Lemon Law Information Center
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If a dealership, manufacturer, or administrator of a service contract or warranty denies your claim or refuses to repair your vehicle, you may have a claim under the Lemon Law or other consumer protection statutes.
Even if the dealership sold a vehicle "AS-IS", a warranty can still be created by the dealer through their actions.
The Lemon Law applies to New AND Used vehicles.
California law regarding warranties and service contracts is contained in the Song-Beverly Consumer Warranty Act, Civil Code Section 1790 et seq.
There are Three Types of Warranties:
- Express Warranties are written warranties where the seller undertakes to preserve or maintain the utility or performance of a good. "Factory" warranties and "Certified" warranties are examples of an Express Warranty
- An Implied Warranty of Merchantability is automatically included in a purchase unless specifically disclaimed. It promises that a good will "pass without objection under trade" and be "fit for its ordinary purpose."
- An Implied Warranty of Fitness for a Particular Purpose is created if a seller promises that a good will perform a specific task, or can be used for a specific purpose.
The Elements of a Lemon Law Claim are:
- The Vehicle Must be Under a Warranty; and
- The Vehicle Must Have a Defect or Non-Conformity; and
- The Manufacturer or Dealer is Unable to Repair the Defect. . .
- After a Reasonable Number of Attempts