Understanding California Lemon Law and Your Rights as a Consumer

California's Song-Beverly Consumer Warranty Act, commonly referred to as the California Lemon Law, is one of the most robust consumer protection statutes in the United States. This law holds manufacturers accountable for selling defective goods. It empowers consumers who purchase or lease vehicles that fail to meet quality and performance standards. Whether driving through the streets of Los Angeles or across California, understanding your rights under this act can make the difference between months of frustration and the recovery of significant compensation.

Background and Purpose of the Song-Beverly Consumer Warranty Act

Enacted in 1970, the Song-Beverly Act emerged from the need to protect California consumers from unscrupulous manufacturers and dealers. Before its implementation, buyers were often at the mercy of large auto companies, with little recourse if a vehicle turned out to be defective. Senators Alfred H. Song and Robert G. Beverly championed this legislation to address the imbalance, providing legal tools for consumers to fight back when they are sold a lemon.

What Does the California Lemon Law Cover?

The Song-Beverly Act applies to new and used vehicles sold or leased in California that are covered by the manufacturer’s new vehicle warranty. Covered vehicles include:

• Cars, trucks, SUVs, and vans

• Dealer-owned vehicles and demonstrators

• Vehicles purchased or leased primarily for personal, family, or household use

• Certain business vehicles, provided the business registers fewer than five vehicles

  
  

In addition to motor vehicles, the act also applies to other consumer goods, such as appliances and electronics, provided they are covered by a warranty.

Core Consumer Protections Under the Song-Beverly Act

The Act mandates that manufacturers and their authorized dealerships must repair defective vehicles within a reasonable number of attempts. The main protections include:

1. Performance Assurance: The product must perform as promised under warranty.

2. Suitability for Intended Use: The vehicle must serve the purpose for which it was purchased.

3. Quality Standards: The product must meet the quality and safety standards expected in the marketplace.

   
   

If a manufacturer fails to meet these obligations, the consumer may be entitled to a replacement vehicle or a full refund, minus a reasonable usage fee.

Qualifying for Lemon Law Protection in California

To qualify under the California Lemon Law, the vehicle must:

• Be covered by the manufacturer’s new vehicle warranty

• Exhibit a defect or defects that substantially impair the vehicle’s use, value, or safety

• Have undergone a reasonable number of repair attempts by the dealership

  
  

A "reasonable number" is not set in stone but typically involves:

• Two or more repair attempts for a defect that could cause serious injury or death

• Four or more repair attempts for the same non-life-threatening issue

• A cumulative total of more than 30 days in the shop for warranty-covered repairs

  
  

These standards ensure that consumers are not burdened with a defective product while still giving the manufacturer a fair opportunity to make things right.

The Tanner Consumer Protection Act: A Powerful Extension of Lemon Law

An important subsection of the Song-Beverly Act is the Tanner Consumer Protection Act. This section introduces a "presumption" that a vehicle is a lemon if it meets certain conditions within the first 18 months or 18,000 miles of ownership:

• The manufacturer has made four or more attempts to repair the same issue

• The manufacturer has made two or more attempts to fix a serious safety defect

• The vehicle has been out of service for 30 or more cumulative days

  
  

If these criteria are met, it is presumed that the vehicle is a lemon, shifting the burden of proof to the manufacturer to prove otherwise. However, consumers should know that not meeting the Tanner criteria does not disqualify them from lemon law protection.

Damages and Remedies Available Under the California Lemon Law

Under California Civil Code § 1794, successful lemon law claimants may be entitled to:

1. Refund or Replacement: The consumer may choose between a refund or a replacement vehicle.

2. Incidental and Consequential Damages: These include out-of-pocket expenses like towing, rental cars, and repair-related travel costs.

3. Civil Penalties: If the manufacturer is found to have willfully violated the law, civil penalties may be awarded, sometimes up to twice the amount of actual damages.

4. Attorney’s Fees and Costs: The law provides that manufacturers must pay the consumer’s legal fees, ensuring access to quality representation.

   
   

These remedies are designed to make the consumer whole again and act as a deterrent against unethical conduct by manufacturers.

How Manufacturers Defend Against Lemon Law Claims

Despite the strong protections offered by the California Lemon Law, manufacturers often defend claims aggressively. Common tactics include:

• Arguing that the defect does not substantially impair the vehicle’s use, value, or safety

• Claiming that the consumer failed to provide sufficient repair opportunities

• Asserting that the problem was caused by misuse or lack of maintenance

  
  

These defenses can be overcome with detailed documentation, strategic legal arguments, and, when necessary, expert testimony.

Aftermarket Modifications and Lemon Law Rights

Many California vehicle owners add aftermarket parts to personalize their cars. If you’ve installed custom rims, upgraded the stereo, or added performance parts, you may wonder how this affects your lemon law rights. Generally, aftermarket modifications do not void your lemon law protections unless the modification directly causes the defect. If you’ve reverted the vehicle to original manufacturer parts before seeking repairs, this also strengthens your claim.

What If You Don’t Have All Repair Records?

Ideally, consumers should maintain a complete set of repair records. However, if you are missing some records, you may still pursue a claim. California law encourages dealerships to provide repair invoices to customers and maintain copies in their service records. An experienced Los Angeles lemon law attorney can help obtain these records through subpoenas or direct requests.

The Role of a Los Angeles Lemon Law Attorney

Navigating a lemon law claim requires knowledge of the statute, case law, and court procedures. An experienced Los Angeles lemon law attorney provides essential guidance through every step, including:

• Evaluating the strength of your claim

• Gathering and organizing evidence

• Drafting and filing demand letters or lawsuits

• Negotiating with manufacturers

• Representing you in court, if necessary

  
  

Working with a local attorney ensures familiarity with regional courts and dealerships, giving you a tactical advantage in pursuing your case.

Why Choose LawyerDeb – The Lemon Firm?

At LawyerDeb – The Lemon Firm, we combine passion for consumer advocacy with deep legal experience. Led by seasoned lemon law attorney Michael H. Rosenstein and our founder, Debora Rostamkhani, our team understands the unique frustrations of dealing with defective vehicles. We are committed to achieving favorable results through strategic litigation and negotiation.

Here’s why clients across California, and especially in Los Angeles, trust us:

• We offer free case evaluations and work on a contingency fee basis — you pay nothing unless we win.

• We provide direct access to your attorney throughout the case.

• Our team has recovered millions of dollars in refunds, replacements, and damages for clients.

  
  

Contact a Los Angeles Song-Beverly Act Attorney Today

If you suspect you’ve purchased or leased a lemon, don’t delay. The sooner you act, the stronger your case may be. Call LawyerDeb – The Lemon Firm today at 888-411-3332 for a free, no-obligation consultation. Let us help you get back on the road with confidence.

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