What does this law obligate the manufacturer to do for me
if I qualify?
The automobile manufacturer is under obligation, if there
are too many attempts to repair or if the vehicle is in the
repair shop for a very long time, to either repurchase or
replace the defective vehicle. There is no set number of repair
attempts. Vehicle manufacturers are obligated to repair defects
and are allowed a "reasonable" opportunity to do
so. What is a "reasonable" number of attempts depends
on the nature of the defect. If a defect is serious enough
a "reasonable" number may be fewer than four, but
more than one (For a more thorough explanation, see State
Deptartment of California Motor Vehicle Warranty and Lemon
Law.)
Unfortunately, even though this CA Lemon Law exists, many
manufacturers/dealerships
will ignore all or part of this law. As a result, many consumers
are forced to seek out the services of a California Lemon
Law Attorney to prosecute the client's potential lemon law
claim effectively and in a timely manner.
What does the law provide for the consumer?
The California Lemon Law provides the consumer with appropriate
compensation for buying a lemon. Under this law the California
consumer is entitled to have their lemon vehicle either repurchased
by the manufacturer or replaced. When a vehicle is repurchase
by the manufacturer the consumer will get back their down
payment, all monthly payments, registration fees and any other
costs associated with the lemon vehicle less a deduction for
the actual mileage on the vehicle.
To ensure the best possible results for California Lemon
Law claims, CA Lemon Law Attorneys represent thousands of
consumers throughout California.
Who qualifies for the Lemon Law in California?
The California Lemon
Law covers new and used cars, pickup trucks, vans, SUVs
as well as motor homes that are covered by the original manufacturer's
warranty.
What is needed from the consumer to ascertain if they
will be covered under the California Lemon Law?
In order for us to assess the merits of the consumers California
Lemon Law claim, the consumer must provide the following articles
and information:
1. The automobile purchase/Lease agreement
2. Automobile repair invoices or the service
history from the dealership
3. Automobile registration for current year
4. Any other documents relating to defects
and nonconformities
In cases where the consumer does not possess the required
document for a CA Lemon Law claim, our staff may be able to
assist the consumer in obtaining these documents.
If the California
Lemon Law Attorney feels that the facts and documents
of your case are enough to proceed with action against the
manufacturer/dealership, then a phone interview will be held
with the attorney. It is at this point that the California
Lemon Law Lawyer will explain the entire CA Lemon Law process
to you and will start your claim.
Free Online Case Evaluation
If you believe that you have a lemon, then we want to speak
to you. Please fill out the form on the top of this page for
a no risk, no obligation, free case evaluation to determine
if you qualify under the California Lemon Law.
Additional Information regarding Lemon Law
California State Civil Code
Civil Code Section 1793.23
1793.23. (a) The Legislature finds and declares all of the
following:
(1) That the expansion of state warranty laws covering new
and used cars has given important and valuable protection
to consumers.
(2) That, in states without this valuable warranty protection,
used and irrepairable motor vehicles are being resold in the
marketplace without notice to the subsequent purchaser.
(3) That other states have addressed this problem by requiring
notices on the title of these vehicles or other notice procedures
to warn consumers that the motor vehicles were repurchased
by a dealer or manufacturer because the vehicle could not
be repaired in a reasonable length of time or a reasonable
number of repair attempts or the dealer or manufacturer was
not willing to repair the vehicle.
(4) That these notices serve the interests of consumers who
have a right to information relevant to their buying decisions.
(5) That the disappearance of these notices upon the transfer
of title from another state to this state encourages the transport
of "lemons" to this state for sale to the drivers
of this state.
(b) This section and Section 1793.24 shall be known, and
may be cited as, the Automotive Consumer Notification Act.
(c) Any manufacturer who reacquires or assists a dealer or
lienholder to reacquire a motor vehicle registered in this
state, any other state, or a federally administered district
shall, prior to any sale, lease, or transfer of the vehicle
in this state, or prior to exporting the vehicle to another
state for sale, lease, or transfer if the vehicle was registered
in this state and reacquired pursuant to paragraph (2) of
subdivision (d) of Section 1793.2, cause the vehicle to be
retitled in the name of the manufacturer, request the Department
of Motor Vehicles to inscribe the ownership certificate with
the notation "Lemon Law Buyback," and affix a decal
to the vehicle in accordance with Section 11713.12 of the
Vehicle Code if the manufacturer knew or should have known
that the vehicle is required by law to be replaced, accepted
for restitution due to the failure of the manufacturer to
conform the vehicle to applicable warranties pursuant to paragraph
(2) of subdivision (d) of Section 1793.2, or accepted for
restitution by the manufacturer due to the failure of the
manufacturer to conform the vehicle to warranties required
by any other applicable law of the state, any other state,
or federal law.
(d) Any manufacturer who reacquires or assists a dealer or
lienholder to reacquire a motor vehicle in response to a request
by the buyer or lessee that the vehicle be either replaced
or accepted for restitution because the vehicle did not conform
to express warranties shall, prior to the sale, lease, or
other transfer of the vehicle, execute and deliver to the
subsequent transferee a notice and obtain the transferee's
written acknowledgment of a notice, as prescribed by Section
1793.24.
(e) Any person, including any dealer, who acquires a motor
vehicle for resale and knows or should have known that the
vehicle was reacquired by the vehicle's manufacturer in response
to a request by the last retail owner or lessee of the vehicle
that it be replaced or accepted for restitution because the
vehicle did not conform to express warranties shall, prior
to the sale, lease, or other transfer, execute and deliver
to the subsequent transferee a notice and obtain the transferee's
written acknowledgment of a notice, as prescribed by Section
1793.24.
(f) Any person, including any manufacturer or dealer, who
sells, leases, or transfers ownership of a motor vehicle when
the vehicle's ownership certificate is inscribed with the
notation "Lemon Law Buyback" shall, prior to the
sale, lease, or ownership transfer of the vehicle, provide
the transferee with a disclosure statement signed by the transferee
that states:
"THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE
TO A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS.
THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH
THE NOTATION "LEMON LAW BUYBACK'."
(g) The disclosure requirements in subdivisions (d), (e),
and (f) are cumulative with all other consumer notice requirements
and do not relieve any person, including any dealer or manufacturer,
from complying with any other applicable law, including any
requirement of subdivision (f) of Section 1793.22.
(h) For purposes of this section, "dealer" means
any person engaged in the business of selling, offering for
sale, or negotiating the retail sale of, a used motor vehicle
or selling motor vehicles as a broker or agent for another,
including the officers, agents, and employees of the person
and any combination or association of dealers.
Supplemental Resources:
California Attorney General
1-800-952-5225
California Department of Consumer
Affairs
1-800-952-5210
Bureau of Automotive Repair
1-916-255-4300
Arbitration Certification Program
1-916-574-7350
Better Business Bureau
1-703- 276-0100
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