​Does my car qualify as a lemon in California?

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In the express language of the Song-Beverly and Tanner Consumer Protection Act (California’s Lemon Law), the phrase “four (4) repair attempts within 18 months or 18,000 miles” is often misunderstood as a requirement for vehicles to qualify as lemons. But it is possible to successfully pursue cases that do not meet these requirements.

The California Lemon Law provides that a consumer may be entitled to a refund or replacement of their vehicle if the manufacturer is unable or unwilling to repair the vehicle within a reasonable number of attempts. The Lemon Law presumes that a reasonable number of attempts have occurred if the vehicle has been subject to repair four (4) times for the same non-conformity within 18 months or 18,000 miles, whichever occurs first. But this is only a presumption.

A consumer may still qualify for lemon law remedies if they do not meet this presumption. In fact, many of our former and current clients have vehicles that qualify for the refund/replacement remedy without meeting this presumption. Moreover, several consumers have vehicles that qualify for the repurchase/replacement remedy even when their problems occurred after a year or 18,000 miles.

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