How to Spot a Lemon: Warning Signs and When to Seek Legal Help

Recognizing the signs of a lemon early can protect not only your wallet but also your safety.

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Buying a car should bring peace of mind, not constant trips to the repair shop. But some vehicles roll off the lot with defects that just won’t quit. In California and many other states, these vehicles are referred to as “lemons.”

A lemon is usually a car with serious defects that affect its safety, use, or value, and can’t be fixed after a reasonable number of repair attempts. Lemon laws vary from state to state, but in California, they apply if they are new, leased, or certified pre-owned. Standard used cars without certification are no longer covered under the state’s lemon law. If you’re unsure whether yours qualifies, paying attention to early warning signs can help you protect your rights. When problems persist, seeking legal help may be the next best step.

Mechanical and Functional Red Flags

One of the clearest indicators that you may have a lemon is frequent and unresolved mechanical trouble. Some warning signs include:

• Repeated repairs: If the same problem keeps returning after multiple trips to the shop, that’s more than bad luck. It may mean the defect can’t be fixed under normal circumstances.
• Breakdowns shortly after purchase: Cars shouldn’t spend more time in the shop than on the road during the first months of ownership. If yours does, pay attention.
• Time in the shop adds up: In California, if your vehicle has been out of service for more than 30 days total for warranty repairs, it may qualify as a lemon.
• Safety system issues: Problems with brakes, steering, airbags, or other safety features can be both dangerous and grounds for legal action under the state’s lemon law.

If you notice more than one of these issues, especially early in ownership, you may want to start documenting everything and looking into your rights.

Paper Trail Problems

Sometimes it’s not just the car that raises red flags—it’s the paperwork that comes with it.

• Missing or inconsistent repair records: A reputable dealer or manufacturer should provide accurate service records. If they’re incomplete or change from visit to visit, that’s a sign that something may be wrong.
• Delays or evasive responses: When you request service records or warranty information and receive vague or evasive replies, take note. These stall tactics can prevent you from exercising your legal rights.
• Suspicious warranty terms: If warranty paperwork is missing, incomplete, or contains language that seems to disclaim responsibility unfairly, that’s worth investigating. 

Misleading Sales Practices

Some cars are lemons before they even reach the buyer’s driveway. Watch out for signs of deception at the point of sale:

• Represented as new when it’s not: A car that has already been titled or has extensive mileage may not legally be considered new, even if a dealer says otherwise.
• Odometer discrepancies: Odometer tampering is illegal, yet it still occurs. Be wary of mileage that doesn’t match the vehicle’s age or condition.
• Undisclosed accident history: A car that’s been in a collision should come with full disclosure. If you later find out the vehicle had prior damage, and it’s tied to your current issues, it could be a lemon in disguise.

Dealerships and manufacturers have a duty to be transparent. If they’ve failed to do so, legal recourse may be available.

What to Do if You Suspect You Bought a Lemon

Whether your vehicle is new, leased, or a certified pre-owned car, California’s lemon law may apply if it’s still under the manufacturer’s warranty. Keeping that in mind, here are some important steps to take if you suspect you’ve purchased a lemon: 

1. Document everything: Keep detailed records of every repair visit, including the date, nature of the problem, and the actions taken. Save copies of all receipts, emails, and warranty documents.
2. Put it in writing: Some state laws, including California’s, require you to notify the manufacturer about ongoing problems formally. Don’t rely on phone calls; send a written complaint.
3. Know when to get help:
   • If your vehicle has been in the shop several times for the same issue.
   • If it’s out of service for more than 30 days.
   • If the manufacturer or dealer stops responding or gives you the runaround.
   • If you’re unsure about your legal rights.

An attorney familiar with California’s lemon law can help determine if your situation qualifies and guide you through the process of pursuing a refund or replacement.

Don’t Wait to Act

Recognizing the signs of a lemon early can protect not only your wallet but also your safety. If your car continues to experience the same issues or spends more time in the repair shop than on the road, don’t ignore it. Keep records, ask questions, and seek legal help when necessary. California’s lemon law was written to protect consumers; make sure you’re making full use of it.