The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act is a federal law which gives the California consumers considerable rights in dealing with manufacturers and car dealers of lemon automobiles. This law guarantees a California car buyer certain minimum requirements of warranties which must be met and provides for disclosure of warranties before a purchase.

In case of a defect, malfunction or failure in your California car, the warrantor must execute the following actions, in order to conform to the written warranty under a full warranty:

• Must remedy the California lemon car/its part(s) within a reasonable time and without charge
• May not impose any limitation on the duration of any implied warranty on the California lemon car/its part(s)
• May not exclude or limit consequential damages for a breach of any written or implied warranty on the California lemon car/its part(s), unless the exclusion or limitation conspicuously appears on the face of the warranty
• If the California lemon car or its component has a defect or is malfunctioning after a reasonable number of repair attempts, the California consumer must be allowed the choice to elect between a refund and a replacement vehicle
• May not impose any duty, other than notification, upon any consumer for securing the repairs of any California car/its part that malfunctions, is defective or does not conform to the written warranty

The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act requires consumers to return the California lemon car to its dealer for repairs.

Remedies for a California lemon car under the Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that any warrantor such as an automobile manufacturer warranting an automobile buyer by means of a written warranty must disclose the terms and conditions of the warranty in simple and easily understood language, as mandated by the Federal Trade Commission (FTC). The FTC has enacted regulations to govern the disclosure of written consumer product warranty terms and conditions on consumer products which cost the consumer more than $15.

Under the terms of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act, ambiguous statements in a warranty are construed against the drafter of the warranty. Service contracts also must clearly disclose their terms and conditions in simple and easily understood language. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act is meant to provide consumers of California cars with access to reasonable and effective remedies where there is a breach of warranty on a California car. The federal government has the authority to take injunctive action against a supplier or warrantor if he fails to meet the requirements of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act.

California consumers may seek redress in the courts for alleged violations of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that, a written warranty on a consumer product that costs more than $10 must be clearly labeled as 'full' or 'limited'. A full warranty means that whoever promises to fix the California consumer product must do so, in case of a defect or if it does not conform to the warranty. A limited warranty can contain reasonable restrictions regarding the obligations of the manufacturer or seller for the repair or replacement of a California consumer product.

Purchasing a car is one of the most expensive propositions most of us make after a house. According to the National Institute for Consumer Education, the average price of a new car is about $18,000. Some people can afford this price and many of look else where for less expensive alternatives, a used vehicle. They cost us a lower base price, Insurance generally costs less, they depreciate less than new cars do and it is easier to negotiate. Even a used, as the years pass is becoming increasingly complex on par with the technology growth in the auto industry. Used or new, we are at a loss with so many systems and processes to comprehend in a car. While the models of the cars available in the market are increasing manifolds, it puts us all in a state that we come to heavily rely on the advice and mercy of a car salesman. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.

If you are living in the state of California and have bought yourself a car in the state of California, there are laws that protect you with your investment. The California lemon law for used cars provides legal protection for the owners of defective vehicles which meet the requirements of the California lemon law for used cars. If you have bought yourself a used, certified pre-owned car, truck, van, SUV or other vehicle that still has a manufacturer's warranty, you will be entitled to protection under both the California used car lemon law and the Federal used car lemon law.

The California used car lemon law provides protection for anyone who has purchased or leased a used car or vehicle that is still covered by a manufacturer's original factory warranty

• The California used car lemon law also covers demonstrator vehicles, vehicles previously bought back under the California lemon law and resold with a manufacturer’s warranty
• The California used car lemon law provides legal protection for any vehicle that has been certified
• The California used car lemon law provides legal protection for any vehicle with an extended warranty for the manufacturer’s original warranty
• The California used car lemon law provides compensation in the form of a refund, a replacement or cash compensation

The California used car lemon law covers:

• Used cars or vehicles bought and used primarily for personal, family or household purposes
• Used cars or vehicles with a gross weight which are below 10,000 pounds and used primarily for business purposes where five or fewer vehicles are registered to the company
• Used cars or vehicles that are sold with a written warranty
• Lemon cars or vehicles that are bought back by a manufacturer and then resold to consumers with a manufacturer’s warranty covering the defects

The California used car lemon law – the Statutory warranty Period

There is a statutes of limitations of four years to file a lawsuit for breach of warranty.

