Having been involved in lemon law litigation for over ten years, I am constantly asked, “Is my car a lemon?” The answer is not as clear cut as one would hope. I have learned over the years that under California Lemon Law many defects may constitute a “lemon” while others may not. For example, the best lemon law cases used to involve defecs with a vehicles engine or transmission, however, cars now come with far more “bells and whistles” that we have come to rely on. Take the Navigation system, it is not just the very high end vehicles that are being sold with these systems. Many moderately priced vehicles are now sold equipped with these systems. These items are no longer considered such a luxury, but an everyday necessity. We’ve all been lost in a foreign city with no one to rely on for directions except our handy navigation system and I refuse to rent a vehicle that doesn’t have navigation. The last place I want to be is in the downtown area of a foreign city at night and have to get out of my car to ask a complete stranger for directions. As these optional items become more mainstream and relied upon, I am more apt to consider a lemon law case based on the failure of what was once considered an optional, but unnecessary, feature of a vehicle.
A second example of an “optional” feature in a vehicle giving rise to a lemon law claim is the integrated DVD/game console. Many families are now insisting that the family vehicle come equipped with a DVD/game system and prefer one designed, built, and installed by the vehicle manufacturer, not an aftermarket company. Consumers want the security that if a problem arises with the factory DVD/game system, the vehicle is still covered by the manufacturer’s warranty, not a useless aftermarket warranty.
Lemon law claims can encompass all types of defects, and with the addition of more optional features in vehicles being demanded by consumers, the types of defects that may qualify a vehicle for repurchase or replacement under California Lemon Law is ever-changing.