What are my guaranteed remedies in California under Song Beverly?
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The Song Beverly Consumer Warranty Act is a California civil code that guarantees protection against "lemons" to buyers and leasers of new motor vehicles. The Song Beverly lemon law offers numerous remedies that you should be aware of as a consumer.
Understanding Song Beverly's Guarantees
The Song-Beverly Act works in conjunction with national laws laid out by the Uniform Commercial Code (UCC). Song Beverly itself specifically provides buyers and leasers with the following protections:
- Should a vehicle be found defective in any way (parts that do not function properly, constant and unusual need for repairs, etc.), the manufacturer or the party representing the manufacturer (in some cases, a car dealership) is required to perform a “reasonable” number of attempts to correct the problem. Whether these repairs will be performed at a service rate or free of charge will vary by situation, is up to the parties involved, and does not affect the application of the Song-Beverly remedies.
- Should these reasonable repair attempts not succeed in correcting the problem, the law states that the manufacturer is required to either replace the vehicle for the consumer, or take it back and refund the price of purchase or lease. Price of purchase or lease may be deducted a certain amount for normal wear and tear and/or depreciation of value over time, depending on the age and condition of the vehicle.
- Should a Song-Beverly claim be taken to court, and the consumer win, he or she is also likely entitled to receive court and lawyer fees in the judgment.
Getting Help w/ Lemon Laws Under the Song Beverly Act
If you believe you may have a claim under Song-Beverly, (i.e., a functional guarantee or promise was broken), you should consult a lawyer as soon as possible. Your attorney can help you to gather the evidence you need and complete the proper process to file a claim and collect your remedy.