California Lemon Law

The Song-Beverly Consumer Warranty Act, Cal. Civil Code §§ 1790-1795.7; Tanner Consumer Protection Act, § 1793.22; Cal. Business and Professions Code §§ 472-472.5; 16 Cal. Code of Regs. §§ 3396.1-3399.6.

 

The California lemon law covers:

 

• A new motor vehicle
• The chassis cab of a motor home
• A dealer owned vehicle
• A demonstrator vehicle

 

The California lemon law covers a vehicle that is sold with a manufacturer's new car warranty:

 

• Used or bought for use primarily for personal, family or household purposes
• Has a gross vehicle weight under 10,000 pounds
• Bought or used primarily for business purposes by any person or business to which at least one but not more than five motor vehicles are registered in California

 

According to the California lemon law, the motor vehicle must have been:

 

• Originally purchased or leased at retail in California
• Purchased or leased by a full-time active duty member of the Armed Forces who is stationed or is residing in California at the time of purchase or lease

 

The California lemon law does not cover:

 

• Any portion of a motor home designed, used or maintained primarily for human habitation Motorcycle
• Motor vehicle that is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways

 

Nonconformity as defined by the California Lemon Law:

 

• A "nonconformity" is defined by the Tanner Act as a defect that substantially impairs the use, market value, or safety of the motor vehicle
• A "nonconformity" is defined by the Certification Regulations as any defect, malfunction or failure to conform to the written warranty
• A "substantial nonconformity" is any defect, malfunction or failure to conform to the written warranty that substantially impairs the use, value or safety of the new motor vehicle

 

Motor Vehicle Warranty and the California Lemon Law

 

Lemon laws are the US state laws that offer remedies to consumers for the products like boats, cars, computers, motorcycles, refrigerators, RVs, etc. which frequently fail to meet the set standards of quality and performance. A purchaser or lessee of a new motor vehicle has various rights under both State and Federal laws, if the vehicle does not perform as mentioned in an express warranty. These vehicles are commonly referred to as "lemons". There are both state and federal lemon laws that protect the interests of consumers against these "lemons". The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.

 

The California lemon law

 

California's Song-Beverly Consumer Warranty Act is commonly referred to as the California Lemon Law. It was enacted to protect consumers who may have to deal with a lemon. A lemon is a vehicle that shows a severe nonconformity which is hard to repair. In California, a purchaser or lessee of a new motor vehicle has various rights under both the State and Federal laws, if the vehicle does not perform as stated in an express warranty.

 

This information is not intended as legal advice. Please direct your specific questions to Krohn & Moss for protection involving defective vehicles (lemon law), Products (Warranty law), Consumer Fraud, Violations of Renters Rights, Credit Report discrepancies and lenders and creditors discrepancies.

 

If you think your consumer rights have been violated and you need legal help, call Krohn & Moss attorneys, toll free, at 1-800 US LEMON (800-875-3666) for a FREE CASE REVIEW, or complete one of our Online submission forms.