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Lemon Law in California
Summary
The California Lemon Law allows consumers who purchased new & used passenger vehicles & light trucks that were under warranty from dealers to force the dealer to arbitrate disputes, when that dealer cannot repair certain defects after either four attempts or a total of 30 days in the shop within the first 18,000 miles or 18 months after purchase.
What is the source of the law?
The California Lemon Law is called the Song-Beverly Consumer Warranty Act and is codified at Civil Code section .
What does the California Vehicle Lemon Law require?
Dealers that sell light trucks, and passenger cars must provide a warranty. If the vehicle suffers a specific defect and the dealer cannot repair the vehicle after four different attempts in the repair shop or a total of 30 days in the repair shop, then the vehicle may be classified as a “Lemon.” If the vehicle may be classified as a “Lemon” the dealer may be forced to either buyback the vehicle, issue a refund, or provide an alternative vehicle. Note the quantification stated herein is subject to being proved in arbitration is a State Certified Arbitration Provider is available.
What vehicles are subject to the California Vehicle Lemon Law?
How do I get relief?
Like everything in California law, applying the law is complex.
It is not clear if arbitration is mandatory. However, arbitration may be available, and may be free or low cost. The State of California Department of Consumer Affairs maintains a registry of arbitration services that comply with certain standards:
Alternatively, the consumer may file a civil lawsuit against the manufacturer.
You can learn a lot about the as well as why a plaintiff, meaning a person seeking a remedy through a lawsuit has severe ,” in my other blogs.
The important take away here is that if the Consumer did not go through arbitration, the Consumer is not entitled to the presumption that the car is a lemon for four failed attempts to repair or 30 days in the repair shop.
Can I get the cost of my attorney fees and costs of suit back?
Possibly.
In theory, it is possible that the consumer will prevail after trial and the Court will determine that that consumer is the prevailing party entitled to attorney fees and costs under Civil Code section
(e)(1). Moreover, if (i) the manufacturer does not maintain a qualified arbitration program in California; (ii) the consumer gives the manufacturer proper notice; (iii) and the manufacturer does not comply and loses at trial, the consumer may recover a civil penalty of two times actual damages.
The civil penalty is not available, if the manufacturer participates in a third party arbitration program that is compliant with California Department of Consumer Affair’s Arbitration Certification Program.
Note, there is a one year statute of limits to bring any such claims.
Resources
Purchasers of new vehicles may attempt to get the dealer to voluntarily negotiate a solution through mediation, including the New Motor Vehicle Board at the following website address:
Link to the California Department of Consumer Affairs Arbitration Certification Program
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