Song-Beverly Consumer Warranty Act - California’s “Lemon” Law

California’s lemon law was enacted to make manufacturers of products live up to the warranties they provide to consumers. In general terms, the CA lemon law looks at whether a warrantor has been given a reasonable opportunity to repair a problem with the vehicle. In most cases, whether a vehicle is a “lemon” is determined based on: 1.) The number of times the vehicle was presented for repair or how long a vehicle was out of service for repair; and 2.) Whether the problem is one that substantially impairs the use, value, or safety of the vehicle.

Reasonable Opportunity to Repair

A manufacturer that is unable to repair a vehicle under warranty within a reasonable number of repair attempts must promptly refund the purchase price of the vehicle or replace it. (Cal. Civ. Code § 1793.2(d).) A consumer must give a manufacturer or its authorized dealership a reasonable opportunity to repair the vehicle to conform to the written warranty it provided.

Whether a manufacturer has been given a reasonable opportunity to repair a vehicle depends on the circumstances. Generally, a consumer must at least provide a manufacturer more than one opportunity to repair to have a claim for a breach of the express written warranty. However, there may be circumstances where a single repair opportunity is enough for a vehicle to be a lemon. You should speak with an attorney to determine whether you have presented the vehicle enough times for repair to have a claim under the lemon law.

Substantial Impairment of Use, Value, or Safety

The CA lemon law requires that a vehicle have a nonconformity which substantially impairs the use, value, or safety of the vehicle to the consumer. (Civ. Code § 1793.2(d); § 1793.22(e).) A “nonconformity” is best described as a defect in the vehicle. (See Schreidel v. American Honda Motor Co. (1995) 34 Cal.App.4th 1242, 1249.) Whether a vehicle has a defect or nonconformity that substantially impairs the use, value, or safety depends on the circumstances. There are numerous factors for determining substantial impairment, including but not limited to, the nature of the defect, the cost and length of time required for repair, whether past repair attempts have been successful, and the degree to which the vehicle can be used while awaiting repair. (See Lundy v. Ford Motor Co. (2001) 87 Cal.App.4th 472, 478.) You should speak with an attorney to determine whether any problem for which you have presented the vehicle is a nonconformity sufficient for a claim under the CA lemon law.

Implied Warranty of Merchantability

The CA lemon law also provides for remedies for breach of the implied warranty of merchantability that accompanies the sale of the vehicle in addition to written warranties. (Civ. Code § 1794(a), (b), § 1791.1(a).) The implied warranty of merchantability requires that a vehicle is fit for the ordinary purposes for which vehicles are used. A vehicle’s ordinary purpose is generally to provide transportation. However, the implied warranty of merchantability requires more from a vehicle that the mere capability of getting from point A to B. (See Brand v. Hyundai (2014) 226 Cal.App.4th 1538, 1546.) The duration of the implied warranty is a year, but the duration can vary based on the circumstances.

Generally, for vehicles that are purchased new from a manufacturer authorized dealership, the vehicle will come with both an express written warranty from the manufacturer and an implied warranty of merchantability from the manufacturer and dealership. There are some circumstances where a manufacturer or dealership may not have impliedly warranted the vehicle. For example, used vehicles may not be impliedly warranted by the manufacturer. You should speak with an attorney to determine whether the implied warranty of merchantability applies to your vehicle.

Remedies for Consumers

If a manufacturer violates its obligations under the lemon law, a consumer can bring a lawsuit and may recover:

-The amount paid or payable for the vehicle.

-Taxes and license fees paid for the vehicle.

-Costs incurred to repair the vehicle.

-Any rental expenses incurred.

-A civil penalty up to two times the consumer’s actual damages.

-Reasonable attorneys’ fees and costs.

(Civ. Code § 1794(a), (d),(c).)

California’s Lemon Law Applies to Most Vehicles

The CA lemon law applies to new motor vehicles bought or used primarily for personal, family, or household purposes. Also covered are vehicles bought for business use if the vehicle weighs less than 10,000 pounds and the business owns five or fewer vehicles. (Civ. Code § 1793.22(e)(2).) Used vehicles may also be covered under the CA lemon law depending on the circumstances.

Statute of Limitations

The CA lemon law has a statute of limitations of four years from the breach of warranty to bring a claim. You should consult with an attorney to determine how long you have to file a lemon law claim based on your specific circumstances.

-.-.- The information in this section is for informational purposes only and should be taken as legal advice. You should not act upon any information provided in this section without first speaking with a qualified attorney. -.-.-