Lemon laws are designed to protect drivers from unscrupulous vehicle dealerships. They work by forcing dealerships to buy back vehicles that can’t be easily fixed to meet their warranty requirements. It’s important to understand how lemon law applies to hybrid vehicles in California.
What Is a Lemon?
A lemon is a new car with either one major defect or a series of recurring problems that dealers or other mechanics cannot easily remedy. Lemon laws were designed to give consumers peace of mind when they purchase new cars.
The lemon laws in California are known as the Tanner Consumer Protection Act, codified within the Song-Beverly Consumer Warranty Act. Under this act, a vehicle can be presumed to be a lemon if one of the following occurs within 18,000 miles or 18 months of delivery:
- A serious safety defect that has undergone two or more unsuccessful repair attempts by the manufacturer.
- A general defect that impairs the vehicle’s use, value, or safety substantially and has undergone at least four unsuccessful repair attempts.
- A warranty-related issue that has caused the vehicle to be out of service for a cumulative total of 30 days or more.
Manufacturer Requirements Under the Lemon Law
When a vehicle is identified as a lemon, the manufacturer must:
- Repurchase the vehicle. This involves refunding the purchase price, including any taxes and fees paid by the driver, minus a deduction for the time the vehicle was driven before the first repair.
- Replace the vehicle. This involves the dealer providing a comparable new vehicle, which includes paying for its registration and taxes.
How California Lemon Laws Apply to PHEVs
Plug-in hybrid electric vehicles (PHEVs) are treated just like other cars under California’s lemon laws. These vehicles are more complex than traditional gas vehicles in some ways, so it’s not uncommon for them to experience issues covered by the Tanner Act. Common causes of car troubles in PHEVs in California include:
- Battery degradation
- Sudden power loss at highway speeds
- Charging system failures
- Thermal management malfunctions
PHEVs can also experience mechanical difficulties similar to those seen in traditional gas cars. No matter what is wrong with your vehicle, you can hold the manufacturer responsible for repairing it, replacing it, or refunding your money under the Tanner Act.
How Common Are Lemons in California?
One study shows the frequency with which consumers must take advantage of California’s lemon law. It studied over seven million vehicles registered in the Golden State from 2018 through 2021. Of those, only 34,397 were declared lemons in court as a result of claims filed. That said, most cases do not go to trial. A lemon lawyer can usually resolve your lemon law case in negotiations with the manufacturer’s insurance company.
How a Lawyer Can Help
If you’ve bought a lemon, you can hire a lemon law attorney to help you resolve the issue. You’ll have to follow the provisions of California’s lemon laws, allowing the manufacturer or dealer to make the requisite number of repair attempts given the nature of your underlying problem, before you can have your car replaced or refunded. At that point, you can work with a lawyer to make sure the manufacturer holds up its end of the deal. Your lawyer can:
- File paperwork
- Evaluate the evidence
- Protect your rights and interests
- Help you get your money back or get your car replaced
- Handle all the details of your case for you
- Keep you apprised of progress as the case moves forward
Hiring a lemon lawyer is the most effective way to take advantage of California’s lemon law and get your vehicle replaced or refunded if it is not operating according to the manufacturer’s specifications. If you’re having an issue that violates the warranty, you should hire a lemon lawyer right away.
FAQs
What Is the Rebate for Plug-In Hybrid Cars in California?
There is no longer a statewide rebate for plug-in hybrid cars in California. The Clean Vehicle Rebate Project (CVRP) closed to new applications in 2023. Now, available rebates are typically income-qualified or administered regionally through local utilities. You can check with your utility provider, for example, regarding rebates for the installation of Level 2 chargers.
What Qualifies You for the Lemon Law in California?
To qualify for the lemon law in California, your vehicle must have a serious, recurring defect that substantially impairs its use, value, or safety. The defect must be covered by the vehicle’s warranty and reported during the warranty period. The manufacturer or dealer must be given the chance to fix it. If it can’t be fixed after two to four attempts, the manufacturer will either buy back or replace your vehicle.
Can I File a Claim Against a Used Car Dealership for Selling Me a Lemon?
You can file a claim against a used car dealership for selling you a lemon in CA, but only if the vehicle is under warranty. Under the Song-Beverly Consumer Warranty Act, used cars are protected if they are sold with an active manufacturer’s warranty. Extended warranties and service contracts don’t qualify for lemon law buybacks.
What Should You Never Reveal to a Car Dealer When Negotiating?
There are several things you should never reveal to a car dealer when negotiating. You should not disclose your maximum monthly budget, tell them that you plan to pay in all cash, or act like you are desperate to buy the same day. Disclosing these details may encourage the dealer to manipulate loan terms, pad the price, or deny hidden incentives.
Hire a Lemon Law Attorney Today
If you purchased a hybrid vehicle that turned out to be a lemon, you can hire a lemon law attorney to help you get your money back. You can trust Lemon Law Pro to help with your case. We focus exclusively on helping drivers get their money back for vehicles that do not meet warranty conditions. We travel throughout California to meet with clients and handle all aspects of our clients’ claims for free. Contact us to schedule an initial consultation today.
Spanish 
