Know Your Rights – Understand The Lemon Law

By: Barry Edzant


Think you've gotten yourself a lemon? Trust your instincts and know your rights.

In California, there is an excellent consumer protection law known as the "Lemon Law" (Song-Beverly Consumer Warranty Act). This law enables California consumers to take legal action against the manufacturers of defective vehicles.

The Lemon Law is reasonably easy to comprehend. If you have given the manufacturer ample time to fix your car and it still isn't right, they must either replace or reimburse you the cost of the purchase price.

Four attempts at a repair that remains un-repaired constitute a "reasonable" attempt. If the defect is "life-threatening or likely to cause serious bodily injury," you only need two repairs to be considered reasonable. If the repairs are attempted within the manufacturer's warranty period and the vehicle is inoperable for a cumulative thirty days it also falls within the scope of the Lemon Law. Not only must the manufacturer replace the vehicle, they are also liable for other incurred expenses such as vehicle repairs, towing, license fees, and rental expenses.

There are, of course, some obstacles. The vehicle must still fall under the first manufacturer's warranty and the problems must affect the safety, value, or use of the vehicle. For example, the Lemon Law would not cover something like a constantly broken cup holder. This law is also not applicable to motor homes, motorcycles, or vehicles primarily created for off-road use (there are other laws to cover these types of vehicles). A mileage deduction for mileage put on the vehicle before the defect occurs is something a manufacturer is entitled to. Check to see if other restrictions apply.

Because of the Lemon Law, you will be fortunate enough to get the lemon out of your driveway and get back at least some, if not all, of the money you spent on the purchase, which includes loan payments and any other loss you may have incurred. The Lemon Law was created as a consumer protection law and protects as intended.



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About The Author
Barry Edzant is a Los Angeles lemon law attorney. With more than 10 years of experience working with the California lemon law attorneys, Barry understands the nuances of the system and is prepared to fight for you. He is also a Santa Clarita personal injury attorney and a proficient California lemon laws.