If my brand-new car spends more time at the dealership than in my driveway, when does it officially

Hripsime Bagdasaryan

Hripsime Bagdasaryan's Answer

Criminal Lawglendale, USA8 years experience

Quick Answer

In California, a car qualifies as a lemon if it has been unsuccessfully repaired four or more times for the same issue within 18 months or 18,000 miles, or if it has been in the shop for a total of 30 days or more; keeping thorough documentation is crucial for pursuing a claim.

💡 Every situation is different. Speak with a lawyer to understand your specific options.

Key risks of waiting too long

Potential Risk

Failure to document repairs and service visits can undermine a claim.

Potential Risk

Not meeting the initial 18-month or 18,000-mile criteria may weaken the case.

Potential Risk

Ignoring the requirement for a reasonable number of attempts for repairs can lead to dismissal.

Potential Risk

Assuming that all repairs are covered without understanding warranty limits may result in losses.

Full Transcript

Below is an AI-generated transcript of the video answer.

So when does your car officially become a lemon?

So California's lemon law has a couple of different ways that your car qualifies as a lemon.

So there is the presumption that your car is a lemon.

And in order for your car to qualify under the presumption,

then within the first 18 months or 18,000 miles, whichever comes first,

either of these two things are true.

So the first would be the dealer tried to fix the same problem four or more times.

And obviously failed to do so.

Or the car has been in the shop for a total of 30 days or more.

Now it doesn't have to be 30 days in a row.

It has to be, you know, 30 days over a period of time.

If either of those apply, then your car is presumptively a lemon.

And the manufacturer has to buy the car back or replace it.

Even outside of those numbers, so outside of the first 18 months or 18,000 miles,

you still may have a claim for a California lemon law buyback

if the problem seriously affects the safety, value, or use of the car.

And the manufacturer has been afforded, you know,

ample time and a reasonable number of tries to fix the car and has failed.

So what you should do in order to see if your car is a lemon,

the number one thing is to keep every repair order, every invoice, document everything,

notate all the dates, track the mileage of every visit,

and save any loaner car paperwork, save any rental car paperwork,

any incidental expenses that you may have incurred as a result of not having use of your car,

and have all of that documentation.

So once you present that to a qualified lemon law attorney,

they'll be able to accurately assess your case.

But document everything, that is the number one thing in a lemon law case.

Hope that helps.