California consumers who unknowingly purchase a vehicle with defects may have protection under the state’s Lemon Law. This law does not apply to all cars, trucks, and other vehicles; there are strict requirements for what qualifies as a lemon. An experienced consumer protection law firm is your best resource for determining whether or not you are eligible to recover compensation or a replacement vehicle.
Overview of the Song-Beverly Consumer Warranty Act
The Song-Beverly Consumer Warranty Act, commonly known as the Lemon Law, is intended to protect consumers who are sold a defective vehicle that cannot be fixed after numerous repair attempts. If you bought a car only to discover that there is an unfixable issue or numerous defects, the car dealer may have sold you a lemon. The Song-Beverly Consumer Warranty Act provides avenues for car buyers to seek compensation or other resolutions to address this problem.
Here are a few things to know about the California Lemon Law:
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You must give the car manufacturer a chance to repair the defect.
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The vehicle must have had a warranty when it was purchased.
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The car does not have to be new to be covered.
State Lemon Law states that the manufacturer must be informed of the problem or defect so that they have a chance to fix it. If the car cannot be repaired after multiple attempts, the car may be classified as a lemon. The repairs must be completed by the manufacturer; attempting to fix the vehicle on your own or taking it to an independent mechanic will not qualify as repair attempts under the Lemon Law.
If your vehicle was still covered under the warranty when you purchased it, you generally have protection under the Lemon Law in California. This warranty rule applies to new and pre-owned vehicles. Used cars and trucks, as well as leased vehicles, may also qualify if they have a warranty. It’s a good idea to check with the manufacturer or dealer about any active or valid warranties before purchasing a pre-owned vehicle.
Still have questions about how the Song-Beverly Consumer Warranty Act, or Lemon Law, might apply to your car purchase? Contact The Accident Network to discuss your case.
Identifying a Lemon: Car, Truck, Motorcycle, RV, Boat, or Trailer
The Lemon Law applies to cars, trucks, RVs, boats, vans, and most other vehicles that are bought for household or personal use. Keep in mind that not all recently purchased personal or household vehicles will qualify for protection under California’s Lemon Law. Your vehicle must meet the below criteria to be eligible for compensation or replacement:
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The vehicle must have at least one substantial defect.
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Multiple attempts to repair the defect failed.
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The vehicle must have had an active warranty when purchased.
Just because a vehicle is purchased and has a defect does not automatically qualify the buyer for recovery under the California Lemon Law. The defect must be substantial and extensive, causing a significant loss of value or safety concern to the vehicle.
Remember that the dealer or manufacturer must have had an opportunity to fix the defect before the vehicle is classified as a lemon. California requires that reasonable repairs be made or attempted, but the exact meaning of this varies from vehicle to vehicle. If the faulty part or feature involves a safety element, the owner of the vehicle is only required to give the manufacturer one chance to repair it before the car becomes a lemon. It is also possible for a car or truck to be classified as a lemon if repairs take too long or the manufacturer keeps the vehicle for repairs for a long period of time.
California Lemon Law is complex. Plus, the Lemon Law statute of limitations restricts the amount of time a consumer has to file a claim. Typically, you have four years from the time you discover or should have discovered the defect. There are other timeframes to be aware of, as well. The defect must occur within 18 months of purchase or within 18,000 miles, whichever occurs first.
If you suspect that your vehicle is a lemon, contact a consumer protection attorney at The Accident Network for guidance.
Steps to Take if You Suspect Your Vehicle is a Lemon
If your car, truck, or other vehicle has been out of service or the manufacturer has made repeated attempts to repair a defect, you may have a lemon vehicle. Be aware that the manufacturer will not want to acknowledge the vehicle they sold you is a lemon. It’s important that you know your rights and are prepared to seek the remedy you are entitled to under state law. Obtaining legal counsel is the first step you should take when pursuing compensation under the California Lemon Law.
Having an experienced consumer protection attorney on your side is highly beneficial. At The Accident Network, we don’t let our clients get bullied by large vehicle manufacturers or dealerships. We will stand up for your rights to ensure you get the compensation you deserve.
Consumer Relief Options Under California Lemon Laws
The California Lemon Law states that the vehicle manufacturer may be required to replace your vehicle or buy it back from you if they have tried to repair it and failed. The defect must:
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Be covered by the warranty
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Negatively affect the value, use, or safety of the vehicle
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Not be caused by the use of the vehicle
If your car’s defect meets these criteria, and the manufacturer has made reasonable efforts to repair it, you may be eligible for compensation or recovery in California. You might be able to receive one of the following remedies:
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A total refund of the purchase price, including fees and down payment
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A payoff of your loan amount or lease
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A replacement vehicle
Are you ready to get started on your California Lemon Law claim? Contact The Accident Network to schedule your free consultation today.