the Vehicle:

Using the vehicle in a manner not intended by the manufacturer is another action that can void a Lemon Law claim. This includes using non-road vehicles for off-roading, racing or any other activities that strain the vehicle beyond its intended use.


  • Consequences: Misuse of the vehicle can result in damages or wear that would not be covered under the Lemon Law. The law protects consumers from manufacturing defects, not from damages caused by improper use.

  • Legal Implications: If a vehicle defect or issue arises as a direct result of misuse, the manufacturer has grounds to deny a Lemon Law claim. This underscores the importance of using the vehicle in accordance with the manufacturer's guidelines.


👉 Accidents or Damage Caused by the Owner:

Accidents or intentional damage caused by the owner can also impact Lemon Law protections. Such incidents can complicate claims, as they introduce variables unrelated to the manufacturing quality or integrity of the vehicle.


  • Effect on Protections: Damage from accidents or intentional acts by the owner can void Lemon Law protections if such damage is responsible for the vehicle's issues. This makes it challenging to attribute defects to manufacturing faults.

  • Impact on Eligibility: Insurance claims and repairs following an accident can affect Lemon Law eligibility. It is crucial for repairs to be made at authorized service centers and following manufacturer specifications to maintain claim validity.


Learn about the actions that can potentially void a lemon law claim.

Understanding and avoiding these actions can safeguard your rights under the California Lemon Law. Vehicle owners should exercise caution, adhere to maintenance schedules, and use their vehicles as intended to ensure they remain eligible for protection under this vital consumer rights law.


3. Documentation and Reporting

Successfully navigating a Lemon Law claim in California hinges on meticulous documentation and timely reporting. These elements are fundamental in establishing the validity of a claim and ensuring consumers can effectively exercise their rights under California lemon laws. Understanding the importance of documentation and the procedures for reporting issues can make a significant difference in the outcome of a Lemon Law case.


Proper Documentation in Supporting a Lemon Law Claim

Proper documentation acts as the backbone of a strong Lemon Law claim. It provides concrete evidence of the issues encountered, the attempts made to resolve those issues, and the impact on the vehicle's use, value or safety. Keeping thorough records can significantly bolster a claim, demonstrating a clear history of the defect and the efforts to address it.


  • What to Document: It is crucial to keep detailed records of all communications with the manufacturer or dealer, repair orders, service reports, and any other documents related to the vehicle's condition and the attempts to fix it. Notes on conversations, including dates, names, and the substance of discussions, can also be invaluable.

  • Importance: This documentation serves to prove that the vehicle has been given a reasonable number of attempts to be repaired and that the issue persists, satisfying key criteria of the Lemon Law.


Timelines and Procedures for Reporting

Timely reporting of issues to the manufacturer or authorized dealer is equally important. The California Lemon Law outlines specific timelines and procedures for consumers to follow, ensuring that manufacturers are allowed to address the defects.


  • Initial Reporting: Defects should be reported as soon as they are noticed, within the vehicle warranty period. This initiates the repair process under the warranty's terms.

  • Following Up: If the issue persists after an initial repair attempt, it is critical to report subsequent problems immediately. This demonstrates the ongoing nature of the defect and the manufacturer's inability to fix it.


Failure to Report or Document Can Jeopardize a Lemon Law Claim

The failure to properly report issues or maintain documentation can severely jeopardize a Lemon Law claim outcome. Without evidence of the defect and repair attempts, or if there's a significant delay in reporting issues, it becomes challenging to prove that the vehicle qualifies as a lemon under the law.


  • Lack of Documentation: Without detailed records, it is difficult to establish the history of defects and repair attempts, potentially leading to disputes over the facts of the case.

  • Delay in Reporting: Delaying the reporting of issues can weaken a claim by suggesting that the defects were not significant enough to warrant immediate action, or it may even fall outside the relevant warranty or presumption period, undermining the claim's basis.


the meticulous documentation and timely reporting of vehicle defects are indispensable in preserving your Lemon Law rights.

In essence, the meticulous documentation and timely reporting of vehicle defects are indispensable in preserving your Lemon Law rights. These practices ensure that consumers have a solid foundation for their claims, enabling them to navigate the legal process more effectively and assert their rights with confidence. Vehicle owners should prioritize these steps from the moment they suspect their vehicle may be a lemon to safeguard their interests and facilitate a favorable resolution.


4. Legal Processes and Seeking Professional Advice

Navigating the legal intricacies of a Lemon Law claim in California can be a daunting task for many consumers. Understanding the legal process and recognizing when to seek professional advice from a lemon law lawyer are critical steps in effectively pursuing a claim.


This section outlines the legal framework for Lemon Law claims, highlights the importance of legal counsel, and discusses common pitfalls that could potentially undermine a claim.


