Navigating The Lemon Laws

Last Updated: Monday, August 22, 2016

As the manufacturing of vehicles becomes more mechanized, many consumers in San Diego and throughout Southern California have experienced manufacturing defects that have made their vehicle inoperable or unsafe to drive. You may have been such a consumer unhappy with a new vehicle with more problems than you bargained for and in some cases, you are not able to drive. However, you are still making payments for that vehicle.

The Song-Beverly Consumer Warranty Act (Cal.Civil Code secs 1790-1795) and the Tanner Consumer Protection Act (sec 1793-22) were enacted in response to complaints, recalls and class actions resulting from defective vehicles. The provision also provides options for new, used, and leased vehicles.

In California, the code also known as the “Lemon Law” was passed to protect consumers who have purchased new cars, trucks, SUVs, and mini-vans.

By 1993, all fifty states had passed a Lemon Law statute, each with different standards and procedures.

Based upon a contractual breach of the "express warranty," this act provides a remedy to consumers should they experience a defective vehicle that cannot be reasonably fixed.

The manufacturer must be given an opportunity to repair the problem with the vehicle. Where service or repair of the vehicle is necessary because the vehicle does not conform to the applicable express warranties, service and repair must be commenced within a reasonable time by the manufacturer or the dealership.

If the manufacturer or dealership are unable to service or repair the vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either promptly replace or repurchase the motor vehicle.

The criteria for reasonable number of repair attempts varies. However, should the same non-conformity result 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, and the consumer has at least once directly notified the manufacturer of the need for repair.

If the same non conformity has been subject to repair four or more times and the consumer has at least once directly notified the manufacturer of the need for repair or the vehicle is out of service by reason of repair of non-conformities for more than 30 calendar days since delivery, the Lemon Law will assist the consumer in a remedy at law.

Under the Lemon Law, a consumer is free to elect re-purchase in lieu of replacement. The manufacturer cannot require the consumer to accept a replacement vehicle.

If the consumer elects for a replacement of the vehicle, the vehicle under the Lemon Law must be new and substantially identical to the vehicle replaced. The replacement vehicle must be accompanied by all express and implied warranties that normally accompany a new vehicle of that kind.

Remedies at law may include the refund of an owned vehicle’s purchase price, collateral charges and incidental damages.

The manufacturer refunds the sales tax to the consumer and the State Board of Equalization reimburses the manufacturer for the amount of sales tax paid to or for the consumer.

Resolution of any dispute under the Lemon Law is usually conducted through arbitration. The contract for the sale of a vehicle will have sections that address this very issue. There are time limits that apply.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, the consumer should first act promptly to try to resolve the problem fairly and quickly without legal action if possible. The law applies for the entire period of your warranty.

However, the Song-Beverly statute does not apply if the problem was caused by abuse after the vehicle was delivered to the consumer. The consumer must follow the terms of the warranty for maintenance and proper use of the vehicle.

Choosing the right attorney to navigate the Lemon Law makes all the difference in the outcome of your case. The Law Offices of Allan S. Field can assist you in getting your rights heard and back on the road again.