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The
California "Lemon Law"
The
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:
1.)
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.
2.)
The vehicle must have problems covered by a warranty. There is a simple
rule: no warranty means no Lemon Law case.
3.)
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
driveability concerns will require fewer repair attempts than those
which are not safety-related or affect driveability.
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.
4.)
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 owner/lessee.
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.
If you prefer to receive a free on-line case
evaluation by our attorneys in just 1 hour, click
here.
The
Law Offices of William R. McGee
California's
Largest Lemon Law FirmSM
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California's
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Before you hire any lemon law attorney...
