Frequently asked Questions about Motor Vehicle Warranty and the California Lemon Law

In California, a purchaser or lessee of a new motor vehicle has various rights under both state and federal law, if the vehicle does not perform as promised in an express warranty. The Song-Beverly Consumer Warranty Act can protect both the new and used car consumers. The Song-Beverly Consumer Warranty Act is also known as the “California lemon law“.

Who are the consumers protected under the California lemon law?

The California lemon law protects both the new and used car consumers.

• The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles

What is the protection afforded to me for my lemon buy, by the California lemon law?

The California lemon law states that the manufacturer is required promptly to replace the vehicle or return the purchase price to you, as a lessee or buyer:

• If the manufacturer or its representative in California, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts

What does the purchase price returned include, under the California lemon law?

According to the California lemon law the purchase price that is returned:

• Includes the price paid for manufacturer-installed items and transportation
• Does not include the price paid for non-manufacturer items installed by the dealer

What is the choice afforded to me for my lemon buy, by the California lemon law?

According to the California lemon law as a lessee or buyer you are completely free to choose whether to accept a replacement or a refund of the lemon buy.

What is the other monetary protection afforded to me for my lemon buy, by the California lemon law?

According to the California lemon law, whatever is your choice, the manufacturer is also responsible to pay for the:

• Sales or use tax
• License, registration and other official fees
• Incidental damages that you, as a lessee or buyer, may have incurred such as finance charges, repair, towing and rental car costs

What will I be charged for the use of my lemon car, under the California lemon law?

According to the California lemon law, as a lessee or buyer:

• You may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded
• The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a factor that includes the number of miles traveled by the vehicle before it was first brought in for correction of the problem
• For example, if your lemon car had traveled 6,000 miles before it was first brought in for correction of the problem, you as a lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage

How long does the California lemon law apply to my new lemon vehicle?

The California lemon law applies for the entire period of your warranty on your lemon vehicle:

• If your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above
• The California lemon law applies for the entire period of your warranty on your lemon vehicle, if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so

When is the California lemon law NOT applicable to my new lemon vehicle?

The California lemon law/Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered to you. Follow the terms of the warranty for maintenance and proper use of your vehicle.

What is the statute of limitations for my lemon buy, under the California lemon law?

According to the California lemon law, there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly.
To get the best advantage through the California lemon law, you should act promptly to try to resolve the problem fairly and quickly to your advantage.
The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with California lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

The California Lemon Law for Used Cars

The California lemon law for used cars provides legal protection for the owners of defective vehicles which meet the requirements of the California lemon law for used cars. If you have bought yourself a used, pre-owned or certified car, truck, van, SUV or other vehicle that still has a manufacturer’s warranty, you will be entitled to protection under both the California used car lemon law and the Federal used car lemon law.

• The California lemon law for used cars provides protection for anyone who has purchased or leased a used car or vehicle that is still covered by a manufacturer’s original factory warranty
• The California lemon law for used cars also covers demonstrator vehicles, vehicles previously bought back under the California lemon law and resold with a manufacturer’s warranty
• The California lemon law for used cars provides legal protection for any vehicle that has been certified
• The California lemon law for used cars provides legal protection for any vehicle with an extended warranty for the manufacturer’s original warranty
• The California lemon law for used cars provides compensation in the form of a refund, a replacement or cash compensation

The California lemon law for used cars

The California lemon law for used cars covers:

• Used cars or vehicles bought and used primarily for personal, family or household purposes
• Used cars or vehicles with a gross weight which are below 10,000 pounds and used primarily for business purposes where five or fewer vehicles are registered to the company
• Used cars or vehicles that are sold with a written warranty
• Lemon cars or vehicles that are bought back by a manufacturer and then resold to consumers with a manufacturer’s warranty covering the defects

The California lemon law for used cars – the Statutory warranty Period

There is a statutes of limitations of four years to file a lawsuit for breach of warranty.
The California lemon law for used cars applies:

• For the entire period of a manufacturer’s warranty
• After the original warranty if the vehicle has been certified
• To a manufacturer’s extended warranty

If a vehicle is covered by a three year warranty and a defect or nonconformity is discovered two years from the warranty start date, the manufacturer is required by law to:

• Either repurchase or replace the vehicle
• Compensate the owner for the defective vehicle
• Provide the manufacturer a reasonable number of attempts to repair the car or vehicle

The California lemon law for used cars and the manufacturer’s duty to repair

The California lemon law for used cars provides the manufacturer and its authorized dealers with a reasonable number of attempts to repair the defect or nonconformity in a used car or vehicle under warranty
.
A reasonable number of opportunities may be exceeded if the vehicle has experienced:

• One to two repair attempts for a serious safety defect such as a brake failure
• Two or more repair attempts for a recurring issue which is likely to cause death or serious bodily injury if the vehicle is driven
• The same nonconformity or defect has been allowed four or more attempts but the defect continues to exist
• The vehicle is in for warranty repairs for a total of 30 or more days

What would you do if you think that you have landed a California used lemon car

• Document the repair orders that indicate the problem in your used lemon car
• Notify the manufacturer of your car or vehicle of the defects and nonconformities, directly
• Submit the warranty dispute to the arbitration program listed with the help of your California lemon law attorney for used cars, to improve your chances of receiving proper compensation

If you are not qualified for the California lemon law for the used cars
If you are not qualified for the CA lemon law for the used cars you may still get protected by other laws of the State. If you feel that you have been deceived by a California used car dealership, an experienced California lemon law can review your documents.
If you are having problems with your certified used car or vehicle:

• Get in touch with a California lemon law attorney for used cars and get to know your California lemon rights
• Check with your California lemon law attorney for used cars for the best recourse available for you to claim, if you do not qualify for the California lemon protection for your used car
• You may not have to pay out of your pocket and you will have the best chance for success if your California lemon law attorney for used cars represents you

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with California lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.