Motor Vehicle Warranty and Lemon Law
California Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to California consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the California Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. The following comments
briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."
This message is not a substitute for contacting a lawyer who can best advise you of your rights. If you think you qualify for a Lemon Law, click here for a free California Lemon Law case review or for an immediate evaluation, simply fax or email your repair records to 866-773-6152 or help@CarLemon.com. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
1. Coverage For New Motor Vehicles.
A. Overview Of Song-Beverly Warranty Rights
The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides
protection for consumers who lease or buy new motor vehicles. The law requires that if the
manufacturer or its representative in this state, such as an authorized dealer, is unable to
service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable
number of repair attempts, the manufacturer is required promptly to replace the vehicle or
return the purchase price to the lessee or buyer. The purchase price that must be returned
includes the price paid for manufacturer-installed items and transportation but does not include
the price paid for non-manufacturer items installed by the dealer. The lessee or buyer is
completely free to choose whether to accept a replacement or a refund. Whatever the choice, the
manufacturer is also responsible to pay for sales or use tax; license, registration, and other
official fees; and incidental damages that the lessee or buyer may have incurred such as finance
charges, repair, towing, and rental car costs.
The lessee or buyer may be charged for the use of the vehicle regardless of whether the
vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is
determined by multiplying the actual price of the new vehicle by a fraction having as its
denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it
was first brought in for correction of the problem. For example, if the car had traveled
6,000 miles before it was first brought in for correction of the problem, the lessee or buyer
could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.
The law applies for the entire period of your warranty. For example, if your vehicle
is covered by a three-year warranty and you discover a defect after two years, the manufacturer
will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its
representative is unable to conform the vehicle to the express warranty after a reasonable
number of attempts to do so.
Song-Beverly does not apply if the problem was caused by abuse after the vehicle was
delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the
vehicle.
Although there is a four-year statute of limitations to bring a law suit for breach of
warranty or for violations of Song-Beverly, you should act promptly to try to resolve the
problem fairly and quickly without legal action if possible.
B. The "Lemon Law" And What Is A Reasonable Number Of Repair Attempts
What is considered a reasonable number of repair attempts will depend on the circumstances
including the seriousness of the defect. For example, one or two repair attempts may be
considered reasonable for serious safety defects such as brake failure, depending on the exact
situation.
A special provision, often called the "Lemon Law," helps determine what is a
reasonable number of repair attempts for problems that substantially impair the use, value, or
safety of the vehicle. The "Lemon Law" applies to these problems if they arise during
the first 18 months after the consumer received delivery of the vehicle or within the first
18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000
miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of
attempts to repair the vehicle if either (1) the manufacturer or its agents have had four
or more opportunities to repair the vehicle for the same problem and the consumer has at least
once directly notified the manufacturer of the need for repair as provided in the warranty or
owner's manual, or (2) the vehicle is out of service because of the repair of any number
of problems by the manufacturer or its agents for a cumulative total of more than 30 days since
delivery of the vehicle.
The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator
can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if
all of the conditions are met. The manufacturer, however, has the right to try to prove that it
should have the chance to attempt additional repairs, and the consumer has the right to show
that fewer repair attempts are reasonable under the circumstances.
Be sure to check your warranty and owner's manual for instructions. You may be required to
directly notify the manufacturer of the problem(s). It is a good idea to send your written
notice to the manufacturer at the address shown in the warranty or owner's manual by certified
mail, return receipt requested so that you have proof that your letter was received. Keep a copy
of all correspondence.
If the manufacturer maintains a state-certified arbitration program, the consumer must submit
the warranty dispute to the arbitration program before the consumer can take advantage of the
presumption in court. Arbitration is an alternative to court proceedings. The consumer may
assert the presumption during arbitration. Information about any arbitration should be described
in the warranty or owner's manual.
Not every manufacturer maintains a state-certified program. You should check with the
Department of Consumer Affairs' Arbitration Review Program at (800) 952-5210 or on the Internet.
You can also ask for one of the Department's free pamphlets that explains more about
arbitration, "Lemon-Aid For New Car Buyers."
C. Who Is Covered
The law applies to consumers who bought or leased a motor vehicle primarily for personal,
family, or household use. A person who bought or leased a vehicle primarily for business
purposes would not be protected under Song-Beverly, but the business person may still have other
warranty rights under contract law, the Commercial Code, and federal law that are beyond the
scope of this message.
D. What Is A New Motor Vehicle
The law discussed above applies to "new motor vehicles." (Certain limited
protection may apply to used vehicles as described in Section 2.) The term "new motor
vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis
cab, and propulsion system of a new motor home; and any other motor vehicle sold with a
manufacturer's new car warranty. For example, a two-year old used car sold with the remaining
one year portion of a manufacturer's three-year new car warranty would be treated as a new motor
vehicle. The term "new motor vehicle," however, does not include motorcycles or
exclusively off-road vehicles.
2. Coverage For Vehicles That Are Not "New"
Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has
many general rules that apply to any consumer product sold with an express written warranty. As a
result, there is important coverage for motorcycles, the living quarters of a mobile home,
used vehicles sold with a dealer's express written warranty, "lemon" vehicles
repurchased by the manufacturer and sold to consumers with an express written warranty covering
the defect, and vehicles sold with a service contract.
A full description of warranty rights is beyond the scope of this message, but you should be
aware that coverage is not identical to the coverage for new motor vehicles. For example, a
warrantor who is unable to conform a consumer product to its express warranty within a reasonable
number of attempts is required to replace the goods or refund the purchase price less an amount
attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there
is no set formula for determining the charge for the consumer's use before the discovery of the
defect, and the Lemon Law presumption does not apply.
For complete advice concerning your legal rights, click here to consult a California Lemon Law attorney.
Most of the information on this page is provided by the state attorney general, which this website is not affiliated with.
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