Wirtz Law Blog

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 total. These are called the “actual damages.”

The refund of the purchase price consists of:

• The actual price paid for the vehicle, including transportation or manufacturer-installed options;
• Finance charges, prepayment penalties, and early termination charges if actually paid or incurred;
• Sales tax, license fees, registration fees, and other official fees included in the sale of the vehicle; and
• Any amount still owing on the vehicle, not including unpaid finance charges.

Additionally, if the buyer can prove that the manufacturer willfully failed to comply with any duty under the Act, the buyer may also receive a civil penalty of up to two times the amount of actual damages.

For more information call the experienced trial attorneys at (858) 259-5009 for a free case evaluation.

Disclaimer.  The information provided in this post is for informational and educational purposes only regarding aspects of the California Lemon Law.  It is intended for California Consumers only.  This post is considered an advertisement by attorney Richard M. Wirtz and Wirtz Law APC. You should not rely on any of the information provided in this advertisement and no legal advice is given by the advertisement. No attorney client relationship is established by viewing this advertisement. A written signed engagement agreement between you and Wirtz Law APC is required to create an attorney client relationship. You should immediately consult an attorney who is experienced in California Lemon Law. Attorney Richard M. Wirtz is responsible for the content of this post.