What is the CA Lemon Law Presumption?

It’s happened to many of us! You bought a brand new or a used car and in a short time discovered the car has a major flaw. The odds are you will head to the auto dealer, spend sleepless nights and big bucks in repair shops! So what should you do next in such a dire situation? First of all, it’s a must to understand your rights as a consumer!

Who knows, maybe your car is a lemon, and you have all the chances to get a refund or a replacement and start leading a peaceful life again!

So if you have the slightest hunch that your vehicle may be a lemon, keep reading this page to understand the benefits of lemon law presumption!


CA Lemon Law Presumption Explained

A key part of the lemon law in California is the concept of a legal presumption, a rule of law that the court will assume is fact unless it is successfully rebutted.

For example, a person who has disappeared and not been heard from for seven years is presumed to be dead. However, it may turn out that the missing person is found alive.

Now that we have a clue of what legal presumption is let’s understand what the lemon law presumption is.

First of all, the lemon law presumption varies from state to state. In California, the lemon law presumption assumes a vehicle is a lemon if, during the first 18 months or 18,000 miles after the purchase or lease of the new vehicle, any of the following occur:

  1. The vehicle is repaired at least two times for a serious safety defect that can cause serious bodily injury or death; or
  2. The vehicle is repaired at least four times for the same non-substantial safety defect; or
  3. The vehicle is out of service for a total of more than 30 days for any combination of defects.


So if you live in California and are able to prove at least one of the above criteria in a court of law, then congratulations! Your vehicle will be presumed to be a lemon. This means that the burden of proof shifts to the manufacturer/dealer that sold you a lemon.

If this happens, you are entitled to compensation. But remember, the defendant has the opportunity to present evidence to prove otherwise!


What if Your Vehicle Does Not Fit the CA Lemon Law Presumption?

We are almost 100 percent sure this question arose to a lot of readers like you who kind of got disappointed not meeting any of the three criteria above. But you shouldn’t!

Keep in mind, if your vehicle does not fit the presumption, you can still have a valid lemon law claim. Though you won’t qualify for presumption specifically, you will still be entitled to protection under California’s Lemon Law, and may even be entitled to a refund or a vehicle replacement.

Just remember, the California lemon law provides you with specific legal rights and remedies during the original manufacturer’s warranty period. In most cases, the warranty for your vehicle is longer than the legal presumption period. Therefore, if the car has had several repair attempts for the same problem, it is highly likely you have a lemon law claim.

Also the more paperwork you have about every repair attempt made, the easier it will be to file a claim and get the compensation you deserve.


Margarian Law Firm Lemon Law Attorneys Can Always Help You When in Trouble!

It’s quite natural that you still have questions after reading this! We are not law experts, and we all need a highly qualified lemon law attorney by our side who will be able to analyze the repair history of our vehicle and decide if we have a valid lemon law claim.

So don’t hesitate to contact our experienced lemon law attorneys today to discuss the particulars of your situation!

Our highly qualified attorneys at Margarian Law Firm have all the tools to support you and have never fallen short of success stories to tell.

Call Now ButtonCall Us Now Skip to content