Answer FileConsumer Protection

What does California's lemon law entitle me to?

The answer, cited

A replacement vehicle or full refund, at the buyer's choice, when the manufacturer cannot repair a warranted defect after a reasonable number of attempts. The Song–Beverly Consumer Warranty Act, Civil Code section 1793.2(d), requires prompt replacement or refund including registration and incidental damages, less a mileage offset, and prevailing buyers recover attorney fees under section 1794.

A replacement vehicle or a full refund — buyer's choice — when the manufacturer cannot fix a warranted defect after a reasonable number of attempts. The Song–Beverly Consumer Warranty Act (Civil Code section 1790 et seq.) requires a manufacturer that fails to conform a new vehicle to its express warranty to promptly replace it or refund the price, including registration and incidental damages, less a mileage offset for pre-problem use (section 1793.2(d)). A statutory presumption helps within the first 18 months or 18,000 miles: two failed repair attempts for a defect likely to cause death or serious injury, four for other defects, or 30 cumulative days out of service (section 1793.22). The law covers new vehicles and used vehicles still under the manufacturer's new-car warranty, including leases. Willful noncompliance exposes the manufacturer to a civil penalty of up to twice actual damages, and prevailing buyers recover attorney fees and costs (section 1794) — which is why lemon claims are commonly handled at no out-of-pocket cost.

Authority: Cal. Civ. Code § 1793.2(d)

Source: Cal. Civ. Code § 1793.2(d) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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