There is nothing more frustrating than your car breaking down. But can you imagine this happening when you have just bought or leased your car? After making an expense of this type, the least you expect is for your car to work perfectly, so you can trust it to transport you safely and smoothly. 


However, there are situations in which this occurs. And even worse, no matter how many times you try to get it repaired, the car does not stop failing to meet performance standards. For situations like this, the state of California has the “Lemon Law.” 


This law, also known as the Song Beverly Consumer Warranty Act, protects consumers from significant warranty defects that neither the seller nor the manufacturer can repair. When something like this happens, the consumer has a right to give the defective car back to the manufacturer and get back the monies paid.


It is essential to mention that this law only covers those new and used vehicles sold or rented in California and that are still under the manufacturer’s new vehicle warranty. This point is crucial to be able to make use of the Lemon Law. 


The Lemon Law requires manufacturers to replace or refund the money after a “reasonable number of repair attempts” have been made on the vehicle without fixing the car to perform as it was meant to. But what does a “reasonable number of attempts” actually mean? Well, the Lemon Law contains several guidelines for determining a fair number. Some of these guidelines include:


  • The manufacturer and/or its team have made two or more attempts to repair the vehicle due to a defect covered by the warranty, which could cause death or severe injury to the driver if the car continues to be used.


  • In the case of other defects that are covered by the warranty, the manufacturer must have made four or more repair attempts to correct it without any success, and these defects affect the use, safety, or value of the car.


  • The vehicle has been under repair for more than thirty days (consecutive or separate) for different repairs covered by the warranty.


  • These defects or failures significantly reduce the value, use, or safety of the car; and are not the result of misuse of the vehicle. 


At SM Law, we fight on behalf of those people who are dealing with cars that are defective and work hard to get them out of an unsafe car with a reimbursement of what they paid out. If you are dealing with defects or problems with your car, call us for a free consultation to see if we can get you the help you need!