California Lemon Law
Protecting Consumer Rights
Enacted in 1970, the Song-Beverly Consumer Warranty Act, widely known as “California’s Lemon Law,” was established by the California legislature to assist consumers in resolving warranty issues with their recently purchased defective products. One of its significant provisions mandates that manufacturers must repurchase or replace products that meet specific conditions. Although commonly associated with automobiles, California’s Lemon Law extends its protection to a wide range of consumer goods, including motorcycles, recreational vehicles, boats, electronics, and more.
Defective Automobile Protection
Primarily, California’s Lemon Law is most commonly utilized by consumers in relation to defective automobiles. Under the provisions of the Song-Beverly Consumer Warranty Act, if a vehicle has a substantial defect that the manufacturer has been unable to repair within a reasonable number of attempts, the automobile manufacturer is obligated to repurchase the vehicle. It’s important to note that, for the purposes of the Lemon Law, the term “new motor vehicle” does not strictly adhere to everyday conversational usage. Instead, it includes vehicles that are still covered by the manufacturer’s original warranty, encompassing certified pre-owned vehicles or those that still retain the original warranty, despite not being considered “new” in everyday terms.
Reasonable Repair Opportunities
The evaluation of whether a defect is deemed “substantial” and whether the consumer has provided a sufficient number of repair opportunities for the manufacturer is a case-specific matter. However, within California’s Lemon Law, there is a specific section called the Tanner Consumer Protection Act that provides guidelines.
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There exists a defect likely to cause death or serious bodily injury and it has been presented for repairs at least twice.
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The dealer has attempted to repair the same defect four times.
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The vehicle has been out of service for repairs for a cumulative total of more than 30 days, it will be legally presumed that a "reasonable number of repair opportunities" has been met.
Even without the legal presumption, a vehicle may still qualify under California’s Lemon Law if it can be argued that the vehicle was purchased as a “new motor vehicle,” exhibits a substantial defect, and has undergone a reasonable number of repair opportunities based on the circumstances.
Experienced Lemon Law Attorneys in California
The attorneys at our firm are seasoned litigators with extensive expertise in handling cases under the Song-Beverly Act, also known as California’s Lemon Law. Our practice encompasses handling Lemon Law disputes throughout the state of California.
Determining whether your vehicle or consumer good qualifies under California’s Lemon Law based on the specific facts of your case is an area where our experienced attorneys can provide assistance. Even if you purchased your vehicle as a used one, our attorneys may be able to demonstrate that it still falls within the definition of a “new motor vehicle” as defined by the Lemon Law. Moreover, if your vehicle experienced issues beyond the 18-month/18,000-mile presumption period, we can still offer guidance on how to establish the problem as “substantial” and demonstrate that a “reasonable number of opportunities” exist under the circumstances of your case, making it eligible for a potential repurchase.
Leveling the Playing Field
In the words of a manufacturer representative testifying under the penalty of perjury, “we [manufacturers] are not in the business of buying cars back.” Despite the legal mandate for manufacturers to repurchase certain defective vehicles, automobile manufacturers often vigorously contest claims, simply because they are unwilling to repurchase the vehicle, regardless of legal obligations. Unfortunately, individual consumers often encounter significant obstacles and resistance when seeking a repurchase. In such a “David versus Goliath” scenario, where individual consumers lack the vast resources of multinational billion-dollar corporations, the guidance and expertise of an experienced attorney become crucial in this fight.
Leveling the Playing Field
In the words of a manufacturer representative testifying under the penalty of perjury, “we [manufacturers] are not in the business of buying cars back.” Despite the legal mandate for manufacturers to repurchase certain defective vehicles, automobile manufacturers often vigorously contest claims, simply because they are unwilling to repurchase the vehicle, regardless of legal obligations. Unfortunately, individual consumers often encounter significant obstacles and resistance when seeking a repurchase. In such a “David versus Goliath” scenario, where individual consumers lack the vast resources of multinational billion-dollar corporations, the guidance and expertise of an experienced attorney become crucial in this fight.
No-Cost Legal Representation for Lemon Law Cases
Recognizing the unique challenges consumers face in Lemon Law disputes, the California legislature included a one-way fee shifting provision in the law. This provision ensures that consumers are entitled to have their attorneys’ fees and costs paid by the manufacturer upon successful resolution of the case. As a result, you can have peace of mind knowing that our dedicated attorneys will work tirelessly on your behalf, with no upfront cost to you. Rest assured that our team is committed to advocating for your rights under the Lemon Law.
If you suspect that you have a valid California Lemon Law claim, we encourage you to reach out to us without delay. We are here to assist consumers like you. We are more than happy to evaluate your case and determine if we can provide the assistance you need. Don’t hesitate to contact us today for a free consultation and let us guide you through the process.