California's lemon law is officially known as the Song-Beverly Consumer Warranty Act. This section of the civil code provides protection for buyers of new cars, used cars that are still covered by the manufacturer's warranty, motor homes and other vehicles.
Song-Beverly requires manufacturers to meet the conditions spelled out in a written warranty. Manufacturers (or their dealers) must attempt to repair the defects in a vehicle that is covered by the warranty. If they are unable to do so after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price to the buyer.
According to the lemon law, manufacturers have the right to charge the buyer for the millage that they have put on the vehicle. This is known as the usage fee and is based on the number of miles on the vehicle the first time it is brought to the authorized dealer to repair the defect.
For example, if the vehicle had 10,000 miles the first time it was brought in to be repaired, you divide 10,000 miles by 120,000 multiplied by the price of the vehicle.
Offsetting a manufacturer's right to a usage fee, the California lemon law allows buyers to claim certain expenses that owning a defective car may entail. Some of the costs that may be covered include costs of repair, towing fees, finance charges and vehicle rental expenses.
California lemon law protects consumers who purchase vehicles and other consumer products. If your vehicle or other consumer product is not living up to the performance implied in the warranty, contact the Law Office of Howard Silver, California lemon law attorney.