California Lemon Law
Max Kezooki

The California Lemon Law or Song-Beverly Act was established to give consumers a legal recourse after the purchase or lease of a motor vehicle which fails to meet the manufacturer's warranty after a reasonable number of repair attempts. This includes cars, trucks, motorhomes, and motorcycles.

The law states that when a manufacturer cannot repair consumer goods after a reasonable number of attempts, it must either replace the defective product or refund the consumer's money, generally at the consumer's option for cars and trucks. For motorhomes and motorcycles it allows the manufacturer to repurchase or replace the product, at its discretion.

The Lemon Law can also apply to used vehicles if they are covered by a warranty.

There is no strict definition for a reasonable number of attempts. Generally this is three or four times, unless the issue is a major safety issue like faulty brakes, in which case one or two times may suffice.

Another determining factor is the number of days the vehicle is out-of-service due to warranty repairs. The greater the number of days, the greater the chance your vehicle will be classified as a lemon. A good guideline is if your vehicle has spent more than 30 cumulative days in a workshop.

Also note that this only applies to issues covered by the manufacturer's warranty, and applies to issues that are notified to the manufacturer within the warranty period. Remember it is the manufacturer's responsibility and not the dealer from whom you probably bought the vehicle.

Generally the law is applicable to vehicles that are used at least some of the time for personal, family or household purposes. If a vehicle is used exclusively for business purposes, the Lemon Law may not apply, though certain other laws may provide specific recourse.

Please note that the Act does not apply if the problem was caused by abuse after the vehicle was delivered. It is therefore important to follow the terms of the warranty for maintenance and proper use of the vehicle.

When the consumer wins a lemon law case, the manufacturer must provide a replacement or a refund and pay the consumer's costs and expenses, including attorney's fees. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for non-manufacturer items installed by the dealer. The manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be effectively charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. This is usually based on a formula based on the mileage on the car when it was first brought in for correction divided by 120,000 miles.

In some cases, the manufacturer can also be liable for a "civil penalty" of up to twice the consumer's damages (usually the price of the defective goods).

Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is important to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Be sure to keep originals and or copies of all repair receipts and correspondence.

Many warranty instructions offer a non-binding arbitration as an option for the consumer to utilize in an attempt to settle their lemon law dispute. Generally participation in an arbitration is not required to pursue a legal claim in California under the lemon law, and may actually lengthen the procedure considerably.

The above gives you a general overview of the California Lemon Law. It is something you can handle yourself. However you may be well advised to use the services of an attorney, especially one that specializes in California Lemon Law, and preferably one that has a history of acting for consumers and not the manufacturers. You may well find one that is willing to act on a pro bono basis, ie whereby they do not effectively charge you fees, but obtain these through judgment.

For a lot more information on lemon law and specifics relating to different states, please visit Lemon Law Expert.