California "Lemon Law"
California Lemon Law (officially known as
the Song-Beverly Consumer Warranty act, found in California Civil
Code sections 1790 et seq.) is a law designed to protect
consumers who purchase or lease warranted motor vehicles. If it is
determined that a motor vehicle is a "lemon," the motor
vehicle's warrantor must repurchase or replace the motor vehicle
from the buyer.
In order to
have a valid Lemon Law claim, the following elements must be met:
The vehicle must be used some of the time for personal,
family or household purposes. If a vehicle is used exclusively for
business purposes, the Lemon Law will not apply, but other laws
may provide certain remedies.
The vehicle must have problems covered by a warranty.
There is a simple rule: no warranty means no Lemon Law case.
The warrantor must be unable to repair the
vehicle's warranty problems after a reasonable number or repair
attempts. What constitutes a reasonable number of repair attempts
will vary depending on the problem. For example, if a vehicle's
brakes fail, one repair attempt may be enough to establish a
reasonable number. Generally, safety-related or drivability
concerns will require fewer repair attempts than those which are
not safety-related or affect drivability.
Also relevant to
determining whether there has been a reasonable number of repair
attempts is the number of days the vehicle is out-of-service due
to warranty repairs. The more days out-of-service, the better the
chance of establishing a reasonable number of repair attempts.
There is a common
misconception concerning the Lemon Law, that it only applies to
vehicles that are less than 18 months old or have less than 18,000
miles. This belief is not true! The Lemon Law will apply to a
vehicle regardless of how old it is or how many miles is has, so
long as the vehicle is having problems that are under warranty.
Even if the
warranty has expired, the Lemon Law may apply. If the vehicle is
still having problems that were complained about and never
properly repaired during the warranty period, a valid Lemon Law
claim may exist.
The vehicle must contain a problem covered by the
warranty that substantially impairs the vehicle's use, value or
safety to the buyer/lessee. The Lemon Law, generally, will not
apply to vehicles with trivial or minor defects. Nevertheless,
each case must be judged independently taking into account the
particular needs and expectations of the particular vehicle's
If the above
mentioned elements are met, the vehicle is a lemon. The vehicle's
owner/lessee will be entitled to a replacement vehicle or a refund
of the vehicle's purchase/lease price.
Your California Lemon Law Rights
California Lemon Law Attorneys
The Law Offices of William R. McGee
California's Largest Lemon Law
SE HABLA ESPANOL
LA OFICINA LEGAL MAS GRANDE
DE CALIFORNIA DE LEY DE LIMON