In 1982, California became the first state to pass what is now known as a “lemon law” when the state legislature passed the Song-Beverly Consumer Warranty Act. Connecticut soon followed, and this eventually resulted in similar laws being passed in all fifty states. While the wording, enforcement, and effectiveness of these laws vary greatly from state to state, few would argue that the consumer is, overall, in better shape than before this Act was passed.

The California lemon law applies to new motor vehicles of under 10,000 pounds gross vehicle weight sold for consumer use on highways. This also includes used vehicles which are still covered by all or part of the manufacturer’s original written warranty. While the law also covers the drive portion of a motor home, it does not cover motorcycles or vehicles designed for off road use.

The Song-Beverly Act does provide additional consumer rights for other consumer purchases that are outside the scope of the lemon law. The Act is a broad piece of legislation that covers many things other than vehicles. Should you have a problem with some other consumer item, or a even a vehicle that is not covered here, such as a motorcycle or an off road recreational vehicle, you may wish to consult with an attorney who specializes in consumer protection cases.

The Act was written to enforce manufacturer warranties; the “lemon law” portion of the Act applies for 18,000 miles or 18 months from the date of purchase, whichever comes first.

A vehicle will qualify as a lemon under the following guidelines:

• Four or more unsuccessful attempts to repair a problem involving the safety, use or value of the vehicle during the first 18 months of ownership.
• Two or more unsuccessful attempts to repair a problem that affects the vehicle in such a way that death or injury is likely to result if the vehicle is driven in a normal manner.
• The vehicle is out of service for unsuccessful repairs of a nonconformity for a cumulative total of 30 or more days.

Manufacturers are required under state law to provide details of their dispute programs, including arbitration programs, if they have one. Should the manufacturer offer an arbitration program, vehicle owners are required to submit to this program before seeking alternative relief from the state. Not all manufacturers offer such programs; vehicle owners with questions may seek answers through the Department of Consumer Affairs Arbitration Certification Program.

Should the owner prevail at the arbitration hearing, he or she shall be entitled to his or her choice of a comparable replacement vehicle or a refund of the purchase price. This refund will include all taxes, licensing fees, registration fees and towing or rental car fees, if applicable. Not included are costs for any items installed in the vehicle which were not installed at the factory. There will be an adjustment of the value based upon miles driven. Under current law, that adjustment is a percentage of the total price determined by dividing the number of miles driven by 120,000, which is the expected lifespan of the vehicle.

If you are experiencing headaches with your automobile, sport utility vehicle or van, you may find that you need legal representation. LegalMatch can help locate an experienced attorney in your city. Confidentiality is assured, all legal representatives are licensed, and the service is free.