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Recalls and California Lemon Law
A federal or manufacturer-issued recall does not eliminate a California Lemon Law claim — it often strengthens it. Each recall repair attempt counts toward the Tanner Act lemon presumption just like any other warranty repair, and a recall that fails to fix a recurring...
Private Party Purchase and California Lemon Law
A California Lemon Law claim can apply to a private party purchase when the manufacturer's original written warranty was still in effect at the time of the private sale and remains in effect when the defect manifests. The Song-Beverly Act's warranty rights are tied to...
Out-of-State Purchases and California Lemon Law
The California Lemon Law (Song-Beverly Act) can apply to vehicles purchased outside California when (1) the vehicle is now registered in California, (2) the consumer is a California resident, (3) the manufacturer's warranty is honored at California dealers, and (4)...
California Lemon Law vs. Breach of Warranty
The California Lemon Law and a general breach-of-warranty claim are closely related — but California Lemon Law is the specialized, stronger version. "Lemon law" is the common name for the Song-Beverly Consumer Warranty Act, which is itself a specialized...
Is My Car a Lemon Under California Law?
Your vehicle is likely a California lemon if three things are true: (1) the vehicle was sold or leased in California with a manufacturer's express written warranty; (2) a defect or condition substantially impairs the use, value, or safety of the vehicle to you; and...
Dealer vs. Manufacturer Liability in California Lemon Law Claims
California Lemon Law liability falls on the manufacturer — not the selling dealer — for breach of the manufacturer's express written warranty. The Song-Beverly Act § 1793.2 obligates the manufacturer to repair, repurchase, or replace. A dealer may still be liable...