Lemon laws in California refer to the Song-Beverly Consumer Warranty Act, which provides consumer protection for purchasers or lessees of new and used vehicles.
The law applies to both new and used vehicles that come with a manufactuer’s warranty and includes a wide variety of vehicles used for both business and personal use, including –
• Cars, pickup trucks, vans, and SUVs.
• The chassis, chassis cab, and drive train
of a motor home.
• Dealer-owned vehicles and demonstrators.
• Many vehicles purchased or leased
primarily for business use.
• Vehicles purchased or leased for personal,
family, or household purposes.
Under this law, a vehicle is considered a “lemon” if it has an imperfection that substantially impairs its use, value, or safety.
The defect must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first. The manufacturer cannot repair the problem after a reasonable number of attempts.
The Song-Beverly Consumer Warranty Act provides strong protections for consumers in California who purchase or lease a lemon vehicle. It helps ensure consumers receive a working vehicle or a refund for their purchase and provides a remedy for defects that auto mechanics cannot fix after several attempts by the manufacturer.
Lemon Squeeze: Uncovering the Problems Protected by Sacramento’s Lemon Laws
The Song-Beverly Consumer Warranty Act applies and provides consumer protection for problems related to vehicles that meet the following criteria:
- The vehicle must have been purchased or leased for personal, family, or household purposes.
- The defect must impair the vehicle’s use, value, or safety, and the manufacturer must have been unable to repair the problem after several attempts.
- The defect must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first.
There is no
There is no set number of times that a vehicle should be taken for repair before it might be considered a ‘lemon’ . California’s Lemon Law Presumption contains these some guidelines as to what may be applicable however, including –
• The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.
• Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.
• The vehicle has been in for repairs for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty.
These are the common problems covered by the lemon law.
If a consumer’s vehicle meets these criteria, they may be entitled to a full refund and reimbursement. Our query to an experienced lemon law attorney in Sacramento also indicated some of the other factors that can be considered for claims that are valid under the legislation and the obligations that manufacturers need to be aware of.
Defective No More: Examples of Defects Covered Under Lemon Laws
Examples of defects that lemon laws may cover include:
- Engine problems such as stalling, misfiring, or overheating that auto mechanics cannot repair after several attempts.
- Transmission problems, like slipping or shifting gears, cannot be fixed despite repeated attempts.
- Electrical problems, such as problems with the battery, alternator, or starter, persist despite repair efforts.
- Brake problems, like grinding or pulling, that mechanics cannot resolve.
- Steering problems, such as difficulty steering, persist despite repair efforts.
- Suspension problems like excessive bouncing or leaning that mechanics cannot fix.
- Persistent leaks, such as oil or coolant leaks, that mechanics cannot repair
- Recurrent warning lights repeatedly appear on the dashboard and cannot be fixed.
These are some common defects that lemon laws may cover. However, the specific defects covered by the law will depend on the specific provisions of the law in each state.
Lemon Duty: Why Manufacturers Should Follow the Laws of the Land
Manufacturers should obey lemon laws because:
- It protects consumer rights: Lemon laws are designed to protect the rights of consumers who purchase or lease a vehicle with defects that substantially impair its use, value, or safety.
- Ensures fair treatment: By adhering to lemon laws, manufacturers help ensure that consumers are treated fairly and can receive a working vehicle or a refund for their purchase.
- Improves brand reputation: By following lemon laws, manufacturers can improve their brand reputation and show that they are committed to producing high-quality vehicles and standing behind their products.
- Prevents costly lawsuits: If a manufacturer violates lemon laws, they may face costly lawsuits and negative publicity. Obeying lemon laws helps manufacturers avoid these potential legal and financial consequences.
- Promotes customer satisfaction: By following lemon laws and addressing vehicle defects, manufacturers can promote customer satisfaction and maintain a happy relationship with their customers.
In short, manufacturers should obey lemon laws to protect the rights of consumers, ensure fair treatment, improve their brand reputation, prevent costly lawsuits, and promote customer satisfaction.
