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Lemon Law – Song-Beverly Consumer Warranty Act: Civil Code § 1790-1797.7

What is the Song Beverly Consumer Warranty Act?

The Song Beverly Act in California is one of the most stringent consumer protection laws in the country. People who bought defective cars in California in the past had little to no legal protection from dealers and manufacturers. Even with warranties, consumers faced difficult battles with vehicle manufacturers and their attorneys. The Song Beverly Consumer Guarantees Act, also known as the California Lemon Act, was introduced in 1970, and from that year things changed. (This legislation was sponsored by Senators Alfred H. Song and Robert G. Beverley.) Without the Lemon Act, California consumers faced a battle between David and Goliath, with all weapons stacked against Goliath. The Song-Beverly Act changed that by leveling the playing field and providing consumers with a powerful tool to compete with the automobile industry.

What opportunities can consumers expect under the consumer guarantee law of the Song-Beverly Consumer Warranty Act?

The Song-Beverly Consumer Warranty Act gives consumers the option to refund or replace a car if the car qualifies as a lemon. Consumers can choose a car that must be identical to the original vehicle.

While choosing a refund the cost of the car as well as incidental and consequential losses can be refundable to the consumers.

When the consumer chooses to return the right to return there are the following options:

  • The vehicle’s real purchase price (minus a mileage offset)
  •  Finance charges
  • Sales tax and taxes are included in the car price.
  • Reimbursement for reasonable towing expenses
  • The cost of a rental automobile
  • Repair expenses incurred out of pocket

If buyers can prove the manufacturer wilfully disregard the lemon laws obligations, they may also be entitled to a civil penalty of up to double the amount of actual losses.

What you need to know about the Song-Beverly Consumer Warranty Act?

First you need to understand the construction of California Civil Code:

CHAPTER 1. CONSUMER WARRANTY PROTECTION

2007 California Civil Code Article 1. General Provisions CA Codes (civ:1790-1790.4)

2007 California Civil Code Article 2. Definitions CA Codes (civ:1791-1791.3)

2007 California Civil Code Article 3. Sale Warranties CA Codes (civ:1792-1795.8)

CHAPTER 1.5. MOTOR VEHICLE WARRANTY ADJUSTMENT PROGRAMS

2007 California Civil Code Chapter 1.5. Motor Vehicle Warranty Adjustment Programs CA Codes (civ:1795.90-1795.93)

2007 California Civil Code Chapter 2. Standards For Warranty Work CA Codes (civ:1796-1796.5)

2007 California Civil Code Chapter 3. Mobilehome Warranties CA Codes (civ:1797-1797.7)

 

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