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What is California Lemon Law

Lemon Law, known as the Song-Beverly Consumer Warranty act in California, simply put is a law designed to protect you the consumer, who purchase or lease warranted motor vehicles. If it is determined that your motor vehicle is a "lemon", the motor vehicle's warrantor must repurchase or replace the motor vehicle from you, the buyer.

The Lemon Law demands that if your vehicle's manufacturer or its authorized dealer cannot properly repair a material defect in your car, truck, boat, RV, motor home, or motorcycle after a reasonable number of attempts, while it is under warranty, the manufacturer, must either repurchase or replace your vehicle. You decide which remedy you would prefer, not the manufacturer.

California Lemon Law not only applies to all vehicles purchased or leased in California, but also applies to your used vehicle, if still covered by the manufacturer's new vehicle warranty. Many clients wonder what constitutes a material defect under the Lemon Law. Pursuant to statute, a material defect is defined as a defect which substantially impairs the use, value, or safety of your vehicle.

Of course not all defects are treated the same. For example, for vehicles purchased or leased after January 1, 2001, if the vehicle is repaired two times for a defect that is likely to result in serious bodily injury or death, the vehicle is "presumed" to be a lemon. Material defects can also be numerous "nagging" problems that have been failed to be repaired by the manufacturer or authorized repair facility.

The Lemon Law also states that if within 18 months or 18,000 miles of use, whichever occurs first, either the same material defect has been subject to repair four or more times, or the vehicle has been in an authorized repair facility by reason of repairs for material defects for a cumulative total of more than 30 calendar days, then the vehicle is "presumed" to be a lemon. A reasonable number of attempts is determined on a case-by-case basis depending on the defect.

If a manufacturer fails to comply with the Lemon Law and refuses to offer a replacement or a refund for a "lemon," the consumer has the right to file a civil action in a court of law. When the consumer wins a lemon law case, the manufacturer must:

• Provide a replacement or a refund
• Pay the consumer's costs and expenses, including attorney's fees.
• In some cases, the manufacturer can also be liable for a "civil penalty" of up to twice the consumer's damages, which is normally the cost of the vehicle.

Therefore, we invite you to fill out the Free Legal Evaluation and speak to one of our lemon-law experts.

There is also additional information about Lemon Law at our other website: http://www.yourlemonlawattorneys.com