Song Beverly Warranty Rights

Determining what a reasonable number of repair attempts is under the California Lemon Law will depend on the circumstances of the problem with the vehicle, including how the problem impairs the use, value or safety of the vehicle to the buyer. Two repair attempts may be considered reasonable for serious safety defects such as a steering or brake failure, depending on the situation.

There is a section of the CA Lemon Law which helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle to the buyer. The California “Lemon Law” applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During this time frame, the CA “Lemon Law” presumes that a manufacturer had a reasonable number of attempts to repair the vehicle if either; (1) the same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual; or (2) the same problem has been subject to repair four or more times by the manufacturer, or its authorized repair facility and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual; or (3) the vehicle is out of service for repair for a cumulative total of more than 30 days since delivery of the vehicle for all nonconformities, regardless of whether there has been repeat repair for any one particular problem .

The California “Lemon Law” presumption is a guide only and should not be considered and automatic determination of a reasonable number of repairs. While a judge or jury could presume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met, the manufacturer has the right to try to prove that it should have the chance to attempt additional repairs. In addition, the consumer has the right to show that fewer repair attempts should be considered reasonable under the particular circumstances.

Be sure to check your warranty and owner’s manual for instructions. If you plan on using the California Lemon Law presumption you may be required to directly notify the manufacturer of the problem(s) with the vehicle. If you do send correspondence to the manufacturer it is recommended the notice be made by certified mail, return receipt requested so that you have proof that your letter was received. You should always keep a copy of any correspondence with the manufacturer or its authorized repair facility. In some circumstances where the consumer wishes to assert the presumption above, and the manufacturer maintains a state-certified arbitration program which also meets federal guidelines, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Not every manufacturer maintains a California Lemon Law state certified program and recently many such programs have been found to not comply with Federal guidelines.

There is absolutely no requirement for the buyer to use the presumption or go through arbitration prior to filing a lawsuit. In many cases foregoing the presumption would be more beneficial to the consumer in the long run. Check with an experienced California Lemon Law attorney before deciding to go through arbitration. An experienced CA Lemon Law attorney will be able to tell you if arbitration is recommended in your situation.

What Type of Vehicle Is Covered

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor purchased primarily for business use if the vehicle has a gross vehicle weight under 10,000 pounds; as long as the business has less than five motor vehicles are registered in this state. Gross Vehicle Weight means how the vehicle is actually used not the capacity of the vehicle to carry a certain amount

The law discussed above applies to “new motor vehicles.” The term “new motor vehicle” includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer’s new car warranty. For example, a three year old used car sold with the remaining portion of a manufacturer’s new car warranty would be treated as a new motor vehicle.

Consumer Goods and Certified Pre-Owned Used Vehicles

The legal rules discussed above apply to new motor vehicles. However, Song-Beverly has additional provisions that apply to any consumer product sold with an express written warranty. Therefore, there is important coverage for motorcycles, boats, motor homes, and used vehicles sold certified pre-owned or with a dealer’s express written warranty.

A detailed explanation of the warranty rights for consumer goods is beyond the scope of this page. In a nutshell, just understand that although there are certain rights that protect the buyer of such products, coverage is not identical to the coverage for a new motor vehicle. As an example, a manufacturer that is unable to fix a consumer good to meet the terms of the express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer’s use. However, there is no set formula to determine the amount which will be charged for the consumer’s use before the discovery of the problem. The California Lemon Law presumption also does not apply to consumer goods.