Pin It

Lemon Law in California

ryan-frank | Jul 14, 2009 |

0 Comments | Rating: 0

When people talk about the California Lemon Law, what they are often referring to is the Song-Beverly Consumer Warranty Act. This act was created to protect people who buy new motor vehicles from incurring unnecessary expenses as a result of defective products. The law basically says that, if a manufacturer or one of its representatives is unable to fix your car's problem after a reasonable number or repair attempts, the manufacture must reimburse you for the full price of the car purchase or replace the defective car with a new one. The so-called Lemon Law is part of the Song-Beverly act. The Lemon Law deals with the nuanced definition of the phrase "reasonable number of repair attempts". What exactly constitutes a reasonable number in the case defective vehicle repairs?

The California Lemon Law states that if a serious problem persists after two or more attempts, then the case falls under the Song-Beverly Act. It also makes a difference whether the buyer attempted to contact the manufacturer directly at least once. Also, if a vehicle is out of service for over 30 days because of repair needs, the case falls under the Song-Beverly Act.

The provisions of the California Lemon Law are not very rigid, however. They are more of a general guideline than anything else. The intricacies of when these guidelines apply and how are subject to legal dispute. A manufacturer is allowed to argue in its favor against a Lemon Law claim and a buyer is free to present evidence that they are entitled to protection under the Lemon Law.

If a case is settled in the buyer's favor, the refund (if he chooses a refund) must include the cost of manufacturer-installed car components. The manufacturer has to also reimburse the buyer for sales tax, registration and other official fees, repairs, towing and finance charges, as well as any expenses resulting directly from the car's defectiveness.

The Song-Beverly Act protects you for the entire duration of your car's warranty. If you have a three year plan and the defect shows up in the middle of the third year, you are still covered. If you're thinking of pursuing a California Lemon Law claim, remember that it doesn't apply if the defect was a result of vehicle misuse. The law applies, in many cases, to certified pre-owned vehicles as well as new vehicles.

See how the best California Lemon Law can help you with a bad car or appliance purchase.