From Repair Attempts to Repurchase or Replacement: Key Time Frames in California Lemon Law Cases Under the Song-Beverly Act
April 22, 2025- Categories: Lemon Law
California boasts several of the most consumer-friendly “lemon laws” in the nation. These laws are primarily enforced by the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act. The latter applies only to new vehicles sold within the past 18 months that have been driven fewer than 18,000 miles. The former, however, applies to all types of consumer goods, including new motor vehicles, and is not limited to 18 months or 18,000 miles. In fact, many people bring lemon law claims after owning the vehicle for many years and having put tens of thousands of miles on their vehicles
Motor vehicles sold in California are protected by the implied warranty in the Song-Beverly Act, even if the vehicle doesn’t include a warranty. However, just because you are protected by one of the strongest consumer protection laws in the country, that doesn’t mean obtaining those protections is easy. Understanding “reasonable number of repair attempts” or determining the time frame in which you must notify the manufacturer of your intent to enforce your rights may be challenging for anyone without a legal degree. The attorneys at Neale & Fhima APC can help you navigate these laws with minimal difficulties.
Understanding “Reasonable Number of Repair Attempts”
The Song-Beverly Act gives the manufacturer a “reasonable number of repair attempts” to correct a defect before it must repurchase or replace the vehicle. Unfortunately, the text of this lemon law does not define a reasonable number of attempts.
Obviously, in almost all situations, the manufacturer must be given at least one attempt to repair the problem. Short of the car being totaled due to an accident caused by a defect, that is the minimum reasonable value. But are two attempts reasonable? For a safety related defect, yes it can be…
At a certain point, though, the amount of time that you are without your vehicle may make any further attempts unreasonable. If the manufacturer is willing to provide you with a loaner vehicle for the duration, however, the number of reasonable attempts may increase.
The Tanner Consumer Protection Act uses more precise numbers. It sets four as the “reasonable number of repair attempts” or 30 days of repair, whichever comes first. While these may be good standards, they are not hard fast rules. The number of “reasonable” repair attempts depends on the nature of the defect and the facts surrounding the vehicle and case.
Time Frame for Notifying the Manufacturer
The warranty protections provided by the Song-Beverly Consumer Protection Act are treated as a contract. The manufacturer is required to fulfill its end of the contract by correcting a defect in the vehicle as long as it falls under the terms of the Song-Beverly Act. If the manufacturer fails to fulfill that obligation, you have the right to file a lawsuit against it.
Do you have a new vehicle that is not functioning as intended? Contact the California lemon law lawyers at Neale & Fhima APC at 888-407-2955 to discuss your options.
Manufacturer’s Opportunity to Repair
As previously discussed, the manufacturer must be given a reasonable opportunity to repair your vehicle. This means you need to give them reasonable time to identify the problem and repair it, as well as reasonable attempts to repair it. However, the manufacturer can’t delay that opportunity. If you inform the manufacturer of a defect and allow it to be repaired, the amount of time that your vehicle is out of commission starts counting from the moment you informed the manufacturer.
Thus, if the manufacturer says it can’t even look at your car for two weeks, that is two weeks that your car is out of service that counts against the “reasonable” time frame. If a manufacturer told you that it couldn’t possibly repair your vehicle for over a year, the manufacturer would effectively be relinquishing its opportunity to repair. A year is not a reasonable time to be without a car.
Before allowing the manufacturer to repair your vehicle, you should contact our law firm. We have experience identifying reasonable attempts and reasonable repair times. If we believe that the manufacturer is intentionally delaying your repairs or otherwise violating the terms of the implicit warranty provided by the Song-Beverly Act, we can take legal action on your behalf.
Repurchase or Replacement
Hopefully, you will never have to sue the manufacturer for a defect. Repairing your vehicle isn’t the only way that the manufacturer can correct a defect. It also has the option to repurchase or replace your vehicle.
Replacement occurs when the manufacturer replaces your vehicle with one similar to yours, and transfers the loan from your old vehicle to your new vehicle.
Repurchase occurs when the manufacturer refunds you your payments, downpayment, collateral fees, registration, sales tax and more and pays off your outstanding loan balance. Your recovery is then offset by the value of the miles you put on your vehicle at the time of the first repair visit for the defect in questions. This is a situation where you may need our law firm to negotiate with the manufacturer. The manufacturer may try to make a lowball offer that does not represent what you are owed under the law. We will fight to get you the best value possible.
If the manufacturer can’t repair your vehicle, they can avoid breach of contract by replacing or repurchasing it.
Contact Neale & Fhima APC Today
Did your vehicle fail through no fault of your own? If it had a manufacturing defect, you may have a Song-Beverly Act case. The lawyers at our law firm can help you understand your rights.
Don’t wait to act. The sooner you speak with a lawyer, the better. Contact Neal & Fhima APC in California at 888-407-2955 as soon as possible to protect your rights.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
