MyLemonLawCenter Provides Lemon Law Help Nationwide. Auto Recalls, Repurchases for New & Used Cars

California

California Lemon Law

Cal. Civ. Code §§ 1793.1 to 1795.7, 1793.22 to 1793.26 (West)

Vehicles covered: New motor vehicles used or bought primarily for

personal, family or household purposes, including dealer-owned

vehicles and demonstrators. Excludes motorcycles, the portion of

motor homes used primarily for habitation and off-road vehicles.

‘‘New vehicle’’ includes demonstrator or other motor vehicle sold

with new car warranty. Includes vehicle with gross weight under

10,000 lbs. bought or used primarily for business use by a person,

partnership, corporation or other legal entity that has no more than

five vehicles registered in its name (§ 1793.22(e)(2)). Includes

leased vehicles (§ 1795.4).

Persons covered: No definition; refers to buyer and lessee

(§ 1793.22(e)(1)).

Period covered: Whichever comes first: 18,000 miles or 18 months

(§ 1793.22(b)).

Disclosure requirements: Manufacturer must give clear, conspicuous

notice of statute to the buyer in the warranty or owner’s

manual, including the requirement that the buyer notify the manufacturer.

Required consumer notice: Direct notice to the manufacturer only

if manufacturer made required disclosures (§ 1793.22(b)).

Repair requirements: The same nonconformity is subjected to four

or more repairs, the vehicle is out of service for a cumulative total

of thirty or more calendar days; or, in the case of a nonconformity

that results in a condition that is likely to cause death or serious

bodily injury, the nonconformity is subject to two or more repair

attempts and the consumer has notified the manufacturer directly of

the need for repair (§ 1793.22(b)).

Affırmative defenses: None specifically set forth.

Replace/refund: Consumer may choose restitution instead of replacement.

In the case of replacement, the manufacturer shall

replace the buyer’s vehicle with a new motor vehicle substantially

identical to the vehicle replaced. The replacement vehicle shall be

accompanied by all express and implied warranties that normally

accompany new motor vehicles. The manufacturer shall also pay

for sales or use tax, license fees, and registration fees, plus any

incidental damages that the buyer is entitled to under § 1794,

including but not limited to reasonable repair, towing, and rental

car costs actually incurred by the buyer (§ 1793.2(d)(2)).

Other reimbursement: Taxes, fees, collateral and incidental damages

(§ 1793.2(d)(2)(B)); costs, expenses, and attorney fees

(§ 1794(d)).

Other remedies: There is no limit on other consumer remedies;

double damages (§ 1794).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure established

by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 (§ 1793.22(c), (d)).

Resale of lemon: Manufacturer must reissue title with notation

‘‘Lemon Law Buyback’’ affixed thereon and affix a decal to the

vehicle. Any person who resells such vehicle must give written

notice to subsequent buyer, and must obtain buyer’s written acknowledgment

of the notice. Manufacturer must warrant for one

year period that vehicle is free of problems reported by original

owner (§§ 1793.23, 1793.24). Statute bars gag clauses in reacquisition

agreements. Gag clauses void (§ 1793.26).