Song Beverly Consumer Warranty Act - CA Lemon Law
The following summary of the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, is courtesy of the CA Lemon Law Attorneys at N&S Legal. The complete text of the Magnuson Moss Warranty Act, also known as the Federal Lemon Law Act, is also available for your review. Though many consumers believe that the Lemon Law was enacted ONLY for Lemon vehicles, the Federal Warranty Law and the CA Lemon Law is designed to require certain minimum warranty rights and disclosures to be given to all consumers on virtually all consumer products that cost more than $15.
California's Lemon Law - Song-Beverly Summary
The Lemon Law provides that when a manufacturer cannot repair its consumer goods after a reasonable number of attempts, it must either replace the defective product or refund the consumer's money. Generally, the manufacturer of your "lemon vehicle", as opposed to the selling dealer, bears the final responsibility to re-purchase or replace your defective qualifying new or used car, truck, boat, RV, motor home, or motorcycle.
Generally, the consumer, and not the manufacturer, has the option to select either a replacement or a refund. Moreover, consumers do not have to demand what they are rightfully entitled to under the Lemon Law law. Instead, the Lemon Law requires that the manufacturer initiate an appropriate offer to the consumer once a reasonable number of attempts to repair the defective vehicle have failed.
A common misconception about the law is that California's Llemon Law is simply a formula of three or four times in the shop for the same warranty repair within one year or 12,000 miles. What people call the “California Lemon Law” is actually a very small portion of the Song-Beverly Consumer Warranty Act, which gives consumers an evidentiary advantage, in the event they go to trial, so long as they meet specified criteria.
In most California Lemon Law cases, the consumer must prove, among other things, that the auto manufacturer (through its authorized warranty repair facilities) has had a reasonable number of opportunities to repair the vehicle. The Song-Beverly Consumer Warranty Act established a rebuttable presumption for the benefit of consumers where the same defect has been subject to repair four or more times within 18 months or 18,000 miles (recently expanded from 1 year or 12,000 miles). If this standard is met, then the consumer need not provide further evidence to prove that the manufacturer has had a reasonable number of repair attempts. It is ironic that manufacturers have consistently used this provision - specifically designed to assist consumers if they are forced to litigate - to limit the consumers' right to recovery.
This presumption, by its own terms, is no more than "a rebuttable presumption affecting the burden of proof." Thus, it applies only when the case goes to trial. Even then, the question of whether the manufacturer had a "reasonable number of attempts" remains a question of fact. Even four unsuccessful attempts at repairing a defect or problem may not conclusively prove that a consumer is entitled to a refund or replacement. Replacement or reimbursement is still dependent upon "a reasonable number of attempts" to conform the vehicle to the warranty. The presumption is simply the CA Legislature's decision to establish standards that a consumer must meet, in order to have the right to invoke the presumption at the time of trial.
In some instances, even if there have been fewer than four attempts to repair the same defect or problem, a jury still could find that a reasonable number of repair attempts have taken place.
The above summary of the Song-Beverly Consumer Warranty Act, was provided by the Los Angeles Lemon Law Attorneys at N&S Legal Groupfor your convenience. Please check with your legal respresentative to see if any of the provisions have changed. Also feel free to view the Federal Lemon Law Act - The Magnuson Moss Warranty Act.
CA Lemon Law Attorneys - No Out Pocket Fees
Whether you are located in Beverly Hills, Los Angeles, Irvine, Orange County, San Diego, Fresno, San Francisco, Palm Springs, Southern CA or any other area of California the Lemon Law Attorneys at N&S Legal Group can represent you for No out of pocket fees and are ready to provide you with a Free no obligation consultation. For your convenience, your entire case can be handled over the telephone, through the Internet and US Mail. This means that the top CA Lemon Law Attorneys at N&S Legal can represent you no matter where you live in California.
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