Car Lemon Law

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Car Lemon Law in San Jose, CA

The Song-Beverly Consumer Warranty Act (California's "Lemon Law")

The Song-Beverly Consumer Warranty Act, California's "Lemon Law" is included in California Civil Code Section 1790 et seq. and provides protection for consumers who lease or buy new motor vehicles, including cars, trucks, SUV's, boats, jet skis, airplanes, and almost any other product sold with a warranty by the manufacturer.  The law requires that if the dealership is unable to repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required to either (a) replace the vehicle, or (b) return the amount paid by the buyer or lessee.  The manufacturer must also reimburse for sales tax, license, registration, and other official fees.  Additionally, the manufacturer must also reimburse for incidental damages, such as finance charges or interest paid, cost of repairs, towing, and rental car costs.

The California Lemon Law does not apply if the problem was caused by lack of maintenance or abuse after the vehicle was delivered.  Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to protect your legal rights by calling an attorney experienced in handling cases under the California Lemon Law.

What is a "Reasonable Number of Repair Attempts under the California Lemon Law?

What is considered a reasonable number of repair attempts will depend on the circumstances of your case.  For example: one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, but it depends on the particular facts of your case.

The California Lemon Law does contain a special provision to help determine what is a reasonable number of repair attempts for problems which substantially impair the use, value, or safety of the vehicle.  The following is merely a guideline and you should consult an experienced Lemon Law Attorney to learn if your vehicle meets the reasonable number of repair attempts test.  Generally speaking, if your new car, truck, or SUV has been returned to the dealership for warranty repairs for a serious defect on 3 or 4 separate repair occasions you may likely be entitled to a refund or new replacement vehicle.  If the defect results in a condition that is likely to cause death or serious bodily injury, 2 repair attempts may be enough to qualify for a refund or new replacement vehicle under the California Lemon Law.

Who is Covered under the California Lemon Law?

The California Lemon Law applies to any new motor vehicle that is purchased or used primarily for personal, family, or household purposes.   Business use vehicle are also covered under the California Lemon Law as long as they have a gross vehicle weight rating less than 10,000 pounds and the business does not own more than 5 motor vehicles which are registered in the State of California.

Important Vehicle Recall Information:

Honda Motor Co. is recalling 304,000 vehicles for defective air bags that may inflate with excessive pressure during a crash, potentially causing metal and plastic pieces to become projectiles in the vehicle's passenger compartment and cause injury or death.  This Recall affects the Honda Accord, Civic, Odyssey, Pilot, CR-V and certain other Honda vehicles.

General Motors Corporation is recalling 7,507 2011 model year trucks and sport utility vehicles, including the following vehicles:  Cadillac Escalade, Chevrolet Colorado, GMC Canyon, Chevrolet Suburban, Chevrolet Tahoe, GMC Sierra, GMC Yukon and Yukon XL.  The defects range from transmission problems which could cause a vehicle to roll away due to a faulty PRNDL shift lever, to loose steering bolts, which could lead to a loss of steering.

Vehicles subject to a recall by the manufacturer are just as protected under the California Lemon Law as those vehicles not covered under any recall.  In any event, if your vehicle is showing signs of a defect, you should speak to an experienced lemon law attorney who can help you determine if you qualifies for a new replacement or refund.

Now Available - Lemon Law Case Review Via Fax

Just send us clear copies of your Dealership Repair Invoices and we give you a Free Lemon Law Case Evaluation - Fax Documents to (858) 272-9009 and we will call you back within 24 hours!

San Jose Lemon Law

The Law Offices of Michael A. Saunders has been helping consumers with their defective auto cases since 1994.  Although we handle many cases every year, our goal is to treat each of our clients with the same amount of attention and respect that we would expect to be treated with ourselves.  As a rule, we return all of our calls and inquiries as quickly as possible.  If you decide to take me up on our Free Case Evaluation, you can expect to receive a response within hours.  You may call us at 888-805-3666 for a free telephone consultation to learn about the different options available to you under the lemon law.

"My office is designed to make the most of technology.  That doesn't just mean I use the Internet and send e-mail, which I do, but that's not a big deal.  I represent consumers throughout the State of California and use technology to help me give our each of our clients the specialized attention they deserve.  My entire office is paperless, which means I can access any and all files at the touch of a button.  Phone system, faxes, voice mail all follows me anywhere I go, which makes me mobile.  It lets me work smarter - and harder- for my clients.

So if you're having problems and need some help, send me an e-mail and we'll see how I may be able to help you."


Mike Saunders
Law Offices of Michael A. Saunders
Representing California Consumers Since 1994

Highly Experienced Lemon Law Attorneys!  

Representing Consumers with their defective cars in San Jose and Northern California!

Call 1-888-805-3666 for a Free Consultation with a qualified Lemon Law Attorney