The California used car lemon law applies:

• During the entire period of a manufacturer’s warranty
• After the original warranty if the vehicle has been certified
• To a manufacturer's extended warranty

If a vehicle is covered by a three year warranty and a defect or nonconformity is discovered two years from the warranty start date, the manufacturer is required by law to:

• Either repurchase or replace the vehicle
• Compensate the owner for the defective vehicle
• Provide the manufacturer a reasonable number of attempts to repair the car or vehicle

The California used car lemon law provides the manufacturer and its authorized dealers with a reasonable number of attempts to repair the defect or nonconformity in a used car or vehicle under warranty.

A reasonable number of opportunities may be exceeded if the vehicle has experienced:

• One to two repair attempts for a serious safety defect such as a brake failure
• Two or more repair attempts for a recurring issue which is likely to cause death or serious bodily injury if the vehicle is driven
• The same nonconformity or defect has been allowed four or more attempts but the defect continues to exist
• The vehicle is in for warranty repairs for a total of 30 or more days

What would you do if you think that you have landed a California used lemon car

• Document the repair orders that indicate the problem in your used lemon car
• Notify the manufacturer of your car or vehicle of the defects and nonconformities, directly
• Submit the warranty dispute to the arbitration program listed with the help of your  California used car lemon law attorney, to improve your chances of receiving proper compensation

If you are not qualified for the California used car lemon law attorney you may still get protected by other laws of the State. If you feel that you have been duped by a California used car dealership, an experienced California lemon law attorney can review your documents.

If you are having problems with your certified used car or vehicle:

• Get in touch with a California used car lemon law attorney and get to know your California lemon rights
• Check with your California lemon law attorney for used cars for the best recourse available for you to claim, if you do not qualify for the California lemon protection for your used car
• You may not have to pay out of your pocket and you will have the best chance for success if a California used car lemon law attorney represents you

In California, a purchaser or lessee of a new motor vehicle has various rights under both state and federal law, if the vehicle does not perform as promised in an express warranty. The Song-Beverly Consumer Warranty Act can protect both the new and used car consumers. The Song-Beverly Consumer Warranty Act is also known as the "California lemon law".

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a 'lemon,' and any product which has major flaws that render it unfit for its purpose can be described as a 'lemon'.

Following are some of the frequently asked questions discussed about the California lemon law. If you think that you have landed a defective vehicle in California, you may find quick answers as to how you can take advantage of the California lemon law.

How does the California lemon law protect defective car owners in California?
The California lemon law protects both the new and used car consumers if they do not conform to the manufacturer's written express warranty

• The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles

What is the protection afforded to me for my lemon buy, by the California lemon law?
The California lemon law states that the manufacturer is required promptly to replace the vehicle or refund the purchase price to you, if you are a lessee or buyer:

• If the manufacturer or its representative in California, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts

What does the refund include under the California lemon law?
According to the California lemon law the refund:

• Includes the price paid for manufacturer-installed items and transportation
• Does not include the price paid for non-manufacturer items installed by the dealer

Do I have a say in choosing a replacement for my lemon buy under the California lemon law?
According to the California lemon law as a lessee or buyer, you are completely free to choose whether to accept a replacement or a refund for your lemon buy.

Am I entitled to any other monetary protection for my lemon buy, under the California lemon law?
According to the California lemon law, be it a replacement or a refund of the lemon buy the manufacturer pays the expenses incurred by you, as the following:

• Sales or use tax
• License, registration and other official fees
• Incidental damages you have incurred such as finance charges, repair, towing and rental car costs

Do I pay for the use of my lemon car, under the California lemon law?

• According to the California lemon law, as a lessee or buyer:
• You may be charged for the use of the vehicle while the vehicle is replaced or refunded
• Charges for the use is determined by multiplying the actual price of the new vehicle by a factor that includes the number of miles traveled by the vehicle before it was first brought in for correction of the problem
• For example, if your lemon car had traveled 6,000 miles before it was first brought in for correction of the problem, you as a lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage

How long does the California lemon law apply to my new lemon vehicle?
The California lemon law applies for the entire period of your warranty on your lemon vehicle:

• If your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above
• If the manufacturer or its representative is unable to conform the vehicle to its express warranty, after a reasonable number of repair attempts to fix the safety issues during the entire period of its warranty

When is the California lemon law NOT applicable to my new lemon vehicle?
The California lemon law/Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered to you.
Follow the terms of the warranty for maintenance and proper use of your vehicle.

