Does The Lemon Law Offer Consumer Protection In The Form Of An Implied Car Warranty In San Diego?
Under California’s Song-Beverly Consumer Warranty Act, also referred to as the lemon law in the context of motor vehicles, consumers are protected by both express and implied warranties. As added consumer protection, under the lemon law, any language waiving the protection afforded by a consumer warranty is unenforceable and void because it is seen as contrary to public policy provisions.
The following information applied only to vehicle repair or replacement required by a manufacturer’s express warranty and delivered under an express warranty or service contract (note that not all vehicles have either):
Vehicle Repair Or Replacement
(1) A purchaser who is dissatisfied with the resolution of a dispute concerning a consumer product is entitled to a trial by jury.
(2) Upon prevailing in action under this chapter, the plaintiff shall be awarded reasonable attorney fees and litigation costs reasonably incurred. The award may include punitive damages in amounts determined by the court upon a showing of clear and convincing evidence that the manufacturer or seller engaged in fraud or malice with regard to the violation.
(3) If any warrantor violates any express warranty given or implied under this section [i.e., an express car warranty], the consumer may bring suit for damages and other legal and equitable relief—separate from and in addition to other remedies provided under this title [i.e., California’s Song-Beverly Consumer Warranty Act]—in any court of competent jurisdiction.
The following applies only to warranty work delivered under an implied car warranty:
(1) The consumer may designate a repair facility to perform the warranty repairs, except where such designation is impossible or would result in an unreasonably high cost. If the repairs are not completed within 30 days after delivery of possession of the vehicle to the repair facility, and a reasonable number of attempts have been made to remedy the problem through discussions with representatives of both the warrantor and the repair facility, or if it has been more than 30 days since delivery of possession and either the warrantor or the repair facility had not informed the consumer that his or her vehicle is ready for pickup, the consumer shall be entitled to a trial by jury.
(2) Upon prevailing in action under this section, the plaintiff shall be awarded reasonable attorney fees and litigation costs reasonably incurred. The award may include punitive damages in amounts determined by the court upon a showing of clear and convincing evidence that the manufacturer or seller engaged in fraud or malice with regard to the violation.
Contact Scott Law Group P.C. for a free consultation with one of our lemon law lawyers. We will evaluate your case or dispute and can advise you on possible remedies available to you under California’s Song-Beverly Consumer Warranty Act (or the lemon law). You can reach us at (619) 345-5599.
Contact our Lemon Law experts today to get more information about Lemon Law in California. Call Scott Law Group P.C. at (619) 345-5599 in San Diego, CA.
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