In 1970, California enacted the Song-Beverly Consumer Warranty Act (“Song Beverly”) found at California Civil Code Section 1790 et. seq.. Song Beverly requires manufacturers to replace a defective product or reimburse the buyer if the product cannot be repaired after a reasonable number of attempts as long as the product is under a manufacturer’s warranty.
Reasonable attempts means the manufacturer has had the opportunity to make a reasonable number of repairs before you claimed your vehicle to be a lemon. In California, a reasonable number of attempts have been made if:
If a consumer experiences substantial impairment to the use, value or safety of the vehicle the Song-Beverly Consumer Warranty Act applies. Some typical examples of defects that warrant an actionable claim under the Los Angeles, California lemon law include (but are not limited to) the following:
Please note that the above examples of defects is not a complete list of all actionable lemon law claims, but simply common examples. There are many other types of defects that may not be listed above that would qualify as a lemon.
The mileage offset is calculated by taking the purchase price of the vehicle and multiplying it by the miles driven by the consumer at the first repair attempt that qualifies the vehicle as a lemon and dividing it by 120,000 miles (the average life span of a vehicle in lemon law).
The purchase price of a vehicle is $25,000 dollars and it is paid entirely in cash. The consumer takes in the vehicle to the dealership for repair at 1,000, 2,000 3,000 and 4,000 miles and the vehicle is deemed a lemon as a result of all of the four repair attempts. Hence, multiply $25,000 (purchase price) x 1,000 (first repair attempt) = 25,000,000/120,000 = $208.33. Based on this scenario, the client would receive $25,000 – $208.33 = $24,791.67 after the mileage offset is calculated.
A vehicle manufacturer must repurchase or replace a vehicle if the manufacturer is unable to repair a vehicle to conform to the manufacturer’s express warranty after a reasonable number of repair attempts. Hence, the Los Angeles, California Lemon Law does not specify a specific number for “reasonable repair attempts.” Generally, if a defect could foreseeably cause serious bodily injury or death, even two repair attempts may warrant a repurchase under the Los Angeles, California lemon law. On the other hand, if the defect is relatively less serious, perhaps impacting only the value or use of the vehicle, three or more attempts may warrant a repurchase.
In sum, there is no golden number to determine if a vehicle qualifies as a lemon. In fact, in one case, after a manufacturing defect resulted in a fire that damaged a vehicle beyond reasonable repair, the vehicle was deemed a lemon even though no prior complaints were made. Bishop v. Hyundai Motor America (1996) 44 Cal. App. 4th 750.
In addition, to the “reasonable repair attempts” criteria above, within the Song-Beverly Consumer Warranty Act, there is also a presumption guideline wherein it is presumed that a vehicle is a “lemon” if the following criteria are met:
If these conditions are met, there is a presumption that the vehicle qualifies as a lemon under the Song-Beverly Consumer Warranty Act. This rebuttable presumption shifts the burden to the manufacturer to establish that despite the presumption, the consumer is not entitled to a replacement or refund (for instance the manufacturer may argue that the problem was not substantial).
Note, Again That The “Presumption” Guideline Is Not The Only Means A Vehicle Qualifies As A Lemon. A Vehicle Can Qualify As A Lemon After 18,000 Miles And/Or 18 Months Of Delivery If The Manufacturer Is Unable To Conform To The Manufacturer’s Express Warranty After A “Reasonable Number” Of Repair Attempts. This Is Merely An Added Benefit.
Every visit to the dealership for a repair counts as a repair attempt whether or not the dealer verifies the complaint. Therefore, take your vehicle in to the dealership as soon as possible to document your complaint. If you can establish evidence that the vehicle indeed has a valid nonconformity, all of the repair attempts would prove that the dealership failed to repair the problem after reasonable attempts.
NOTHING! If your vehicle qualifies as a lemon under the Song-Beverly Warranty Consumer Act, the manufacturer will pay the attorney directly.
It depends. A used car may qualify as a lemon under the California lemon law if it is covered by the original manufacturer warranty, a dealer warranty or any other express warranty. It is best to contact a lemon lawyer to find out about your rights.
Yes as long as there are no more than five vehicles registered in the business’s name and the vehicle’s gross weight does not exceed 10,000 pounds.
Yes. It doesn’t matter if your vehicle is leased or purchased, California lemon law protects you if you are stuck with a defective vehicle.
Refund of your down payment
Refund of all of your monthly finance payments
Payoff of your existing loan
Your attorney’s fees fully paid by the manufacturer
Incidental damages/Out of pocket costs (towing, rental, etc)
However the manufacture can deduct from the total recovery the following:
We serve all of California and offer a free consultation over the phone. Usually, there is no need to meet in person. Documents can be exchanged and signed via facsimile, mail, or electronic mail (email). If necessary, we can also come to you.
While you may feel helpless in this situation, we understand what you are going through and are here to help. We have helped consumers like you get the full compensation they are entitled to after purchasing a lemon. If you are looking for a Los Angeles, California Lemon Law firm “near me”, look no further than the Law Office of Alisa Goukasian.