• The California lemon law protects buyers of new cars.New Ford Fiesta image by zimous from Fotolia.com
  
  California's lemon law is called the Song-Beverly Consumer Warranty Act. The law allows buyers and lessees of new motor vehicles to return the vehicles for a refund or have the vehicles replaced if the vehicle develops defects that the manufacturer is unable to fix during the warranty period despite a reasonable number of repair attempts.
  
  

When the Law Applies

• The Song-Beverly Consumer Warranty Act applies to the purchasers or lessees of new vehicles during the period when the written warranty from the manufacturer is in effect. This written warranty is also called an express warranty. If the owner or lessee of a vehicle that is still under the manufacturer's warranty finds a defect that has not been caused by abuse or mistreatment of the vehicle, he should have the vehicle repaired under the provisions of the warranty. The owner or lessee must comply fully with the warranty and not try to do repairs or let an unauthorized person work on the vehicle. If the manufacturer is unable to repair the car after a reasonable number of attempts, the car qualifies for remedies under the California lemon law.
  
  

Reasonable Number of Repairs

• Disputes can arise about how many repairs are reasonable, so California law includes provisions (sometimes called the Lemon Law by themselves) that define the number of reasonable attempts for different types of defects in cars with different mileage. These provisions address defects that arise in the first 18 months or the first 18,000 miles driven, whichever happens first. If the problem creates a danger of death or serious injury, the manufacturer has two chances to repair the defect. Otherwise, the number of repairs is presumed to be unreasonable if owner or lessee has contacted the manufacturer about the defect and it has not been repaired after four attempts or if the car has been out of service for repairs more than 30 days. This is only a guide and the parties can dispute the reasonableness of repair efforts.
  
  

Qualifying Vehicles

• The California lemon law applies to new motor vehicles used mainly for family or household purposes. If the vehicle weighs less than 10,000 pounds and is used for business purposes in a company with five or fewer vehicles registered in California, the lemon law also applies. The term "motor vehicle" in the law includes chassis, propulsion systems for motor homes, and other new vehicles except for motorcycles or vehicles intended exclusively for off-road use. The term "new" means a vehicle still under warranty, even if the current owner is not the original owner.
  
  

Remedies

• If a vehicle qualifies under the California lemon law found in the Song-Beverly Consumer Warranty Act, the purchaser or lessee can return the car or get a replacement vehicle. If the person chooses to return the car, she can get a refund for the price of manufacturer-installed equipment, but not for what the dealer installed. The manufacturer also must pay taxes, license and other fees, and financing and repair costs. However, the purchaser or lessee can be charged for the use of the car under a formula in the law.