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Though the statistics fluctuate, almost a third of all cars are leased. There are several reasons why many people choose to lease rather than own them. For example, cars depreciate quickly, and people who lease know that someone will take the car off their hands when the lease expires.
It is important to carefully review the lease agreement and document the vehicle’s condition at lease signing to protect your rights and ensure accurate records from the start.
At San Diego Lemon Law, PC, we help clients navigate their most complex issues after purchasing a lemon. When you lease, the leasing company retains ownership of the vehicle during the lease term, while you are responsible for its care and use. Let’s look at why someone may opt to lease in terms of safety and reliability.
Generally, newer cars are expected to have fewer issues than older ones. People who lease not only get to use a new car, but they will be doing it while the car is still under warranty. Warranty coverage is crucial—defects should be reported and repaired while the vehicle is still covered under the manufacturer’s warranty, including the original manufacturer’s warranty and any extended warranties that may apply. Technological advances and safety features evolve rapidly.
Drivers who use leased cars expect these safety features to work as advertised, especially if these up-to-date features were the catalyst for their choice to lease rather than buy. Laws ensure that leased cars are covered under lemon law protection, and lessees have the same rights and legal protections as purchasers when it comes to safety and reliability. However, leasing a lemon may negate these.
Leasing a lemon can be a frustrating experience. A substantial defect or significant defects that substantially impair the use, value, or safety of the vehicle can make it a lemon vehicle or defective vehicle. Having an unsafe car that continually needs repairs or has defects with something that is used regularly (such as an infotainment system) forces the consumer to take recourse.
If you find yourself returning to the dealership for recurring repairs, it is essential to keep detailed records of all service visits and document exactly when the problems began, especially if the same issue or same defect keeps occurring.
A leased vehicle qualifies as a lemon if it meets the criteria for lemon law protection, even if you have a long term commitment, and there is always a risk when you lease defective vehicles.
Lemon law protection applies to defective cars, and there is a process for seeking remedies if your leased vehicle meets the requirements for a claim.
Leases & Lemon Laws
California’s lemon laws protect consumers who lease their cars. California lemon law applies to leased vehicles, and the state’s lemon law ensures lessees have the same protections as purchasers. If having a vehicle that is still under warranty was your most significant factor for leasing, it will also be critical in resolving your lemon issue.
The law protects people who purchase or lease cars still under warranty.
To know whether you have bought a lemon, ask yourself whether the defective part or parts impact your car’s use, safety, or value. The number of repair attempts is a key factor—if the same issue or defect requires a reasonable number of repair attempts without resolution, your vehicle may qualify as a lemon under the state’s lemon law.
The manufacturer must be given a chance to resolve the issue for you. You must take your car back to the dealer at least two times to give them that chance. (All of these repairs need to be documented, and if the dealership doesn’t provide this, you need to ask them for it.)
The importance of documenting each repair attempt cannot be overstated, as the number of repair attempts and whether they meet the reasonable number threshold are critical in lemon law cases.
Another reason why this is important is that your car may have multiple issues that force you to continually return to the dealership for repairs. The dealer is also required to make a successful repair within 30 days out of service—and this is cumulative as opposed to consecutive days.
If your vehicle qualifies as a lemon, you have the right to seek compensation, which may include cash compensation, a replacement vehicle, or early surrender of the lease. When pursuing a claim, it is important to track all lease payments, monthly payments, down payment, sales tax, security deposits, additional expenses, towing charges, incidental costs, and rental cars, as these may be eligible for reimbursement.
To file a lemon law claim, consult a lemon law attorney for legal representation—attorney fees are often recoverable, and experienced legal counsel can help you navigate the process and maximize your outcome.
Determining if Your Vehicle is a Lemon
If you’re dealing with persistent issues in your leased vehicle, you need to understand whether your car qualifies as a lemon under California’s robust Lemon Law protections. The Golden State’s lemon law doesn’t discriminate between leased and purchased vehicles — you get the exact same legal protections and opportunities for compensation or replacement regardless of how you acquired your problematic vehicle.
Whether you’re experiencing recurring transmission problems, electrical issues that keep coming back, or safety defects that multiple repair attempts haven’t resolved, knowing how to determine if your leased car meets the lemon law criteria can be the difference between being stuck with a defective vehicle and getting the relief you deserve.
Here’s what you need to understand about qualifying your leased vehicle as a lemon and the crucial next steps you should take to protect your rights and get the compensation or replacement vehicle you’re entitled to under California law.
San Diego California Lemon Law, PC
Resolving the issues associated with buying a lemon car will not cost you anything. By law, the manufacturer pays the cost of your attorney’s fees. Attorney Doug Sohn has focused solely on lemon law for more than twenty years.
When you meet with us, we can give you a better understanding of how long the process will take and how we can resolve this problem for you. Contact San Diego Lemon Law, PC to schedule your free consultation.
