According to the Song-Beverly Consumer Warranty Act, California’s lemon law, a buyer can recover civil penalties if the manufacturer willfully violated the Act In this context, “willful” means the manufacturer “knew of its legal obligations and intentionally declined to follow them.” This means that the manufacturer knew what it was doing and intended to do…

Under California Lemon Law, owners of lemon vehicles can seek a replacement vehicle or a “buyback” from the automaker. Owners of lemon vehicles can also seek other damages. These include compensation for “incidental and consequential” costs like towing fees. They also include attorney’s fees.  These damages seek to compensate the vehicle owner for costs they…

In addition to a refund of the price of the vehicle itself, a California buyer is entitled to recover incidental and consequential damages. The Song-Beverly Consumer Warranty Act, California’s lemon law, does not include an exhaustive list of what counts toward this total. Instead, the Act states such damages include but are not limited to…

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…