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Automobile Lemon Law Resource Center
Automobile Lemon Law
Here is a brief overview of the Song-Beverly Consumer Warranty Act's special provision called the "Lemon Law". You may also see this provision called the "Tanner Consumer Protection Act of California".
What does the Lemon Law do?
In essence, it provides consumers the opportunity to get a refund on an auto purchase or a new vehicle if a car cannot be fixed after a reasonable number of repair attempts.
Does the Lemon Law apply to all repair problems?
No. The problem must substantially impair the safety, value, or use of the motor vehicle.
Does the consumer get more protections if the problems occur during the first 18 months/18,000 miles?
Yes. Problems must occur during the first 18 months after the buyer has received the vehicle or within the first 18,000 miles of driving the vehicle whichever comes first.
That said, two important caveats apply: First, once you cross that 18,000 miles/18-month threshold, your rights don't just vanish. If the vehicle does not conform to the car manufacturer warranty after a reasonable number of repair attempts, the vehicle may still be considered a lemon.
Does the Lemon Law apply to all vehicles?
No. It applies to "new motor vehicles". The living quarters of a motor home, motorcycles and certain kinds of for-business vehicles may not be covered. However, Song-Beverly does have rules to protect purchasers of these other vehicles, even if the vehicles don't specifically qualify under the Lemon Law.
What are the key guidelines of the Lemon Law?
There are three key factors in determining eligibility under the California lemon law. While meeting these guidelines would label your car as a "lemon", they are open to reasonable interpretation:
- If a manufacturer tries and fails two or more times to repair a problem that could result in serious bodily injury or death, the vehicle can be declared a lemon.
- If the manufacturer or an authorized agent tries to repair a problem four or more times without success, the car may be a lemon, assuming the problem substantially impairs the value, use, or safety of the car.
- Within the stipulated timeframe, if the vehicle is out of commission for repairs for a cumulative total of 30 days or more since the vehicle was delivered to the consumer, the vehicle can be considered a lemon.
How do you know if you have a case under the California Lemon Law?
Given how complicated these rules can get and how difficult manufacturers can be about refunding or replacing lemons, it is in your best interest to contact an attorney who handles these matters regularly. The Law Offices of Howard D. Silver is standing by to help. Our practice is limited to Lemon Law cases and other consumer problems and we can provide a free consultation to you. Call us at 1-866-49-LEMON or fill out our online contact form.