California Civil Code §§ 1791 et seq.

Vehicles Covered: California Lemon Law applies to all consumer items covered by a manufacturer’s warranty sold in California that are used or bought primarily for personal, family or household purposes. This includes all vehicles, cars, trucks, motor homes, trailers, 5th wheels, boats, motorcycles, spas, computers, etc. Dealer-owned vehicles, demonstrator vehicles, leased vehicles, and used vehicles sold with the remainder of a new car warranty are also covered by the California Lemon Law. Vehicles purchased for business use are also covered if the vehicle is it is less than 10,000 pounds and the business have less than five vehicles.

Persons Covered: Buyer and lessee of consumer items sold in California are covered by the California Lemon Law.

Period Covered: The California Lemon Law covers the vehicle for the entire length of the manufacturer's express warranty. If the vehicle’s warranty is 3 years or 36,000 miles bumper to bumper, then the Lemon Law covers the vehicle for that period of time. If the vehicle has a 5 years or 100,000 miles warranty on the engine, then the Lemon Law covers the engine for either 5 years or 100,000 miles.

Notice Requirement: California Lemon Law does not require the consumer to provide direct notice to the manufacturer.

Repair Requirements: The consumer has to give the manufacturer or its authorized repair facilities a reasonable number of repair attempts on the problem.

The Presumption. Under the California Lemon Law, the manufacturer is presumed to have had a reasonable number of repair attempts if the same defect is subject to four or more repair attempts within 18,000 miles or 18 months of the warranty start date, or the vehicle is out of service for a cumulative total of 30 or more calendar days. If the defect is one which could result in serious bodily injury or death and the buyer/lessee provide the manufacturer written notice directly, then two or more repair attempts is presumed to be a reasonable number. However, you can still have a good Lemon Law case even if you do not meet the "presumption".

Affirmative Defenses: California Lemon Law does not cover defects resulting from abuse, misuse, unauthorized or unreasonable use.

Replacement/Refund: Under the California Lemon Law, the consumer may choose restitution (money back) instead of replacement. If the consumer chooses the replacement, the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The manufacturer shall also pay for sales or use tax, license fees, and registration fees, plus any incidental damages that the buyer is entitled to under the statute, including but not limited to reasonable repair, towing and rental car costs actually incurred by the buyer, less a statutory use deduction based on mileage at the first repair for a substantial defect.

Civil Penalty. Under the California Lemon Law, if the consumer asks the manufacturer to repurchase or replace the vehicle before filing suit and the manufacturer unjustifiably refuses, the consumer may be awarded up to two times damages. The civil penalty serves as a punishment to the manufacturer for its failure to comply with the California Lemon Law.

To find out if your vehicle qualifies for buyback or replacement under the California Lemon Law, contact KABOB for a FREE Case Review.