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.
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 of repair
attempts. What constitutes a
reasonable number of repair attempts
will vary depending on the problem.
For example, if a vehicle's brakes
fail, two repair attempts 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. However, only one
unsuccessful repair attempt is never
sufficient to establish a lemon law
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
is a common misconception concerning
the Lemon Law, that it only applies to
vehicles that are less than 18 months
old and 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.
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 owner/lessee.
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.
us today and exercise your California
lemon law rights.
We look forward to hearing from you.
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Offices of William R. McGee
California Lemon Law Attorneys
Serving all California Residents - 20 Years Experience