Many consumers purchase a vehicle which has mechanical problems. Sometimes these problems occur quickly. Sometimes the problems do not appear until months or years after the purchase. If your vehicle has mechanical problems, the manufacturer or dealer may be required by law to repair or replace your vehicle, or you may be able to return the vehicle and get your money back under California’s “Lemon Law.”
If you ask if there are any mechanical problems with a vehicle, and the dealer does not tell you about a problem they know about, the dealer committed fraud. A dealer cannot lie to you about the mechanical condition of a vehicle, even if you did not buy a warranty, and even if the vehicle was sold “As-Is.”
Brief Summary of the California Lemon Law (Song-Beverly Consumer Warranty Act)
Implemented in the 1970’s, the California Lemon Law (Song-Beverly Consumer Warranty Act) protects consumers when purchasing a consumer product, usually a vehicle. The California Lemon Law also provides protection to buyers of boats, RVs, refrigerators, computers, washers and dryers, and a variety of other products used for personal/household purposes, including residential solar systems.
In some instances, a commercial vehicle may also have legal rights under the California Lemon Law.
Under the California Lemon Law, a vehicle may qualify for reimbursement of your money, repurchase, rescission, replacement, or payment of monetary damages under the following circumstances:
The vehicle was purchased from a dealership – not an independent seller/private-party
- A vehicle warranty was provided by the manufacturer or dealer.
- The vehicle was not sold “As Is.”
- The vehicle has undergone multiple repair attempts at an authorized dealership.
- It’s had two or more failed repair attempts for a defect that presents a significant safety hazard.
- It’s spent 30 or more days in the repair shop (days do not have to be consecutive).
- It has not been repaired after a “reasonable” number of repair attempts by a dealership.
- The repairs were covered by the warranty.
- The vehicle was unsafe or unusable at the time it was purchased from a dealership.
- The vehicle remains unrepaired.