In California the Lemon Law was created to protect
consumers who have purchased a new automobile that turns out
to be defective. The lemon law as written allows an
individual to return a defective automobile that has met a
certain criteria. That criteria pertains to the amount of
time the automobile has been unusable due to defects along
with the amount and variety of problems the individual is
experiencing with the vehicle.
A purchaser or lessee of a motor vehicle in California has various rights under both state and
federal law if the vehicle does not perform as provided under an express
warranty. Warranty law can be complex, and it is impossible to describe
comprehensively all of the law in a brief space. The following comments briefly
explain the Song-Beverly Consumer Warranty Act and what is popularly known as
the "Lemon Law."
The Song-Beverly Consumer Warranty Act (beginning with Civil
Code section 1790) provides protection for consumers who
lease or buy new motor vehicles. The law requires that if
the manufacturer or its representative in this state, such
as an authorized dealer, is unable to service or repair a
new motor vehicle to meet the terms of an express written
warranty after a reasonable number of repair
attempts, the manufacturer is required promptly to replace
the vehicle or return the purchase price to the lessee or
buyer. The purchase price that must be returned includes the
price paid for manufacturer-installed items and
transportation but does not include the price paid for
non-manufacturer items installed by the dealer. The lessee or
buyer is completely free to choose whether to accept a
replacement or a refund. Whatever the choice, the
manufacturer is also responsible to pay for sales or use
tax; license, registration, and other official fees; and
incidental damages that the lessee or buyer may have
incurred such as finance charges, repair, towing, and rental
car costs.
Although the lemon law in California is quite clear it is often
difficult to get the automobile dealer to take the vehicle
back and return the individuals money. There are attorneys
who specialize in lemon law cases. If an individual feels he
or she has a “lemon” and is unable to reach a satisfactory
resolution with the automobile dealer it may be necessary to
contact one of these attorneys.
Related pages
Lemon Law
Illinois Lemon Law
Lemon Law
Wisconsin |
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