The California Lemon Law
The Song-Beverly Consumer Warranty Act and the Tanner Act constitute the California lemon law.
The Song-Beverly Act applies not only to automobiles, but also to other consumer products.
The Tanner Act applies exclusively to motor vehicles and has the presumptions
Under the California lemon law, if a manufacturer fails to fix the problems in a vehicle’s after a reasonable number of repair attempts, he must concede the choice of the consumer by either replacing the vehicle or by refunding.
The California lemon law applies to cars, vans, pickup trucks, sport-utility vehicles, motorcycles, and motor homes. The California lemon law affords protection to both consumers and businesses with a maximum of five vehicles registered in California. The California lemon law may apply to both new and used vehicles that are still under the manufacturer’s warranty.
Under the California lemon law a manufacturer is required to repurchase or replace a vehicle if:
* The vehicle has a defect or condition that was reported to the manufacturer or dealer * The defect or condition continues to exist even after a reasonable number of repairs * The vehicle is still under the manufacturer’s warranty
Presumptions by the Tanner Act provisions apply only to motor vehicles and it has three presumptions regarding what constitutes a reasonable number of repairs after the buyer has directly notified the manufacturer of the need for repair.
A vehicle is presumed to be subject to a reasonable number of repair attempts if:
* The same nonconformity that is likely to cause death or serious bodily injury has been subject to repair two or more times * The same nonconformity has been subject to repair four or more times * The vehicle has been out of service more than 30 calendar days * The repair attempts have been made within 18 months from delivery or 18,000 miles, whichever occurs first
However, one does not have to proceed under the Tanner Act provisions alone. You may pursue a claim under the general Song-Beverly Act. Even if you do not have the benefit of the all the presumptions, you can still argue that your has been subject to a reasonable number of repair attempts based on the specific circumstances involved. You should be able to prove that your car has been subject to a reasonable number of repairs even if one of the presumptions is not met.
The proof of such a claim without the presumptions would be similar to proving a claim under the federal Magnuson-Moss Warranty Act.
* Notify the manufacturer of the defect in writing by return-receipt mail, if written notification is required as soon as it arises * Insist on receiving a repair order each time a vehicle is delivered for repair and save copies of all repair orders * Read the warranty booklet or owner’s manual for notification addresses and informal dispute settlement requirements
Document all the events relating to your vehicle. Insist on receiving and retaining repair receipts each and every time your vehicle is take to a dealership for repairs. These records are critical to your success. Contact a California lemon law attorney for advice to determine if you have a claim and how to proceed to get your California lemon law rights.
Options other than the Tanner Act and the Song-Beverly Act: There are also other Federal and California laws that deal with contracts and warranties for new products.
The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the California lemon law, you may have claims under other state and federal laws that protect owners of new or used vehicles.
The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a California lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.
Before deciding on a particular course of action, consult a California lemon law attorney to discuss alternatives. In consultation with your California lemon law attorney determine the best course of action to claim your Illinois lemon law rights.
Document all the events: Keep all receipts and records concerning repairs to your vehicle. Note the issue and date of all repairs along with the period your vehicle is in the mechanic's shop. These records will help you win your California lemon law claim.
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