California’s Lemon Law: What Consumers Should Know After Buying a Lemon

California’s Lemon Law
WHAT CONSUMERS SHOULD KNOW AFTER
BUYING A LEMON
NEALEFHIMA.COM

What is a Lemon?
A lemon is a defective vehicle,
especially one that cannot be
repaired after several attempts.
The defect is typically something
covered by the manufacturer’s
warranty, such as brakes,
steering or air conditioner.
nealefhima.com/lemon-lawCall Now For A Free Consultation: 888-568-5405

California’s Lemon Law
Lemon laws are a common fixture of consumer
protection laws in most states, but California’s is known
as one of the best in the nation when it comes to
protecting buyers from faulty vehicles. California’s
lemon law, known as the Song-Beverly Consumer
Warranty Act, provides consumers with the ability to
seek the repurchase or replacement of a defective
vehicle by a manufacturer.

About the Song-Beverly Consumer Warranty Act
It was enacted in 1970 to hold manufacturers accountable for
the repurchase or replacement of defective products.
It was amended in 2007 to include members of the Armed
Forces living or stationed in California. They can file a claim
under the law regardless of where they purchased the
vehicle.
The Song-Beverly Consumer Warranty Act is a broad-
reaching law, and it can even apply to several faulty products
that are covered by warranty.

What Does California’s Lemon Law Cover?
Any defect that is covered by the warranty
and has been subjected to a “reasonable”
number of repair attempts. This includes:
 Defective brakes
 Defective steering wheel
 Defective engine or engine components
 Gas leaks
 Any other defect that compromises the
safety of occupants.

Does Your Vehicle Meet the Criteria of the Lemon Law?
The answer is “yes” if:
 The vehicle is covered by the manufacturer’s warranty.
 The defect substantially reduces the value, use or safety of the vehicle.
 The manufacturer or its agent has made two or more attempts to repair a serious
safety defect.
 The manufacturer or its agent has made four or more attempts to repair the same
warranty problem.
 The vehicle has been out of service for more than 30 days.
 The consumer has notified the manufacturer in accordance with the terms in the
owner’s manual, if required by the warranty.
If you want assistance in determining whether your vehicle might be a lemon,
contact the lemon law attorneys at Neale & Fhima.

What You’ll Get if Your Vehicle is a Lemon
There are two “remedies” provided by the lemon law, one of which must be provided by
the manufacturer to the consumer:
 Repurchase: In a repurchase, the manufacturer gives the consumer compensation
for the cost of the vehicle, including any shipping costs, taxes, DMV fees, finance
charges and out-of-pocket charges. The amount given to a consumer might be
impacted by what is known as “use reduction,” which subtracts the amount of use of
the vehicle by the consumer prior to the defect. (See next slide to find out how the
amount is determined.)
 Replacement: The manufacturer can also replace the lemon with a new, similarly-
equipped vehicle that is free of defects. Fees and taxes will also be covered by the
manufacturer. While both consumer and manufacturer must agree to a replacement,
the manufacturer has the option to choose a repurchase if that is the method of
reimbursement they prefer.

Calculating ‘Use Reduction’ of a Lemon
California’s lemon law says that the manufacturer does not have to
compensate a consumer for use of the vehicle prior to the occurrence of
the defect, which is determined by the first service repair attempt. The
“use reduction” amount is calculated by dividing the odometer reading by
120,000, and then multiplying it by the purchase price. Here is the
formula:
[Odometer at first repair attempt ÷ 120,000] ×
Purchase price = Use Reduction

What to do If You Purchased a Lemon
Find out more about what you should do after buying a lemon in California here.
Notify the manufacturer of
the problem and seek a
repair immediately.
Send any letters or
notifications to
manufacturers through
certified mail and keep
receipts.
Keep records of everything
related to your vehicle,
including bills, repairs and
correspondence with
manufacturers.
Call a lemon law attorney
for assistance. Neale &
Fhima have years of
experience standing up for
consumers who have been
sold lemons by
manufacturers.

Learn More About the Lemon Law
At Neale & Fhima, we have
provided several resources that
consumers might find helpful if they
believe they have purchased a
lemon.
Determining if You Have a
Lemon
The Lemon Law Claims Process
What Makes California’s Lemon
Law Unique?
Lemon Law FAQs

Neale & Fhima Can Help
The process of a filing a claim can be lengthy and
complicated. Dealing with manufacturers and
arbitrators can cause consumers headaches and
lead to less-than-optimal results. For this reason,
it is recommended that you contact a lawyer with
lemon law experience.
At Neale & Fhima, we have helped countless
numbers of clients receive compensation for the
lemons they’ve purchased, and we have dealt
with virtually every vehicle manufacturer. We’ll
make sure the process goes as smoothly as
possible and see that you get the payment you
deserve.
Contact Neale & Fhima today for a free
consultation.

How We Have Helped Our Clients
“I had the privilege of working with Aaron Fhima on my lemon law case against BMW.
After receiving a low ball offer from BMW, I contacted Aaron to see what could be done.
He told me what steps needed to be taken to prosecute my case and how long the
process would take. He took charge and got me four times more than what BMW offered
me. Aaron took time out of his busy schedule to answer any questions I had at anytime
of the day.
“I was impressed with his knowledge, dedication, and work-ethic, Aaron made me feel
like I was his only client. He is my go to for any legal advice I need, willing to do the work
to get the most possible for his clients.”
Ryan B.
San Clemente, CA

More Client Feedback
“After Mercedes refused to buyback my car or offer me any type of acceptable
settlement, Aaron took my case to trial and won, getting me all my money back. Aaron is
an aggressive litigator and fought hard on my behalf.”
John F.
San Diego, CA
“Great law firm. They applied immediate pressure onto the other side the moment they
got my case, and got me a quick and great settlement.”
Celline H.
Los Angeles, CA

California’s Lemon Law: What Consumers Should Know After Buying a Lemon

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