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).
