Ryan Frank is a 23 year writer and blogger living in San Diego, CA.
When people talk about the “California Lemon Law”, what they’re referring to is a subsection of the Song-Beverly Consumer Warranty Act. Concerning motor vehicles, the Song-Beverly Act states, basically, that if a car manufacturer or its authorized representative (i.e. the dealership) is unable to fix your car after a reasonable number of repair attempts so that it meets the terms of its original warranty, you are entitled to receive a complete refund for the car or a new replacement car at no extra charge. You can decide whether you want a replacement or a refund, which includes not only the purchase price but also any manufacturer-installed components, registration and official fees, sales tax, repairs, finance charges, towing, and any other costs that occurred as a result for the vehicle’s faultiness.
The Song-Beverly Act protects consumers for the full duration of their vehicle’s warranty. So even if the car’s defect doesn’t show up until year four of ownership, as long as the warranty is for four years or longer, you are entitled to a refund or a replacement.
Now for the so-called Lemon Law clause. This is the section of the Song-Beverly Act that deals with what exactly is meant by “reasonable number of repair attempts”. The clause says that a reasonable number of repair attempts have been made if any of the following three scenarios occurs:
- A serious car issue has been repaired (unsuccessfully) two or more times.
- A problem has been the subject of repair four or more times and the owner has spoken with the manufacturer directly at least once.
- The vehicle is out of service for more than 30 days because of repairs.
This Lemon Law clause is used in court disputes less as a law and more like a general guideline, the points of which can be debated for hours on end. This is why California Lemon Law cases are often very complicated and messy.
A few last key points to remember about the San Diego, California lemon law: the Lemon Law doesn’t apply if the defect was caused my car misuse or abuse; it’s best to pursue legal action as soon as you think you have a good case; and the Lemon Law doesn’t (for the most part) cover used cars.
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