There are hundreds of “Lemon Law” attorneys in California. The vast majority of them will tell you the California Lemon Law only applies to “new” vehicles that have a defect, covered by the manufacturer warranty, which has not been fixed after 3-4 repair attempts. Those attorneys have a very narrow view of the Lemon Law.
The Lemon law applies to any vehicle that was sold with a warranty—New, Certified Pre-Owned, and even Used vehicles that come with a 30 days dealer warranty.
Express Warranty Claims: The dealer/manufacturer fails to fix a defect under warranty after being given a reasonable opportunity to repair the vehicle. A reasonable opportunity could be 3-4 repair attempts, a single repair visit that exceeds 30 days, or where warranty repairs are refused. The remedy for these claims is a repurchase of the vehicle and may also include penalties.
Implied Warranty of Fitness: If you told the dealer what your needs are and relied on the dealer to provide a vehicle that meets those needs, you could have an implied warranty of fitness claim. This issue often arises when the consumers tell the dealer they need a truck that can tow a 6,000 pound trailer and the dealer convinces them to purchase a vehicle that cannot actually tow the trailer. The remedy for an implied warranty claim is a repurchase of the vehicle.
Implied Warranty of Merchantability: In order to be merchantable, a vehicle must meet all of these conditions:
The remedy for an implied warranty claim is a repurchase of the vehicle.
Auto Law handles all of these Lemon Law / Breach of Warranty type claims.