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California's Lemon Law: What Is It and How Does It Work?

California's Song-Beverly Consumer Warranty Act (commonly known as the "Lemon Law") is one of the strongest consumer protection laws in the country. It protects buyers of new and used vehicles when the manufacturer cannot repair a substantial defect after a reasonable number of attempts.

What Vehicles Are Covered?

California's Lemon Law covers: new vehicles purchased or leased in California, used vehicles that come with an express manufacturer warranty (many certified pre-owned vehicles qualify), and unlike many other states, also some small commercial vehicles. The vehicle must be under the original manufacturer warranty when the defect manifests.

What Constitutes a "Lemon"?

A vehicle is a "lemon" if: the manufacturer or authorized dealer cannot repair the same warranty problem after a reasonable number of attempts, or the vehicle has been out of service for repairs for a total of 30 or more days within the warranty period. A "reasonable number of attempts" creates a presumption of lemon if: 2 or more repair attempts for problems that could cause death or serious injury, 4 or more attempts for other substantial defects.

Your Remedies: Replacement or Refund

If your vehicle qualifies as a lemon, the manufacturer must either: replace the vehicle with a comparably equipped one, or refund the purchase price (including taxes, fees, and financing payments) minus a deduction for your use of the vehicle before the first defect report. The manufacturer must also pay your attorney's fees if you win, meaning you can hire a lemon law attorney at no upfront cost.

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This article is for informational purposes only and does not constitute legal advice.

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