What to Do if You've Been Sold a Defective Car

At the Law Offices of Kevin Faulk, P.C., we understand the frustration that comes with buying a car that doesn’t work the way it should. When that vehicle keeps breaking down or suffers from recurring problems that affect safety or performance, it’s more than an inconvenience—it’s a financial and emotional burden. 

California has legal protections in place through its lemon law, which is designed to help consumers when they’re stuck with a defective car.

Understanding how lemon law applies in California gives buyers the chance to take meaningful action. 

The law protects people who have purchased or leased vehicles that fail to meet the standards of reliability and usability that are expected from a manufacturer. When defects arise and a reasonable number of repair attempts have failed, consumers may be eligible for a refund or replacement vehicle.

Understanding California's Lemon Law

California’s lemon law, officially known as the Song-Beverly Consumer Warranty Act, protects individuals who buy or lease new vehicles that turn out to have serious defects. 

These protections can also extend to certain used vehicles that are still under the original manufacturer’s warranty. To qualify, the defect must substantially impair the vehicle’s use, value, or safety.

We help our clients evaluate whether their car falls under these protections. The law doesn’t cover every issue or inconvenience, but it does apply when a defect remains after multiple repair attempts by an authorized dealer. 

In some situations, the issue might be a safety concern that creates a risk of harm, which can make a claim stronger under California’s lemon law.

What Counts as a Defect?

Not every vehicle problem qualifies under lemon law. The defect must interfere with the car’s performance in a significant way. That could mean repeated engine trouble, braking problems, electrical system failures, or any issue that creates a real disruption to the driver’s ability to rely on the vehicle. 

Trivial or cosmetic issues do not trigger lemon law protections, but recurring problems that make the car unsafe or undependable usually do.

We work with our clients to review their repair records and warranty documentation to determine whether the problem fits within the scope of the law. A defect that has been present from the early stages of ownership and that hasn’t been properly addressed despite repeated service attempts is often a strong candidate for a claim.

Reasonable Number of Repair Attempts

To pursue a claim under California’s lemon law, the manufacturer or authorized dealer must have had a fair number of opportunities to fix the issue. 

There is no exact number written into the law, but typically, at least two or more repair attempts for a serious safety issue or four or more for other problems are enough to show that the problem hasn’t been resolved.

In some cases, if the car has been in the repair shop for a total of 30 or more days for warranty-related issues, that may also qualify as a reasonable basis for a claim. We guide clients through collecting and organizing this documentation. 

When the pattern of repair visits is clear, the manufacturer may have a legal obligation to offer a replacement or buy the car back under California’s lemon law.

How a Refund or Replacement Works

When a manufacturer is held responsible under lemon law, the buyer may be entitled to a refund or a replacement vehicle. 

A refund typically includes the down payment, monthly payments made, registration fees, and incidental costs such as towing or rental car expenses. The manufacturer may subtract a usage fee based on the miles driven before the first repair attempt.

If a replacement is issued, it must be a vehicle of comparable value and functionality. We work with clients to calculate fair compensation and push back when manufacturers try to reduce payouts or drag the process out. California’s lemon law was written to make consumers whole again, and we do everything we can to protect that intent.

Filing a Lemon Law Claim

When clients come to us with a potential lemon law issue, we start by reviewing all the necessary documents—purchase agreements, warranties, repair invoices, and service history. 

Filing a claim with the manufacturer is often the first step, and in many cases, we can negotiate a resolution directly without going to court. If the manufacturer refuses to take responsibility, legal action may become necessary.

California law requires that the manufacturer cover attorney’s fees and legal costs if the consumer wins the case. That makes it more feasible for people to fight back when a manufacturer fails to meet its obligations. We’ve handled many claims from start to finish and understand how to present the facts clearly and effectively.

Dealing with Manufacturer Pushback

Manufacturers don’t always accept lemon law claims without resistance. They may argue that the issue is minor, that the car was abused, or that the consumer did not give them enough opportunities to repair it. 

We’ve seen these arguments before and know how to respond. Repair records, service logs, and firsthand experiences all matter when pushing back on a manufacturer’s denial.

We also watch for tactics designed to stall the process. Delays, vague responses, and low settlement offers are all used to discourage consumers from pursuing what they’re entitled to. That’s where persistence matters. California’s lemon law provides clear guidelines, and we stand behind our clients until those guidelines are followed.

Lemon Law and Used Cars

Many people think lemon law only applies to new cars, but in California, used cars may also be covered if they are still under the manufacturer’s original warranty. 

That warranty must still be active at the time of the first repair attempt related to the defect. If the used car was sold “as is” and without any remaining warranty, lemon law protections likely do not apply.

We help our clients understand whether their used car qualifies by reviewing the warranty terms and service dates. 

If the warranty is valid and the car has ongoing issues that were never fully resolved, the owner may still have a path toward relief. These situations can be more challenging, but the protections are real and worth pursuing.

Why Acting Quickly Matters

Lemon law claims must be brought within a reasonable amount of time. In California, the statute of limitations is generally four years from the date the consumer knew or should have known that the vehicle was a lemon. Waiting too long can hurt a claim, even when the facts are strong.

Keeping detailed records from the beginning makes a big difference. Every repair visit, conversation with the dealership, and expense related to the defective car can support a claim. When clients come to us early, we’re able to offer better guidance and take quicker action to hold the manufacturer accountable.

Taking the Next Step

At the Law Offices of Kevin Faulk, P.C., we believe people deserve cars that work as promised. We’re proud to serve Sunnyvale, California, and throughout San Jose, San Francisco, Oakland, Sacramento, Bakersfield, Los Angeles, San Diego, and beyond. Call today.