Free Buyer GuidesCalifornia Lemon Law
CA Lemon Law Overview
The Tanner Consumer Protection Act, or as it is more commonly known, the California Lemon law, is a section within the Song-Beverly Consumer Warranty Act that deals specifically with motor vehicles. The Lemon Law was designed to protect and give power to consumers in the event that they purchased a new or used car still under manufacturer warranty, motorcycle, motorhome chassis, or practically any vehicle that was discovered to be defective or chronically broken down. There are numerous ways in which the California Lemon Law keeps lemon cars off the road and consumers behind the wheels of cars they can rely on; unfortunately, it is these many nuances of the lemon law that causes confusion and misconceptions among consumers. To learn more about the lemon law in California, browse our California Lemon Law Resource Center below or contact The Law Offices of Howard D. Silver to discuss your case.
People buying and leasing new and gently used vehicles in California are legally protected against "lemons" -- cars, trucks and other automobiles that have persistent, hard-to-fix mechanical problems. These cars are either sold to trusting consumers by dealers eager to get rid of "lemons," or sold by manufacturers who aren't aware of their flaws but refuse to refund the buyer's money even though it's required by law. The State of California protects its citizens with "lemon laws," more formally known as the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act.
Like most retailers of consumer products in California, auto dealers must provide manufacturer's and retailer's warranties to the buyer in clear language. If the vehicle doesn't live up to these warranties, the buyer has the right to get it fixed at the manufacturer's expense, at a reasonably close repair shop. If it can't be fixed after a reasonable number of attempts, the buyer is legally entitled to a free replacement or a full refund, plus payments covering costs like a rental car, towing and other side effects of buying a lemon. This applies to new cars and used cars that are still under the manufacturer's original warranty. A judge or arbitrator ultimately decides what's a reasonable number of repair attempts, but the law says the time for repairs is over when, after the first 18 months or 18,000 miles:
- There have been at least two unsuccessful attempts to repair a problem that makes the vehicle unsafe to use.
- The manufacturer or its agents have tried unsuccessfully to fix the same problem four or more times.
- The vehicle has been out of service for more than 30 combined days because of repairs -- that is, it's in the shop more than it's on the road.
While the 18-month/18,000 mile is a useful guideline, your rights don't end after 18 months. You can use your warranty for its entire life, which varies according to manufacturer, and you have at least four years from the first warranty repair to bring a lemon law claim.
Unfortunately, consumers who meet one of these criteria can't count on automatically receiving a replacement or refund for their lemons. Sellers have the right to dispute your claim when you try to exercise your rights under the California lemon law, and they probably will. If they think fighting the law will be cheaper than following it, sellers will argue that your defect wasn't substantial, the repairs worked, or that other circumstances allow them to wiggle out of paying you. For that reason, many people with lemon law claims end up filing a lawsuit. Consumers who are offered shoddy repairs, incomplete refunds or replacement vehicles that aren't comparable can also file a lemon lawsuit.
What Is the California Lemon Law?
The Tanner Consumer Protection Act of California, commonly referred to as the "California Lemon Law," gives consumers the right to their money back or a new car if their vehicle cannot be repaired after a reasonable number of attempts.