Can You Believe This? Common Misconceptions About California Lemon Law

Buying or leasing a car is supposed to be an exciting experience. But if your “dream ride” spends more time in the shop than on the road, California’s lemon law might come to the rescue. Unfortunately, we hear a lot of myths and half-truths about what the law does and doesn’t cover. Some of these can keep people from pursuing the help they deserve.

Let’s clear up the confusion, bust a few myths, and help you understand your rights under the California Song-Beverly Consumer Warranty Act.

Misconception #1: Only Brand-New Cars Qualify

Some folks think you need a showroom-fresh vehicle to use lemon law protections. Not true. California’s lemon law can also cover used and leased vehicles, as long as they’re still under the manufacturer’s original warranty when the problems start.

If you bought a used car that’s still within the warranty period and it’s been in the shop repeatedly for the same problem, you may still have a claim. The key is whether the defect happened during the warranty, not whether the car was new.

Misconception #2: You Need a Laundry List of Repairs Before Filing

We often hear, “I have to wait until my car’s been fixed a dozen times before I can do anything.” Not exactly.

Under the law, there’s no magic number of repairs that automatically qualifies your vehicle, but there is a reasonable number of repairs standard. The general guideline is:

  • Safety-related defects: Often, two or more repair attempts may be enough.
  • Non-safety defects: Usually four or more attempts.

If the vehicle has been out of service for more than 30 total days for warranty repairs, that can also support a claim, even if it’s not the same issue.

Misconception #3: Cosmetic Issues Don’t Count

While it’s true that lemon law focuses on defects that affect use, value, or safety, that doesn’t mean “looks” are never part of the picture. For example, if a paint defect is causing rust or a body panel issue makes the car unsafe in a collision, those can be valid claims.

If it’s just a scratch from a runaway shopping cart, that’s probably a trip to the body shop, not a lemon law case. The difference comes down to whether the defect impacts the car’s reliability, safety, or worth.

Misconception #4: You Have to Let the Manufacturer Keep Trying Forever

Manufacturers don’t get an unlimited number of attempts to fix your car. If the problem keeps coming back and repair attempts have crossed into the “reasonable” range under the law, you can take action.

Waiting too long can actually hurt your case. Once the defect is clear and the repairs aren’t working, it’s worth speaking with an attorney to protect your rights.

Misconception #5: You’ll End Up in a Long, Ugly Court Battle

Many people imagine lemon law cases as endless courtroom dramas. In reality, many claims are resolved through negotiation or arbitration without a trial.

The California lemon law even requires the manufacturer to pay your attorney’s fees if you win. That means you can pursue your case without worrying about paying legal costs out of pocket.

Misconception #6: If You Modified Your Car, You’re Out of Luck

Aftermarket parts or modifications don’t automatically void your rights. The question is whether the defect is related to the modification. For example, adding custom seat covers won’t stop you from bringing a claim over repeated transmission failures. However, if you swapped the engine and now it won’t start, the manufacturer will probably argue it’s not their problem.

How The Lemon Firm Can Help

At The Lemon Firm, we’ve seen just about every type of lemon. We know the frustration of dealing with constant repairs, wasted time, and safety worries.

When you work with us, we will:

  • Review your repair records to see if you qualify under the California Song-Beverly Consumer Warranty Act.
  • Handle the back-and-forth with the manufacturer so you don’t have to.
  • Fight for the best possible resolution, whether that’s a refund, replacement, or cash compensation.

You don’t have to guess whether you have a case. We’ll tell you straight.

Get the Facts and Get Back on the Road

If you’ve been dealing with a defective vehicle in California, don’t let these common myths keep you from exploring your options. The law is there to protect you, and you may be entitled to relief.

Contact The Lemon Firm today for a free consultation. Let us help you turn your lemon into lemonade — and finally enjoy the ride you paid for.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.