California Lemon Law Facts

Few things are as frustrating as spending hard-earned money for something that doesn’t work. In California, the Song-Beverly Consumer Warranty Act protects consumers for a product's entire warranty period while the Lemon Law provision protects consumers of vehicles for a shorter amount of time. The law does not protect consumers against damage caused by abuse or the failure to follow the manufacturer's care instructions.

    Purpose

        The Song-Beverly Consumer Warranty Act protects California consumers who purchase defective items. The law applies to cars, trucks, motorcycles, boats, RVs, appliances, computers and other electronic equipment. The Lemon Law is a portion of the Song-Beverly Consumer Warranty Act. The Lemon Law applies to defects or problems that occur within the first 18,000 miles or the first 18 months following the purchase of a vehicle To qualify for compensation under the federal or California lemon law, the consumer must prove several attempts to repair the item were made according to the manufacturer’s repair policy. If all repair attempts fail, the consumer is entitled to a replacement or refund.
    New Motor Vehicles

        A motor vehicle is considered a lemon if it “fails two attempts at repairing life-threatening defects.” California law covers leased and purchased vehicles. If the manufacturer or its representative in the state of California is unable to repair the vehicle, any monies spent to purchase the vehicle must be returned. The consumer has the right to opt for a replacement vehicle. The manufacturer must also pay for finance charges, sales and use taxes, registration, towing and rental car costs. The manufacturer does have the right to withhold a percentage to cover the purchaser’s use of the vehicle. California employs a formula to determine how much the manufacturer can withhold for the consumer’s use of the vehicle. New motor vehicle protections apply to used cars as long as there is still time remaining under the original warranty.
    Used Vehicles

        California’s Lemon Law provides some protection for consumers who purchase used vehicles. According to the law, used vehicles and other products are protected if they were sold with an “express written warranty.” This includes motorcycles and the living area of mobile homes. If the manufacturer is unable to repair the vehicle, the consumer is entitled to a replacement or refund. Unlike new vehicles, there is no formula to determine how much should be subtracted to cover the consumer’s use.
    Reasonable Repair Attempts

        The exact definition of "reasonable repair attempts" depends on the circumstances. If the defect is serious, two repair attempts may suffice.. The consumer is required to notify the manufacturer of the problem in writing. The law generally determines “reasonable attempts” have been made if the problem reoccurs following repairs, if the problem is “likely to cause death or serious injury," or if the problem makes the vehicle unusable for 30 or more days.
    Coverage

        California’s law covers citizens who purchase vehicles for business or personal use. Businesses that purchase vehicles weighing less than 10,000 pounds are also covered. Corporations, associations and other legal entities are covered as long as the entity does not have more than five registered vehicles in the state of California.