California Lemon Law Statute and Consumer Information. 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 that 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. The vehicles use, safety or value must be substantially repaired. There must be a reasonable number of repair attempts by the authorized warrantor’s dealer. In cases wherein there is the likeliness of severe injury or death, the number of repair attempts is reduced to two (2). What constitutes a reasonable number of repair attempts is the nature of the defect, and how it substantially affects the operation of the vehicle.
There is no simple formula for determining the
legal merits of a potential lemon law case – this is where the lemon law attorney
comes in. There are, however, simple facts that consumers should be aware of:
1. Arbitration is not required in California.
2. The Consumer does not have to contact the manufacturer.
3. Attorney’s fees are paid to the attorney by the automobile manufacturer, not
the consumer.
California’s lemon law also
features a “presumption period”. During the first 18 months or 18,000
miles (whichever comes first) from original new vehicle lease or purchase
delivery date, if the vehicle spends a cumulative of 30 days in the dealers
shop for repairs that substantially impair the vehicle, or, there have been 4
repair attempts for the same issue/problem (or 2 repair attempts if the problem
will likely result in serious injury or death), the vehicle is “presumed”
to be a “lemon”. This does not mean that a manufacturer will follow
those rules if a consumer contacts the manufacturer, as the consumer is
basically powerless. This is where the California Lemon Law Attorney comes in.
A lawsuit is used to enforce the rights of the consumer under the California
lemon law. For more information about our lemon law statute, visit: www.CaliforniaLemonLawAttorneys.com , or call 1-800-225-3666
“Lemon Law Bytes” is Copyright 2/1/2019 The Law Offices of William R. McGee, APLC
Disclaimer: all Lemon Law Bytes articles are for informational purposes only. None of the content should be construed or assumed to be legal advice. If you desire legal advice on your or newer vehicle, please call us to speak with one of our attorneys.