Under the Song-Beverly Consumer Warranty Act, California’s Lemon Law, a buyer is entitled to either a repurchase of their defective vehicle or a replacement vehicle.  The choice is the buyer’s. For a repurchase, the buyer receives a refund of the vehicle’s purchase price and incidental and consequential damages, with a mileage offset taken from this…

No. The Song-Beverly Consumer Warranty Act (California’s lemon law) does not require that consumers contact manufacturers to request a buyback or replacement vehicle to get one. Instead, the California Lemon Law statute and cases interpreting the it have found that the manufacturers have an affirmative duty to reach out to consumers whose vehicles qualify to…

In April 2013, our clients, Melissa and Geoff W. purchased a pre-owned 2012 Dodge Ram 2500 to be Geoff’s primary vehicle. He’d previously always preferred Chevy trucks, but after hearing great things from friends about how reliable and durable Dodge trucks were, he decided take a shot and give Dodge a chance. Unfortunately, he got…

Our clients, Marty A. and his wife Sandra, purchased a new 2012 KIA Sorrento as a present to each other. Unfortunately, the SUV turned out to be no gift.  Within 5 months, the transmission failed. Leaking Fluid within the torque converter made the transmission irreparable, so KIA’s authorized repair facility elected to replace it with a…

In September 2012, our client, Julio H. bought a new 2013 BMW 335i Active Hybrid “ultimate driving machine” sports sedan, his dream car and first new car after driving a used 1999 Honda Civic for thirteen years. He was excited to treat himself to a a premium luxury vehicle after obtaining his Doctorate, but was…

In April 2015, our client Norman C. bought a new 2015 Kia Optima for he and his wife to enjoy. Norman owned two prior KIA vehicles and had great experiences, so he decided an Optima would be a good choice for a new family car. Unfortunately, he got stuck with a lemon. Within the first…

Our client, Sam P. purchased a new 2010 BMW X5, as a premium luxury SUV to enjoy in his retirement and to use for safe and reliable passage to visit and transport his grandchildren. The BMX X5 SUV turned out to be anything but reliable.  Within the first six months of his purchase, the X5…

Andres A. and Lucia A. leased then purchased a 2012 Dodge Durango to be their primary family vehicle, to drive to and from work and drive the kids to school and their activities. Over the next three years, the Durango caused the family nothing but trouble. Andres and Lucia brought the Durango to FCA’s dealerships…

Matthew J. and Marisa J. bought a used 2011 Dodge Durango to be their primary family vehicle, to be used to drive to and from work and shuttle their kids to school and activities. Just over one year after purchase, the substantial problems began. Over the next three years, Matthew and Marisa had to bring…