California Lemon Law
The California Lemon Law also known as the Song-Beverly Consumer
Warranty Act, Codified as California Civil Code §1793.2,
et. Seq., represents a powerful tool for California Consumers
when dealing with manufacturers of vehicles.
What is the California Lemon Law?
The Song-Beverly Warranty Act commonly referred to as the
California Lemon Law applies to vehicle manufacturers who
sell their vehicles to California Consumers. With the sale
of vehicles, manufacturers also include express warranties.
In the event manufacturers or their dealerships/agents fail
to repair these vehicles and make them conform to the applicable
express warranties, the manufacturer must either replace the
vehicle or repurchase the vehicle from the consumer.
Are there qualifications which must be met in order
to be covered under this law?
Yes, the following are the general requirements for a California
Automobile Lemon Law claim:
1. The vehicle must be covered by the original manufacturer’s
warranty. California Lemon Law applies to new as well as used
vehicles that are covered by the original manufacturer’s
warranty. For the purpose of California Lemon Law claims extended
service contracts do not qualify as warranty.
2. Contrary to popular belief there is no set number of repair
attempts required. 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.
3. Another myth commonly perpetrated by manufacturers and
their agents is the 18 month or 18,000 miles rule. A vehicle
may qualify under the California Lemon Law even if the repairs
are made well after 18 months or the 18,000
4. The auto is used for personal use only and not a business
vehicle – which does not qualify under the California
Auto Lemon Law.
5. The situation with the warranted vehicle must not be a
trivial one such as a broken cup holder. It must be substantial
enough to impair use of the automobile or have the potential
to cause serious harm to the occupants of the vehicle and/or
lower the value of the vehicle.
If you have purchased or leased a new and/or a warranted
vehicle from a dealership and are experiencing recurring defects,
then you may be driving a 'lemon' and are covered under the
California Car Lemon Law.
I believe that I qualify. What do I do next?
Just fill out our online form and get a free
evaluation to determine if you and your vehicle will be
covered under the California Lemon Law.
Or in the alternative call our toll free number. |
