The Song-Beverly Consumer Warranty Act (the “Lemon Law”), California Civil Code Section §1793.2(d)(2) states that:
“If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle . . . to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle . . . or promptly make restitution to the buyer . . .”
California Civil Code Section §1793.2(d)(2)(B) states that:
“In the case of restitution, the manufacturer shall make restitution in the amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer installed options . . . and including any collateral charges such as sales tax, license fees, registration fees and other official fees, plus any incidental damages . . . including but not limited to reasonable repairs, towing and rental car costs actually incurred by the buyer.”
For the consumer, this means that if you have brought your vehicle to the dealership four or more times for the same problem under warranty, the problem substantially impairs your use, value, and/or safety, and the dealership cannot repair the problem, you have got yourself a lemon. If you have a lemon, the manufacturer is required to either repurchase it from you or replace it for you.
However, there is a component to the California lemon law that most people are not aware of. If your vehicle spends 30 or more days at the dealership for a warranty repair and you have not agreed in writing to allow the dealership to keep your vehicle for that long, you have a lemon law claim.
Civ. Code §1793.2(b) specifically states:
“Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days.”
If you believe that you have a lemon law claim, please call us toll free at (855) 59-LEMON for a free case evaluation today.
