Types of Warranties Covered by California Lemon Law
California’s lemon law, officially known as the Song-Beverly Consumer Warranty Act, offers protection for consumers who purchase or lease vehicles that turn out to have significant defects that can’t be repaired after a reasonable number of attempts. While many people are aware that the Lemon law applies to new vehicles under the manufacturer’s original warranty, fewer realize that it also covers other types of warranties. Read on as we explore the types of warranties covered under California’s lemon law, including new car warranties, transferred warranties, certified pre-owned (CPO) warranties, and buyback vehicles.
If you need help exercising your rights under California’s lemon law, contact Nita Lemon Law Firm to review your case with a skilled and experienced California lemon law attorney.
1. New Car Warranties
The most straightforward application of California’s lemon law is for vehicles sold with a new car warranty. This type of warranty is provided by the manufacturer and covers the vehicle for a certain period or amount of mileage, such as three years or 36,000 miles, whichever comes first.
If a new car experiences repeated issues that the manufacturer or dealership cannot repair after a reasonable number of attempts, the vehicle may qualify as a lemon. The Lemon law entitles the consumer to a refund or replacement, provided the defect impacts the vehicle’s use, value, or safety.
What’s Covered Under a New Car Warranty?
- Manufacturer Defects: Any issues due to poor manufacturing or design.
- Non-Conformity: The vehicle fails to meet the quality and performance standards outlined in the warranty.
- Repeated Repairs: Multiple repair attempts to resolve the same problem or extensive time spent in the repair shop.
2. Certified Pre-Owned (CPO) Warranties
Certified Pre-Owned (CPO) vehicles offer consumers additional peace of mind with extended warranties that often surpass the original new car warranty. These vehicles undergo a thorough inspection and reconditioning process to meet manufacturer standards.
If a CPO vehicle develops a significant defect that the dealer cannot repair after multiple attempts, the consumer may have a valid lemon law claim. However, it’s important to note that lemon law claims for CPO vehicles are contingent on the defect arising within the warranty period.
Important Considerations for CPO Warranties:
- The CPO warranty is typically more limited than a new car warranty but may still cover major components like the engine, transmission, and drivetrain.
- Lemon law claims for CPO vehicles must occur within the specified time frame or mileage limit of the CPO warranty.
- The defect must significantly affect the vehicle’s safety, use, or value.
3. Buyback Vehicle Warranties
A buyback vehicle is one that has previously been declared a lemon, repurchased by the manufacturer, and then resold to a new owner. California requires that manufacturers disclose a vehicle’s buyback status to subsequent buyers and offer a new, limited warranty covering the vehicle.
If the buyback vehicle continues to experience problems under this new limited warranty, the new owner may still have recourse under the lemon law. These vehicles must include a written warranty covering at least 12 months or 12,000 miles, ensuring that the buyer is protected from further defects.
Protections for Buyback Vehicles:
- The vehicle comes with a warranty, usually 12 months or 12,000 miles, that covers future defects.
- Buyers must be informed of the vehicle’s buyback status in writing.
- If the vehicle experiences additional problems, the new buyer may still pursue a lemon law claim.
What About Used Cars With Transferred Warranties?
The question of whether a used vehicle that is still covered by the manufacturer’s express warranty is a “new motor vehicle” within the meaning of the Lemon Law and therefore covered under the law is an issue that has been working its way through the California courts for several years. Most recently, the California Supreme Court heard oral arguments on the issue in the case of Rodriguez v. FCA US LLC on September 4th. A final decision on the matter could be only months away. Until then, the subject of whether used car owners are entitled to lemon law protection remains an open question. Unless the used vehicle has one of the warranties discussed above, we’ll have to wait to see how the state’s high court resolves the matter.
Contact Nita Lemon Law Firm for Help With Your California Lemon Law Claim
California’s lemon law provides comprehensive protection for consumers who purchase or lease defective vehicles, whether new, certified pre-owned, or even previously bought back by the manufacturer. Understanding the types of warranties covered by the Lemon law is essential for ensuring you receive the compensation you deserve.
If you suspect your vehicle might qualify as a lemon, Nita Lemon Law Firm is here to help. Our experienced attorneys can guide you through the process of filing a claim and ensuring your rights are protected. Reach out today for a free consultation by calling 213-232-5055 in Los Angeles or 877-921-5256 statewide throughout California. You can also submit a free case evaluation request at www.nitalemonlaw.com, or email nick@nitalemonlaw.com for a fast response.
