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Statute of Limitations for California Lemon Law Claims

California lemon law claims under the Song-Beverly Consumer Warranty Act are subject to a four-year statute of limitations under California Commercial Code § 2725. The clock runs from the breach of warranty — typically the date the vehicle was delivered. Three...

The Song-Beverly Consumer Warranty Act

The Song-Beverly Consumer Warranty Act — codified at California Civil Code §§ 1790–1795.8 — is the statute commonly known as the California Lemon Law. Enacted in 1970 and expanded by the Tanner Consumer Protection Act in 1982, Song-Beverly governs the rights of buyers...

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act, codified at 15 U.S.C. §§ 2301–2312, is the federal consumer-warranty statute enacted in 1975 to regulate written warranties on consumer products sold in the United States. It creates a federal cause of action for breach of written or...

The California Lemon Law Presumption

The California Lemon Law presumption, codified at Civil Code § 1793.22 (the Tanner Consumer Protection Act), is a rebuttable presumption that a manufacturer has had a "reasonable number of repair attempts" when, within 18 months of delivery or 18,000 miles — whichever...

Implied vs. Express Warranties Under California Lemon Law

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...

California Lemon Law Replacement Vehicle

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...