California’s Song-Beverly Consumer Warranty Act, commonly referred to as the California “Lemon Law” was enacted to provide protection for consumers. There are many rules and exceptions to this Consumer Warranty Act therefore, it is highly recommended to retain legal counsel experienced in this area of the law so that your rights are preserved and your settlement or judgment reflects the true value of your auto defect claim.
Often, manufacturers offer consumers low settlement values, simply because the consumer may not have an understanding of the value of their case. With Lemon Law Pro’s Legal Team on your side, your case will be evaluated at the outset by an experienced attorney, and we will aggressively work to secure the maximum settlement or judgment the law allows. Though each case is different and we are unable to guarantee a specific outcome, our experience fighting California Lemon Law cases puts the best Legal Advocate on your side.
Fortunately, California has one of the most consumer friendly lemon laws in the United States. Therefore, as a California Consumer, you have the law, and Lemon Law Pro, on your side.
California provides relief to consumers who purchase a new, used or leased motor vehicle with applicable express warranties. A consumer is entitled to relief if a vehicle is unable to conform to its express warranty after a “reasonable” number of repair attempts, by the dealership, have been made in an effort to try and correct the problem. A nonconformity exists when the use, value or safety of the vehicle is substantially impaired.
A vehicle can be “presumed” to be a lemon under certain criteria. Please note that while there is a presumption it does not guarantee that a manufacturer will be required to buyback your vehicle for there are a number of exceptions that may apply.
With regards to the presumption and citing sections from California Civil Code Section 1793.22: It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:
(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
(2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
(3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.
“New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
“New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.
“Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.