Understanding the Lemon Law in California

The Lemon Law in California is part of the Song-Beverly Consumer Warranty Act. This act was created in order to protect consumers from defective vehicle purchases. It states, in essence, that if a car problem persists even after a -reasonable number- of repair attempts, the car manufacturer has to, by law, either provide the buyer with a new replacement vehicle or give the buyer back the money for the full price of the original car purchase including sales tax. It is completely up to the buyer, once a settlement is reached, to choose between refund or replacement.
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A refund must include not only the full purchase price, but also the cost of any manufacturer-installed car parts. The manufacture has to also pay registration fees and other official fees as well as finance charges, towing and other expenses incurred by the vehicle's defectiveness.

The Song-Beverly law protects consumers for the entire duration of the purchased car's warranty. Even if the problem shows up years after purchase, as long as it is within the time limit of the warranty, the Song-Beverly Act applies.

When pursuing a claim under this act, the central dispute is usually over what exactly constitutes a -reasonable number- of repair attempts in part of the manufacturer. The Lemon Law is the part of the Act that deals with this issue. According to the California Lemon Law, if a major car defect that could potentially result in severe injury or death is not solved after two or more repair attempts, it must be replaced by the manufacturer or the manufacturer must give the buyer a full refund. However, there are many things that will affect how a court sees the case. Whether the buyer attempted to contact the manufacturer directly, at least once, makes a difference.

The Lemon Law clause is meant to be more of a general guideline than a strict set of rules, which is why California Lemon Law practice can be so complicated at times. If you're thinking of pursuing a claim against a manufacturer, make sure to consult with your attorney to determine a proper course of action. Remember that defects that resulted from misuse of the car do not fall under the protection of the Song-Beverly Act.

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