Lemon Law for California

The Lemon Law applies to passenger automobiles, including pickup trucks and vans and any self-propelled motor vehicle chassis of motor homes sold new to a consumer in the State.
The vehicle must either still be covered by the express warranty and the consumer reports the problem to the manufacturer during the term of that express warranty or during the period of one year following the date of original delivery to the consumer, whichever is the later date.

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An opinion or recommendation does not form an express warranty. Sales talk–for example, “This car runs like a dream”–will not create an express warranty. However, statements such as “This car needs no repairs,” or “This car has a V-8 engine,” will create an express warranty.

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Whenever a seller gives any description, makes any declaration of fact, or makes any promise on which the buyer relies when deciding to make the purchase, the seller creates an express warranty. A seller may create an express warranty orally, in writing, or through an advertisement.

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A warranty is a guarantee of the product’s quality and performance. A warranty may be written or oral. The Uniform Commercial Code (UCC) provides for three kinds of warranties given by a car seller: an express warranty, an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose. A seller may also sell a car “as is,” which means it is not covered by any warranties.

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