California's Lemon Law (The Song-Beverly Consumer Protection Act)
What is a lemon law? A lemon law is a statute adopted in some states to make it easier for buyers of new vehicles (and sometimes used vehicles) to sue for damages or replacement if the dealer or manufacturer cannot make the vehicle run properly after a reasonable number of attempts to fix the car. Without a "lemon law" auto makers have often demanded the buyer come back many, many times and give up use of their car for lengthy periods while they test and attempt to repair the vehicle. If you are in a situation like this, you know how frustrating this can be. Fortunately, the state of California is one of the states that protects consumers with the California lemon law.
What Qualifies as a "Lemon"?
In order to qualify as a lemon in California, your vehicle first must have a substantial defect that is covered by the warranty that occurred within a certain period of time or number of miles after you bought the car. Second, the vehicle must not been able be fixed after a reasonable number of repair attempts. In California, the law applies to new and used vehicles..
What is a "Substantial Defect"?
A "substantial defect" is a problem covered by the warranty that impairs the car's use, value, or safety, such as brakes that are faulty or steering. Minor defects do not meet the legal definition of "substantial defect." Of course, the line between a "minor" and a "substantial" defect is not always clear and that is when an experienced lemon law attorney can help.
What is a reasonable number of repair attempts?
You must allow the dealer or manufacturer to make a "reasonable" number of attempts to fix a substantial warranty problem before your car is considered to be a lemon. There is no specific number as every situation is different. Consulting a lemon lawyer is always recommended.
Who is responsible for your lemon?
It is important for people who have purchased a lemon to understand that the car dealership is not responsible for buying back or replacing a consumer’s vehicle that turns out to be a “lemon”. The dealership’s responsibility is to repair vehicles’ to conform to the manufacturer’s warranty. The manufacturer of the defective automobile is the party that is ultimately responsible for replacing a “lemon” car, truck, motorcycle, RV, or SUV.
Where can you get help?
Fortunately, lemon law attorneys in California work on a contingency fee basis, meaning you pay nothing unless they win your case. This allows anyone, regardless of financial status, to hire the best lemon law attorneys in California.
Who manafacters lemon vehicles?
- Acura
- Aston Martin
- Audi
- Bentley
- BMW
- Buick
- Cadillac
- Chevrolet
- Chrysler
- Dodge
- Ferrari
- Ford
- GMC
- Honda
- Hummer
- Hyundai
- Infiniti
- Isuzu
- Jaguar
- Jeep
- Kia
- Lamborghini
- Land Rover
- Lexus
- Lincoln
- Lotus
- Mazda
- Mercedes-Benz
- Mercury
- Mini Cooper
- Mitsubishi
- Nissan
- Oldsmobile
- Pontiac
- Porsche
- Rolls Royce
- Saab
- Saturn
- Subaru
- Suzuki
- Toyota
- Volkswagen
- Volvo
Car Buyer's Bill of Rights
For new and used car buyers
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Dealers are required to provide an itemized price list for items such as warranties and insurance, etc., if the items are being financed.
- Dealer compensation from an institution financing the purchase of a vehicle is limited to no more than 2% for a loan term over 60 months and 2.5% for a loan term of 60 months or less.
- Dealers must provide buyers with their credit score and an explanation of how it is used.
For used car buyers only
- A used car buyer may obtain a two-day sales contract cancellation option.
- Used cars advertised as "certified" must meet specific requirements.
How to get help if you have purchased a lemon!
If you have purchased a lemon, you should contact an experienced lemon law attorney. The attorneys at Law & Kolakowski have over 25 years of experience handling lemon law cases and have successfully handled thousands of cases. With a 99% success rate, you will be in great hands if you need the help of a lemon law attorney. Contact us today for a free consultation.