What is the statute of limitations for my lemon buy, under the California lemon law?
According to the California lemon law, there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of the Song-Beverly Consumer Warranty Act.
To get the best advantage through the California lemon law, you should act promptly and try to resolve the problem fairly and quickly.

New Protection for Consumers Buying New & Used Cars Under the California lemon law

In California, a purchaser or lessee of a new motor vehicle has various rights under both state and federal law, if the vehicle does not perform as promised in an express warranty.

Here is how the Song-Beverly Consumer Warranty Act can protect you. The Song-Beverly Consumer Warranty Act is also popularly known as the "California lemon law".

The Song-Beverly Warranty Rights - Coverage for New Motor Vehicles

• The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles

What is the protection afforded to me for my lemon buy, by the California lemon law?

     The California lemon law requires that the manufacturer is required promptly to replace the vehicle or return the purchase price to you, as a lessee or buyer:

• If the manufacturer or its representative in California, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts

What does the purchase price returned for my lemon buy include, under the California lemon law?

According to the California lemon law the purchase price that is returned:

• Includes the price paid for manufacturer-installed items and transportation
• Does not include the price paid for non-manufacturer items installed by the dealer

What is the choice afforded to me for my lemon buy, by the California lemon law?

According to the California lemon law as a lessee or buyer you are completely free to choose whether to accept a replacement or a refund.

What is the other monetary protection afforded to me for my lemon buy, by the California lemon law?

According to the California lemon law, whatever is your choice, the manufacturer is also responsible to pay for the:

• Sales or use tax
• License, registration and other official fees
• Incidental damages that you, as a lessee or buyer, may have incurred such as finance charges, repair, towing and rental car costs

What are the charges incurred by me for the use of my lemon car, under the California lemon law?

According to the California lemon law, as a lessee or buyer:

• You may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded
• The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a factor that includes the number of miles traveled by the vehicle before it was first brought in for correction of the problem
• For example, if your lemon car had traveled 6,000 miles before it was first brought in for correction of the problem, you as a lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage

How long does the California lemon law apply to my new lemon vehicle?

The California lemon law applies for the entire period of your warranty on your lemon vehicle:

• If your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above
• The California lemon law applies for the entire period of your warranty on your lemon vehicle, if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so

When is the California lemon law NOT applicable to my new lemon vehicle?

The California lemon law/Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered to you. Follow the terms of the warranty for maintenance and proper use of your vehicle.

What is the statute of limitations for my lemon buy, under the California lemon law?

According to the California lemon law, there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly.

To get the best advantage through the California lemon law, you should act promptly to try to resolve the problem fairly and quickly to your advantage.

Under the California lemon law a manufacturer is required to repurchase or replace a vehicle if:

• It has a defect or condition that was reported to the manufacturer or dealer
• The defect or condition continues to exist even after a reasonable number of repairs
• It is still under the manufacturer’s warranty

A vehicle is presumed to be subject to a reasonable number of repair attempts if:

• The same nonconformity that is likely to cause death or serious bodily injury has been subject to repair two or more times
• The same nonconformity has been subject to repairs, four or more times
• The vehicle has been out of service for a cumulative 30 calendar days
• The repair attempts have been made within 18 months from delivery or 18,000 miles, whichever occurs first

     Under the California lemon law, if a manufacturer fails to fix the same problem/s in a vehicle after a reasonable number of repair attempts, he must concede the choice of the consumer by either replacing the vehicle or by refunding it.

     When Taking Your Car in for Warranty Service, keep an eye open for the Content of the Repair Order that goes into their computer. The Automobile manufacturer has a strategy to hoodwink you and the California lemon law presumptions by manipulating your complaint on a nonconformity.

Let us see how he does it:

The Automobile manufacturer can ruin the chances of your California lemon law claim by making changes in the language on the repair orders. If your vehicle has started showing transmission problems and you choose to bring it in immediately, say for hard shifting. The dealer’s service writer puts it down religiously on the repair order in his computer. This computer actually has a “flag system” that works whenever you bring your vehicle in for warranty service for the same problem. On your second visit for the same hard shifting issue, your vehicle gets “flagged” on this computer to alert the dealer's technician and service writer about the potential lemon law claim in the offing.

The service writer learns that he is dealing with a dangerous vehicle that may any time after this visit drag the Automobile manufacturer to the court for a California lemon law claim. As a result, either on the same visit of yours or on the next he would choose not to record your complaint for hard shifting. He might choose to write something different. The dealer’s service writer might choose a 'gas pedal sticking' or 'an engine over-rev' for the problem on your second visit, the one after that and the one after that.