The Legal Process for Pursuing a Lemon Law Claim in California

The legal process for pursuing a Lemon Law claim in California involves several key steps, starting from the initial complaint to potential litigation or arbitration. Here’s a brief overview:


  1. Documentation and Reporting: As previously discussed, the first step involves thoroughly documenting the vehicle's issues and reporting them to the manufacturer or dealer.

  2. Manufacturer’s Opportunity to Repair: The law requires that the manufacturer be given a reasonable number of attempts to repair the vehicle. This typically means at least two attempts for safety-related issues and other substantial defects.

  3. Demand for a Replacement Vehicle or Refund: If the vehicle cannot be repaired satisfactorily after a reasonable number of attempts, the consumer can demand a replacement or refund from the manufacturer.

  4. Dispute Resolution: Many manufacturers offer arbitration programs to resolve Lemon Law disputes. While participation is voluntary for consumers, it can be a faster alternative to litigation.

  5. Filing a Lawsuit: If a satisfactory resolution is not reached through arbitration or direct negotiation, the consumer may file a lawsuit against the manufacturer. This step requires navigating complex legal procedures and effectively arguing the case in court.


When to Seek Legal Advice from a Lemon Law Attorney

Seeking professional legal advice from an experienced lemon law attorney is advisable at any stage of the process, but particularly if:


  • The Manufacturer is Unresponsive or Denies the Claim: A specialist lemon law lawyer can negotiate more effectively with the manufacturer.

  • You are Considering Arbitration or Litigation: Legal proceedings require knowledge of court procedures and evidence laws.

  • You Need to Understand Your Rights Fully: An experienced lemon law attorney can provide clarity on your rights and the potential outcomes of your case.


Legal counsel is invaluable in navigating the complexities of the law, ensuring that your claim is presented as strongly as possible, and helping to avoid common pitfalls that could jeopardize your case.


Common Pitfalls in the Legal Process That Can Void Your Claim

Several pitfalls can undermine a Lemon Law claim:


  • Incomplete Documentation: Failing to keep comprehensive records of repairs, complaints and communications can weaken your case.

  • Miscommunication: Inconsistent statements or failing to communicate effectively with the manufacturer or your attorney can lead to misunderstandings that affect your claim.

  • Missing Deadlines: There are specific timelines within which actions must be taken (e.g., filing a lawsuit). Missing these deadlines can result in losing the right to pursue a claim.

  • Accepting an Inadequate Settlement: Without proper legal advice, consumers may accept settlements that are less favorable than what could be obtained with legal representation.


Choose The Beck Law Office for expert advice and a successful track record in negotiating lemon law claims in California.

In summary, the legal process for pursuing a Lemon Law claim in California requires careful navigation and a thorough understanding of legal rights and procedures. Seeking professional legal advice can provide consumers with the expertise necessary to navigate these complexities effectively, avoid common pitfalls, and achieve a good resolution to their Lemon Law claim.


Why Choose The Beck Law Office to Represent You?

Choosing the right legal representation is crucial when pursuing a Lemon Law claim, as the expertise and experience of your lemon law attorney can significantly influence the outcome of your case. Here, at The Beck Law Office, we are proud to say that our experienced lemon law lawyers have successfully negotiated hundreds of lemon law cases, and our valued customers continue to put their faith in us for the following reasons:


  1. Specialization in Lemon Law: Our experienced lemon law attorneys bring focused expertise to every case. They are well-versed in the nuances of California lemon law, stay updated on relevant legal changes and understand the strategies that are most effective in these cases.

  2. Experience and Track Record: Our strong track record in successfully negotiating Lemon Law claims offers reassurance to our clients who continue to trust us to navigate the complexities of their claims.

  3. Personalized Attention: We pride ourselves on providing personalized attention to our clients with focused care and the dedicated effort it deserves, ensuring that all aspects of your claim are thoroughly explored and leveraged in your favor.

  4. Understanding of Technical Issues: Lemon law cases often involve complex technical vehicle issues. Our specialist attorneys possess the technical expertise necessary to understand and argue these complexities effectively against manufacturers and car dealerships.

  5. Negotiation Skills: Effective negotiation with manufacturers and dealerships is critical in lemon law cases. Our expert lawyers have honed negotiation skills, increasing the chances of reaching a favorable settlement without the need for prolonged litigation.

  6. Litigation Experience: If a case goes to court, you will want a law firm with solid litigation experience. You can be confident that our background in taking Lemon Law cases to trial and winning will provide a significant advantage if your claim cannot be settled outside of court.


Contact Us Today

Navigating the complexities of a lemon law claim can seem daunting, but you don't have to go through it alone.


Contact us today for a free initial consultation to discuss your case freely, without obligation, allowing you to gauge our expertise and approach. Our contingency fee structure means we are invested in your success and there are no upfront costs - we only get paid if you win!


Take the first step towards resolving your lemon law case today. Choose The Beck Law Office where your needs and success are our top priorities.

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