What is the CA lemon law? California

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An Overview of the California Lemon Law

California’s Lemon Law, known throughout the state as the Song-Beverly Consumer Warranty Act, is in place to protect buyers and lessees of motor vehicles that do not perform to the standards of the vehicle’s warranty.

These kinds of defective motor vehicles are known as lemons, and unlike many states’ Lemon Laws, which usually cover only new cars, the California Lemon Law covers both new and used cars.

But, before a car can be classified as a lemon car, a few things must take place.

Qualifying Motor Vehicles

The state’s Lemon Law doesn’t cover just any new or used cars; in order for a vehicle to qualify, it must have been purchased in California from a dealership licensed to sell vehicles in the state.

Furthermore, it must:

  • Have been purchased and used primarily for personal, family, or household uses, or,
  • Have been purchased and used primarily for business purposes by a person, partnership, limited liability company, corporation, association, or any other legal entity (as long as the vehicle has a gross vehicle weight of fewer than 10,000 pounds and the organization owns no more than five other vehicles registered in California).
Going even further, the Lemon Law can cover:

  • Motorcycles.
  • Boats.
  • Living quarters of mobile homes.
  • Repurchased lemon vehicles sold by dealers.

Defining a Lemon

If the vehicle meets the above requirements, it might be a lemon if:

  • It’s still under warranty. (There is no requirement of “X Number of Miles” or “X Number of Months/Years” in California’s Lemon Laws; as long as the vehicle is still under warranty, you’re good to go.)
  • It was purchased with a service contract.
  • An auto repair mechanic at a qualified dealership failed to repair the problem after a reasonable number of attempts. This number varies depending on the seriousness of the problem.
  • The vehicle has been inoperable for 30 or more days.
Keep in mind these are just general guidelines. You can find specifics about lemon requirements when you:

  • Visit the website of the California Attorney General.
  • Check out the "Car Buyer’s Bill of Rights" (geared very much toward used cars) and the Civil Code Section 1793.23, both of which are located on the CA DMV website.
  • Calling (800) 952-5210 to request a copy of the Department of Consumer Affairs publication, "Lemon-Aid for New Car Buyers.”

Contacting a Lemon Law Attorney

Because the state’s Lemon Law is so broad, and because it covers so many different vehicles and scenarios – each of which has to meet certain requirements – it’s in your best interest to contact a Lemon Law lawyer the minute you think you have a lemon on your hands.

An experienced Lemon Law attorney can advise you on each step you should take from the very beginning, including hanging on to all paperwork and correspondences with the dealership should you need to file a Lemon Law claim.

Not every lemon car situation comes out smelling fresh, after all.

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