Sick with this recalcitrant problem you may choose to file your California lemon law claim after five or six repair attempts for 'hard shifting'. When it is time to submit your service order copies which you have treasured for so long, you will discover that it has only one or two repair orders that mention 'hard shifting' and the rest are of some remote problems you never dreamt of. This whole episode can turn the tables in favor of your car manufacturer. The car manufacturer would argue that he never had enough repair attempts for the nonconformity, pulling a wet rag on your California lemon law claim.

How are you going to protect yourself against this kind of manipulation?

Ensure that YOUR description of the problem appears on the repair order by following the steps:

• Write out your complaints before you go to the dealership. Type your own description of the problems on a computer
• Copy and present it to the service writer
• Insist on their attaching your written complaints to the repair order

     This should entirely remove the opportunity for the service writer to write his own version of the repair order. Keep copies of all the repair orders you placed in the hands of the service writer.

Disclaimer: This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.

Have you ever thought where all those lemon cars, trucks do and motorcycles the manufacturers buy back, go? Laundered, they often return to streets as laundered lemons.More often than not, dealers don’t tell consumers that they are selling a laundered lemon though in most states, it is mandatory under the Lemon Law that the buyer must be told about the repurchase.  If your new motor vehicle turns out to be a laundered lemon car or a laundered lemon truck click the link www.yourlemonlawrights.com for legal advice.

A Laundered Lemon Car is any vehicle that has been  

• Repurchased by the manufacturer because of persistent complaints and/or deadly defects
• Resold to an unsuspecting buyer without divulging the history of the vehicle

Know your Right to Laundered Lemon Warnings
The Lemon Law in most states prohibits lemon laundering. Law requires manufacturers to do three things after repurchasing a vehicle.  

• Mark the vehicle as Lemon
• Notify the Buyer with a written list of defects before the sale
• Give the Buyer a One Year Warranty

 A vehicle that has a deadly defect should never be put up for resale. Laundered Lemon dealers Tamper with the Lemon Law
The manufacturer hoodwinks the law by 

• Repurchasing the vehicle as a goodwill buy back
• Claiming that the vehicle is not covered by the Lemon Law
• Shipping the vehicle out of state to an auto auction/a car dealer/a consumer
• Denying any Knowledge of the Lemon History of the vehicle, despite Its Complete Warranty Repair History
• Moving the lemon vehicle to a state that does not require branding
• Moving the lemon vehicle to a state  that does not recognize the brand  from the previous state

 Consequently,

• The vehicle is left unmarked

 In cases where the title is branded,

• Consumers do not actually see the title immediately

Laundered Lemon dealers Fake Legal Compliance
Occasionally, manufacturers and car dealers do feign compliance with the law by 

• Identifying only one or two of the many complaints made by the previous owner of the lemon car
• Removing the word warning from the top of the disclosure document
• Placing the disclosure document within a large stack of documents
• Spreading the stack out in a way that leaves the signature lines visible while the top half of the document is hidden by the stack itself

 As a result, buyers often unknowingly sign a form acknowledging that the vehicle is a lemon. In such a case, the signed form should have no legal effect on your rights. Are You a Victim?
If you discover that you have unknowingly purchased a laundered lemon vehicle, seek legal counsel immediately for a free case evaluation at www.yourlemonlawrights.com. 

Avoid Buying someone else's Lemon Remember to

• Check the history of the car's prior ownership before you buy it
• Ask the dealer where they got the vehicle/who owned it before

 The dealer should cooperate. If he does not, go elsewhere. There is no law that prevents a car dealer from telling the truth.

• Write down the Vehicle Identification Number/VIN
• Do a free Internet title search on the free Auto History Lemon Detector
• You can cross-check the results on Auto Check

Price of a Laundered Lemon Car
If you think you are being charged more for a laundered lemon check out NADA's consumer guides to vehicle values for 

• Current valuations
• Older editions of the NADA book

 Laundered Lemon car sale is a big business In one lawsuit it was discovered that  

• Chrysler alone bought back 45,000 lemon cars in about four years

• Chrysler resold their lemon cars for a total of $1 billion

 The calculations for the big companies like Ford, General Motors, and the importers are not available. You do not have to be a victim in any Lemon Laundering scheme. If your new vehicle turns out to be a laundered lemon car or a truck click the link www.yourlemonlawrights.com for a free case evaluation.