Lemon Law in California
The Song-Beverly Consumer Warranty Act, sometimes known as the California Lemon Law, is meant to protect customers who have bought or leased a car with problems that the dealerships have been unable to repair. When a vehicle is covered by a manufacturer’s original or Certified Pre-Owned warranty and cannot be fixed after a “reasonable number” of efforts, the customer may be entitled to a refund or a similar replacement.
How can I tell whether my car is a lemon?
California’s lemon law is one of the most robust consumer protection laws in the country, giving customers considerable legal safeguards. If your car has been in the shop an excessive amount of times for warranty problems, is not of comparable quality to other vehicles, or has had its value, usability, or safety compromised as a result of flaws, it is likely a lemon. Manufacturers must replace or repurchase automobiles in California if they are unable to fix them after a reasonable number of efforts. If the issue cannot be fixed within a reasonable amount of time, the manufacturer must either repair the car or refund your money.
When a manufacturer fails to fulfill its legal responsibilities of repurchasing or replacing a car (which they often do), they may be obliged to pay civil fines, which are extra damages. CCA’s experienced lemon litigation lawyers often collect such fines from the vehicle’s manufacturer, in addition to what our clients paid for their automobiles.
Because of California’s robust consumer safeguards, automakers are required to keep their warranties – whether you bought your car new or secondhand. Although you must give the manufacturer a “reasonable” number of repair efforts before filing a lemon law claim, the legislation does not define how many repair attempts are appropriate. The California courts have determined that just two efforts are required.
CCA’s experienced lemon law lawyers often get civil penalties from the vehicle’s manufacturer, in addition to what our clients paid for their automobiles.
In addition, the vehicle must have been submitted for one or more considerably impairing defects – that is, the problem must be a significant hindrance to the vehicle’s usage, value, or safety. (For example, if just one light bulb in your glove box fails, it is unlikely to qualify.) If, on the other hand, your automobile won’t start, you’ll almost certainly be eligible). Under some cases, however, if the vehicle has a potentially life-threatening safety flaw (e.g., broken brakes), the manufacturer is only allowed two efforts to rectify the issue. If your car has been out of operation for 30 days or longer, you may be eligible for a lemon law claim. Please contact us at (833)LEMON-FIRM for a free consultation, and one of our experts will promptly assess whether or not your car qualifies — at no cost to you.
Getting a Replacement Automobile California’s Lemon Law protects consumers.
Under California’s Lemon Law, if you bought or leased a damaged car that is still under warranty, you may choose whether you want the manufacturer to repair the vehicle or buy it and give you compensation. If you choose for a replacement car, the manufacturer must provide you with “a new motor vehicle substantially equivalent to the vehicle replaced,” according to the legislation. In addition, the statute states:
“All explicit and implied guarantees that generally accompany new motor vehicles of that kind shall apply to the replacement vehicle.” The manufacturer shall also pay for or to the buyer any sales or use tax, license fees, registration fees, and other official fees that the buyer is obligated to pay in connection with the replacement, as well as any incidental damages to which the buyer is entitled, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.”
Recovering Damages Under California’s Lemon Law
If you do not want a new car, the manufacturer must make reparation in accordance with the Lemon Law’s requirements. This implies that the manufacturer is obligated to reimburse you,
The Lemon Law in California differs from the Lemon Law in many other states. Consumers in California are not required to submit a Lemon Law claim to arbitration, as in other states. Furthermore, the California Lemon Law does not impose a limit on the number of repair efforts that an automobile owner or lessee must make before filing a claim, nor does it limit remedies to faults that arise within a certain time or mileage period.