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When you think of the California Lemon Law, your mind typically imagines defective cars, motor homes, trucks, etc… But in fact the Song-Beverly Consumer Warranty Act – of which the Lemon Law (technically known as the Tanner Consumer Protection Act of California) is but a subset – provides a far broader umbrella to protect consumers against defective or damaged products.
As long as you bought your consumer product in California, and as long as you have a seller or manufacturer’s warranty, Song-Beverly will protect you. In general, the consumer product must have been bought or used primarily for household, personal, or family purposes.
Your rights under Song-Beverly extend over the entire period of your warranty. With Song-Beverly, if your vehicle or product is covered by a four-year warranty, and you discover a defect or other problem after three years of owning it, the manufacturer must still meet its obligations to conform to the warranty. If manufacturer fails to be able to do so, you may be entitled to reimbursement, or the product must be replaced. Of course, you must provide the manufacturer a reasonable number of opportunities to repair the damage/defect and bring it into conformity with the warranty.
The California Consumer Legal Remedies Act provides you additional protection. If a seller or manufacturer misrepresented a product, lied to you about its origin or title, or otherwise hid or neglected to provide information to you that you should have had about it (e.g. neglected to tell you that a used car was rebuilt from a salvage vehicle), you are entitled to monetary redress.
Note that the manufacturer may not necessarily cooperate, even if you do have a legitimate claim. Alternatively, the manufacturer may urge you to go through an internal claims process or seek a resolution through a third-party arbitration. You obviously are free to go this route. But it may be in your best interest to consult with experienced attorneys about your situation.
To that end, we at the Law Offices of Howard D. Silver invite you to call us toll free today at 1-866-49-LEMON to discuss your consumer product lemon situation. We have a 95% success rate with Lemon Law cases, and we focus exclusively on these matters to provide all of our clients with the best possible service.
