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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...
California Lemon Law Mileage Offset Calculation
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...
California Lemon Law Civil Penalty (§ 1794(c))
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...