Lemon laws in California continue to evolve with recent changes. Knowing how these laws apply to you can give you options if you think you have purchased a lemon. The California Tanner Consumer Protection Act helps to define when lemon laws are applicable.
Hire a Lemon Law Attorney
It can be difficult to prove that your vehicle is a lemon when the manufacturer is motivated to prevent this type of claim. When you hire a lemon law attorney in California, you gain an ally who can help you get fair compensation. At Lemon Law Pro, we are dedicated to getting you results.
California Lemon Law Enforcement
California is home to more than 39 million residents. For many residents, their commute to work is dependent on the use of a reliable vehicle. The average commute time is 29 minutes, slightly above the national average of 26.6 minutes. More than half of workers (67.1%) drive alone during their commute.
When a new car becomes unreliable due to a manufacturer’s defect, you may have protection under the California lemon law. The California Department of Consumer Affairs tracks Bureau of Automotive Repair complaints submitted by consumers. During fiscal year 2024 to 2025, the fourth quarter received a total of 4,801 consumer complaints.
If mediation fails to resolve the complaint, California residents can file a civil claim in the state superior court located in the county in which they live or where the vehicle was purchased.
The California Tanner Consumer Protection Act Explained
California’s lemon law is defined by the statutes found in the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, with a recent provision from Assembly Bill 1755.
The Song-Beverly Consumer Warranty Act requires manufacturers to repair defective products within a reasonable number of attempts. If repairs fail to correct the defect, the manufacturer is responsible for replacing or refunding the cost of the item.
The Tanner Consumer Protection Act expands on the Song-Beverly Consumer Warranty Act states:
- What a lemon is. A vehicle is presumed to be a lemon if it meets specific criteria. Within the first 18 months or 18,000 miles, whichever happens first, if the car experiences a repeated defect that is not corrected by repairs, it is classified as a lemon.
- What a reasonable number of repairs means. When a defect is non-serious, four or more attempts have to be made to repair the defect. For serious defects that could cause harm, two or more attempts have to be made.
- You can also qualify if your vehicle is unavailable for more than 30 days due to needed repairs. The days are cumulative and do not have to occur at one time.
- Once the consumer demonstrates the legal presumption of being a lemon, the manufacturer bears the burden of proving that the vehicle is not a lemon. This shift makes it easier for consumers to exercise their rights.
- Consumers have two remedies if their vehicle is deemed a lemon. The manufacturer can offer to repurchase the vehicle, including registration costs, taxes, and any towing fees, or replace the vehicle. The consumer is responsible for paying a usage fee if the vehicle is repurchased.
FAQs
Who Is Protected by the California Tanner Consumer Protection Act?
Consumers who purchase or lease a new vehicle that has a manufacturer’s new vehicle warranty are covered by the California Tanner Consumer Protection Act. You may also be covered if you purchase a pre-owned vehicle that is still under the original warranty.
Individuals and businesses are covered, but businesses are only covered if they have five or fewer vehicles and the vehicles weigh under 10,000 pounds.
What Types of Vehicles Are Covered Under the California Tanner Consumer Protection Act?
There are several types of vehicles that are covered under the California Tanner Consumer Protection Act. New, pre-owned, dealer-owned, and demonstrator vehicles are covered and can be cars, trucks, vans, SUVs, motorcycles, or motor homes.
The vehicles should be for personal, family, household, or business use if the business has five or fewer cars. Motor homes are only covered for the propulsion components, including the engine, drivetrain, and chassis.
How Much Do Lemon Law Attorneys Charge in California?
Lemon law attorneys in California do not charge consumers any upfront costs when taking a case. The Song-Beverly Consumer Warranty Act has a provision requiring manufacturers to cover attorney costs in lemon law cases.
Lemon law cases are treated the same as contingency fee cases, where the attorney only gets paid if they are successful with your case. The initial consultation is also often free. Some firms do charge some additional fees, which can be discussed during the first consultation.
Can I File a Lemon Law Claim After the Warranty Expires?
Under Assembly Bill 1755, you have up to one year after the manufacturer’s warranty expires to file a lemon law claim. However, no claims can be brought later than six years after the vehicle was originally purchased.
When filing a lemon law claim, you must provide written notice to the manufacturer of your intention to file a claim and your preferred method of resolution. The manufacturer has the right to request that the vehicle be repaired before the claim process.
Can I Seek Pain and Suffering Damages During a Lemon Law Case in California?
Even if the issues with your vehicle caused emotional distress, California does not allow for the award of non-economic damages in a lemon law case. Lemon law claims are considered an action under contract that is not eligible for this type of damage award.
The only exception is in cases where the manufacturer engages in improper conduct. In these cases, civil penalties can be awarded for up to twice the consumer’s actual damages.
Contact Lemon Law Pro
Our team has helped clients throughout California facing the challenge of getting a lemon repurchased or replaced. We can negotiate and litigate on your behalf, so you receive fair compensation. Contact Lemon Law Pro today to schedule a free consultation.
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