Lemon Law refers to consumer protection laws that provide remedies for buyers of defective vehicles that fail to meet quality and performance standards. These laws exist at both the federal and state levels, with state laws varying by jurisdiction.
Key Aspects of Lemon Law:
- Applies to New (and Sometimes Used) Vehicles: Most state lemon laws cover new vehicles, but some states also cover used or leased cars.
- Substantial Defect: The defect must significantly impact the car’s safety, use, or value and must not be due to the owner’s misuse.
- Reasonable Repair Attempts: The manufacturer or dealer must have a reasonable number of attempts (usually 3-4) to fix the issue. In some cases, if the defect poses a safety risk, fewer attempts may be required.
- Time & Mileage Limits: Lemon Laws typically apply within a certain period (e.g., first 18 months or 18,000 miles) after the purchase.
- Manufacturer Buyback or Replacement: If the vehicle qualifies as a “lemon,” the manufacturer must either replace the vehicle or offer a refund, including taxes, registration, and other fees.
California Lemon Law (Song-Beverly Consumer Warranty Act)
Since you’re in San Diego, California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) applies. It protects consumers who buy or lease new or certified pre-owned vehicles that turn out to be defective. Some key points:
- Covers vehicles with a manufacturer’s warranty (even some used cars).
- If the vehicle has a significant defect that the dealer/manufacturer cannot fix after a reasonable number of attempts, the owner may be entitled to a refund or replacement.
- The manufacturer is also responsible for covering attorney’s fees if the consumer wins the case.
Would you like help determining if a client’s vehicle qualifies under California Lemon Law?
Contact us to proceed with your Lemon Law case (619) 230-0330
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