This California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) is a powerful consumer protection law when they purchase or lease, new or used vehicles. Not only does it cover automobiles, but also trucks, SUVs, RVs, motorcycles and even boats.
What does this law state? It requires that if a vehicle manufacturer sold a vehicle to a consumer and it has damage or malfunction that cannot be repaired after a reasonable number of attempts, then the consumer is eligible for a replacement vehicle and/or their money refunded. This law, passed over a decade ago, was a real boon for consumers in this state.
If you win your case, not only do you receive the purchase price but you have the choice of that or a new replacement vehicle of the same make and model only of the current year. The consumer is entitled to any money that was paid for repairs, down payment, monthly payments, and finance charges as well as money laid out for rental cars and towing if applicable. The law is very specific and says that not only do you receive that, but also refunds for tax, license, registration and any other fees incurred while owning that vehicle except for gas and insurance. All of this is returned to you minus being charged for your use of the vehicle which they have a mathematical equation for and will figure out for you according to this lemon law.
This lemon law applies to the entire length of your warranty even if the vehicle is used and/or leased. What this means is that for example: you have a new vehicle that has a 3 year warranty, but your vehicle is 1 1/2 years old. What do you do? Do you still qualify? Under this lemon law in California, the answer is yes. But the experience with this law that we have is that if you believe you have a lemon, get going on your case as soon as possible. That could be a determining factor in your winning or losing your lawsuit.
Some would argue with the above and say that since the state has a 4 year stature of limitations with this law that you have until then to qualify. That of course is true, but you don't want to take the chance of not qualifying because the judge felt you lived with the situation for so long, that it can't be that serious. Also, the longer you wait, the more miles you put on the car which will be deducted from your settlement.
Author Resource:-
Allen Walters is an experienced consumer who has dealt with the California Lemon Law. Through interactions with a California Lemon Law attorney, he has learned how to navigate through the Automobile Industry.
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