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California lemon law claims rest on two kinds of warranties: express warranties, which are the written or oral promises a manufacturer makes about a product's quality and performance (Civil Code § 1793.2); and implied warranties, which arise automatically by operation...

A California lemon law replacement vehicle is the alternative to a buyback under Civil Code § 1793.2(d)(2)(A). The manufacturer provides a substantially identical new vehicle in exchange for the lemon, paying the registration, sales tax, transfer fees, and any...

The California Lemon Law mileage offset is the statutory reduction applied to a buyback under Civil Code § 1793.2(d)(2)(C). The formula is fixed by statute: (actual purchase price × miles driven before the first repair attempt) ÷ 120,000. The denominator of 120,000...

The California lemon law civil penalty under Civil Code § 1794(c) is an additional award of up to two times the consumer's actual damages when a manufacturer's failure to comply with the Song-Beverly Consumer Warranty Act is willful. Stacked on top of a buyback or...

A cash-and-keep settlement is a negotiated lump-sum payment from the manufacturer to the consumer, in exchange for which the consumer agrees to retain the defective vehicle and release the warranty claim. It is the third primary remedy available in California Lemon...

A California lemon law buyback — also called a repurchase — is the consumer's primary remedy under Song-Beverly Civil Code § 1793.2(d)(2)(B). The manufacturer refunds the consumer's actual purchase price (or lease payments and down payment), sales tax, registration...