Lexus ES Lemon Law

Yes. Chronic engine overheating due to a warranty-covered defect like a faulty water pump is considered a substantial impairment of both use and safety. If the dealer has been unable to fix the overheating issue after a reasonable number of repair attempts, you are likely entitled to a refund or replacement under the Song-Beverly Act.

Yes. California's Song-Beverly Act covers Certified Pre-Owned vehicles that come with a manufacturer-backed warranty. If your CPO Lexus ES has a recurring defect that the dealer cannot repair under the terms of that warranty, you may have a valid Lemon Law claim for a refund or replacement.

A substantial defect is one that impairs the use, value, or safety of your vehicle. For the ES, this could include persistent transmission problems, engine overheating, or electrical system failures. Minor cosmetic issues typically do not qualify, but any defect that affects driveability or safety is likely substantial under the Song-Beverly Act.

While the case is pending, you are generally expected to continue making payments. However, if you prevail under the Song-Beverly Act, you can recover the full purchase price or lease payments, minus a reasonable mileage offset for the use you received before the first repair attempt. Incidental damages such as towing and rental car costs may also be recoverable.