California Lemon Law California Lemon Law Statute Frequently Asked Questions California Lemon Law Blog What to do if You Bought a Lemon

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Law Offices of
Howard D. Silver

513 Water Oak Lane, No. A,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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Purchasing a vehicle, especially a new car, can be an exhilarating and rewarding experience. The automobile in America, and specifically in California, represents much more than a means of transportation. In so many ways, our automobiles are reflections of our personalities and a prime example of the unrestrained freedom that so many of us value so highly. But what happens when the auto you purchase does not operate properly, or maintain its usefulness, performance, or safety for the period of time you believe it should?

Fortunately, the legislators of the State of California have enacted something called the Song-Beverly Consumer Warranty Act, commonly referred to as the “Lemon Law”. At its essence, the California Lemon Law requires anyone who promises to repair a vehicle, to keep their agreement, or to repurchase or replace your vehicle, if they don't. The law applies to any vehicle with a warranty, including used cars that come with a warranty from a dealership or seller. The law also extends to all types of motorized vehicles, including cars, trucks and the chassis portion of a motor home. In fact, any vehicle acquired for personal, family and sometimes even business use, whether purchased or leased, falls under the jurisdiction of the California Lemon Law.

A major component of the California Lemon Law are the terms of the warranty. A warranty is a promise to make something work properly or to maintain its usefulness or performance for a specified period of time. Under the Lemon Law, violation of that warranty occurs when a defect in the vehicle substantially impairs its use, value, or safety. Warranties are legal documents, and many of the terms and conditions used in them can be difficult to decipher. The assistance of a CA Lemon Law Attorney can be of paramount importance in determining what defects warranties cover and the best way to proceed when it comes to the circumstances of your particular case.

The tenants and statutes in the Song-Beverly Consumer Warranty Act are complicated and easily misunderstood. Without an experienced California Lemon Law attorney, navigating the Lemon Law minefield can be very difficult. If your case goes to trial it may go before a jury, and in order to win your case, the following must be established:

• That the vehicle in question was legally purchased or leased
• That a valid warranty exists
• That the vehicle failed to perform as represented in the warranty
• That upon learning of the defects, the vehicle was delivered to an authorized repair facility to be repaired
• That the authorized repair facility failed to repair the defects after a reasonable number of opportunities
• The vehicle manufacturer or distributor or the Company that issued the warranty, did not replace or reimburse the consumer for the value of the vehicle

Obviously, these instructions can be vague and interpreted many different ways. Nebulous terms like “reasonable number of opportunities” are variables that need to be argued by experienced Southern California Lemon Law Lawyers. If your vehicle is determined to be a lemon, you have the right to choose a refund instead of a replacement vehicle. You cannot be required by the manufacturer to accept a replacement vehicle instead of a refund. In addition, you may be able to get reimbursement for repair, towing and rental vehicle costs. Having competent counsel on your side can also help force action from the entities responsible for the repair or replacement of your defective vehicle.

If you think the car you bought is a lemon and you want your money back or another car, you should contact the Law Offices of Howard D. Silver today for a free, half hour consultation with one of our experienced California Lemon Law attorneys.

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Song-Beverly Consumer Warranty Act Jury Instructions

Read the specific California Lemon Law jury instructions for examples of what you must prove if your case goes to trial.

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What To Do If You Think You Have Bought A Lemon Car?

If you think the car you bought is a lemon and you want your money back or another car, protect yourself by doing the following things...

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For more information, see our list of Frequently Asked Questions regarding the California Lemon Law.