The “lemon laws” have been enacted in many states to provide consumers and businesses with remedies when new or used motor vehicles under warranty (such as cars, motorcycles, RV’s and boats) are left unrepaired after a reasonable number of attempts. California’s lemon law statute provides consumers with some of the broadest protections available.

California’s “lemon law” is located in the Song-Beverly Consumer Warranty Act, Cal. Civ. Code section 1790, et. seq. The “lemon law” section of the Act is called the Tanner Consumer Protection Act. Consumers should note that California’s lemon laws are comprehensive and offer consumers that purchased or leased a car, truck, RV, motorcycle or other consumer good extensive protection and legal remedies. Although these laws are complex and involve procedural requirements that a qualified lemon law attorney can help you navigate, the following is a short list of the basics of a lemon law claim:

A. Manufacturer’s Warranty

First, in order for a consumer to obtain the benefits of these laws, the person that was sold a new or used lemon must have received the vehicle with a warranty from the manufacturer. It is important to remember that even if you purchase a used vehicle, you may still have a lemon law claim if there is a balance remaining on the manufacturer’s warranty. There are also ways that a warranty that expired on paper can be extended, if, for example, a problem that was reported during the initial warranty period was never adequately fixed.

B. Defect That Substantially Affects Use, Value or Safety

For a lemon law claim, your vehicle must continue to have a defect that impairs its use, value or safety. The defect must substantially impair at least one of these three.

i. Use

An impairment of use might seem obvious: it is something that makes the vehicle less useful. For example, if the vehicle was purchased for commuting, but has an irreparable engine problem that causes it to unexpectedly lose power on your trip, then its use would be impaired.

ii. Value

A vehicle’s value is impaired if the defect causes it to be worth less than the same vehicle that does not have that impairment. For example, a vehicle with a damaged transmission that causes it to stall on its own is worth less than that same vehicle with a fully operable transmission that does not stall. So, the vehicle’s value would be impaired.

iii. Safety

A safety impairment is perhaps so obvious that it does not require explanation. If your vehicle has a defect that makes it dangerous so that it poses a threat to your safety or that of others, then your vehicle has a defect affecting safety. For example, a vehicle with brakes that unpredictably catch fire on their own has a safety defect.

C. Defect Not Repaired After Reasonable Number of Attempts

A defect that affects use, value or safety must still remain unresolved even after the manufacturer or its authorized agent made a reasonable number of repair attempts. The number of attempts is a flexible concept and also depends on the seriousness of the problem. For example, a safety defect that cannot be repaired after two (2) attempts is enough to establish a “reasonable number”, but two (2) attempts to fix a defect where the stereo shuts off on its own will probably not be enough.

Also, the “lemon law” provides a presumption that there have been a “reasonable number” of attempts if during the first 18 months of ownership or 18,000 miles on the odometer (whichever happens first) there are:

(a) two (2) attempts to repair a safety defect or

(b) four (4) attempts to repair the same recurring defect or

(c) the vehicle was in the repair shop for a total of 30 days or more.

Because this presumption can be a persuasive settlement tool, consumers are urged to contact our offices immediately to have a lemon law attorney analyze the strengths and weaknesses of your particular case. In some cases, the Law Office of Arthur J. Obolsky can help you negotiate a buyback or replacement and possibly avoid litigation altogether.

D. Legal Remedies

If the manufacturer or its authorized dealer was unable to properly fix the vehicle, then the consumer is entitled to a full refund or a defect-free replacement vehicle. With either selection, the consumer is entitled to a refund of all expenses he or she incurred such as sales tax, license and registration fees, finance charges, repair/towing or rental charges, and any other official fees that were incurred. The consumer is also entitled expenses that were incurred because of the defect, such as consequential expenses. In some cases, a civil penalty of up to two times your damages may be awarded in addition to your damages.

Call the Law Office of Arthur J. Obolsky now at (510) 981-0867 for a free case evaluation and find out if you have a viable lemon law case.