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California Lemon Law

The California Lemon Law (Song-Beverly Consumer Warranty Act) protects consumers from being stuck with a defective vehicle if, under the original warranty, a manufacturer extended warranty (Certified Vehicles,) or a dealer warranty, the manufacturer or dealership cannot repair a defect or malfunction that substantially affects the vehicle's use, value or safety within a reasonable number of repair attempts. The law requires the manufacturer to either repurchase or replace the vehicle and may entitle you to additional court approved penalties or damages depending on your case. You may also be entitled for a reimbursement of all other out-of-pocket vehicle expenses, repairs, license fees, DMV fees, tow fees, car rental fees, loan interest, attorney's fees and all other related expenses.

Lemon Law Breakdown

The California Lemon Law Applies to the following vehicles:

Lemon Law Cars/Trucks/SUVs: Acura, Aston Martin, Audi, BMW, Bentley, Buick, Cadillac, Chevrolet, Chrysler, Dodge, Ferrari, Fisker, Ford, GMC, HUMMER, Honda, Hyundai, Infiniti, Isuzu, Jaguar, Jeep, Kia, Lamborghini, Land Rover, Lexus, Lincoln, Lotus, Mini, Maserati, Maybach, Mazda, McLaren, Mercedes-Benz, Mercury, MINI, Mitsubishi, Nissan, Pontiac, Porsche, Rolls-Royce, Saab, Saturn, Scion, SMART, Subaru, Suzuki, Tesla, Toyota, Volkswagen, Volvo

Lemon Law Motor Homes/Recreational Vehicles/RVs: Alfa, Alpine, Country Coach, Fleetwood, Gulf Stream, Itasca, Monaco, National RV, Polaris, Prevost, Travel Supreme, Winnebago

Lemon Law Motorcycles: American Eagle, American Iron, Aprilia, BMW, Buell, Ducati, Harley Davidson, Honda, Indian, Kawasaki, KTM, Susuki, Titan, Triumph, Twin Eagle, Victory, Yamaha

Lemon Law Boats/watercraft: Albemarle, Albin, Alumacraft, Azimut, Baja, Bavaria, Bayliner, Beneteau, Bertram, Boston Whaler, C&c, Cabo, Carolina Skiff, Carver, Catalina, Century, Chaparral, Chris-craft, Cobalt, Contender, Cranchi, Crestliner, Crownline, Cruisers, Cruisers Yachts, Custom, Donzi, Doral, Dufour, Egg Harbor, Elan, Fairline, Ferretti, Fisher, Formula, Fountain, Fountaine Pajot, Four Winns, G3, Glastron, Grady-White, Grand Banks, Grand Soleil, Hallberg-rassy, Hanse, Hatteras, Hunter, Hurricane, Hydra-sports, J Boats, Jeanneau, Lagoon, Larson, Lowe, Luhrs, Lund, Mainship, Mako, Mastercraft, Maxum, Meridian, Monterey, Moody, Nitro, Ocean, Pearson, Pershing, Princess, Pro-line, Pursuit, Ranger, Regal, Regulator, Rinker, Riva, Riviera, Robalo, Sea Fox, Sea Ray, Sealine, Seaswirl, Silverton, Skeeter, Starcraft, Stingray, Sun Tracker, Sunseeker, Tahoe, Tiara, Tollycraft, Tracker, Triton, Trojan, Trophy, Viking, Wellcraft, Yamaha

Lemon Law Small Planes:

The Law Offices of Robert Mobasseri provide free case evaluation, document review, and attorney consultations regarding consumers' rights under the California and Federal Lemon Laws. Please don’t hesitate to call us at (213) 282-2000 to schedule an appointment or discuss your case over the phone.

You may also speed things up by filling out our free, no obligation Vehicle Review Form and we will call you back to discuss your Lemon Law options!

California (CA) Lemon Law

CA Civil Code Section 1790-1790.4 (Song-Beverly Consumer Warranty Act)

1790. This chapter may be cited as the "Song-Beverly Consumer Warranty Act."

1790.1. Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary to public policy and shall be unenforceable and void.

1790.2. If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

1790.3. The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of this chapter, the provisions of this chapter shall prevail.

1790.4. The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act.

CA Civil Code Section 1793.22 (Tanner Consumer Protection Act)

1793.22
  • (a) This section shall be known and may be cited as the Tanner Consumer Protection Act.
  • (b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:
    • (1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.
    • (2) The same nonconformity has been subject to repair four 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 nonconformity.
    • (3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner's manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.
  • (c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer's rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.
  • (d) A qualified third-party dispute resolution process shall be one that does all of the following:
    • (1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987. 2.
    • (2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.
    • (3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.
    • (4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
    • (5) Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2
    • (6) Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
    • (7) Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
    • (8) Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute.
    • (9) Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.
  • (e) For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:
    • (1) "Nonconformity" means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.
    • (2) "New motor vehicle" means a new motor vehicle which is used or bought for use primarily for personal, family, or household purposes. "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A "demonstrator" is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.
    • (3) "Motor home" means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
  • (f)
    • (1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
    • (2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses.

The Law Offices of Robert Mobasseri provide free case evaluation, document review, and attorney consultations regarding consumers' rights under the California and Federal Lemon Laws. Please don’t hesitate to call us at (213) 282-2000 to schedule an appointment or discuss your case over the phone.

You may also speed things up by filling out our free, no obligation Vehicle Review Form and we will call you back to discuss your Lemon Law options!

Applies to:

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Lemon Law Auto Fraud serves the following California counties: Inyo, Imperial, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura.

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Disclaimer: The following Lemon Law and Auto Fraud information has been compiled from various public sources. It is presented online for informational use only, and without warranty as to its accuracy, timeliness, or completeness. This site does not replace any official versions of the information presented, nor does use of this information constitute an attorney-client relationship. It is always recommended that you do not make any decisions about any legal matter without first consulting an attorney to ensure that all of your rights are protected, as well as to find out if your vehicle meets the established Lemon Law or Auto Fraud Criteria for your state.