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Law Offices of
Howard D. Silver

513 Water Oak Lane, No. A,
Oak Park, CA 91377

Phone: 818-597-2610 or
866-49-lemon (866-495-3666)
Fax: 818-879-0862

E-mail: hsilver@howardsilverlaw.com

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California Lemon Law Consumers' Rights

The Consumer's Right To Replacement Or Restitution Pursuant To The California Lemon Law

If the manufacturer or its representative is unable to service or repair a new motor vehicle to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle or promptly make restitution. However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

Additionally, it shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

• The same nonconformity (a defect that substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee) results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity; or
• The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified by the manufacturer of the need for the repair of the nonconformity.

How The Replacement/Restitution Remedy Is Calculated Under The California Lemon Law

In the case of replacement, the manufacturer shall replace the buyers vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.

In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.

Legal Actions By Buyers Pursuant To The California Lemon Law

Any buyer of a new motor vehicle^* who is damaged by a failure to comply with the California lemon law may bring an action for the recovery of damages and other legal and equitable relief. The measure of the buyer's damages may include, among other things, the following:

• The rights of replacement of the new motor vehicle or restitution.
• If the failure to comply with the California lemon law was willful, the judgment may include a civil penalty which shall not exceed two times the amount of actual damages.
• A sum equal to the aggregate amount of costs and expenses, including attorney's fees.

* These provisions also apply to buyers of consumer products such as boats and motorcycles.