The "lemon law" is a common term to indicate a body of laws which has been enacted to protect consumers from defective products. In the past, warranties often had grand sounding terms, but in fact, left the consumer without any protection at all. Therefore, laws have been passed stating anyone selling a product with a warranty has to give at least a minimum of protection to the consumer, i.e., a toaster will toast and a vacuum will vacuum. Each state has its own consumer/lemon laws and there are also federal laws.

The federal "lemon law" is the Magnusson Moss Act. California’s "lemon law" is the Song Beverly Act.

The "lemon law", as it pertains to automobiles, has developed over the years and offers the consumer specific protections. In California, a car which has been out of service for more then four (4) times for the same nonconformity (note: a "noncomformity must affect the value, use, or safety of the vehicle), or for more than thirty (30) days cumulatively during the first 12 months or 12,000 miles (whichever comes first), is presumed to be a "lemon" and the buyer is entitled to either a refund of the purchase price or a new vehicle, whichever he or she chooses. (Note: a vehicle may be a lemon and subjected to a buyback even if it does not fall under presumption)

Resources:

External Links:

• The Consumer Law Page (a resource for consumer questions and concerns) at www.consumerlawpage.com
• National Highway and Traffic Safety Administration (NHTSA) at www.nhtsa.dot.gov
  
  Websites for new/used car purchasing:
• The Kelley Blue Book (information about new cars) at www.kbb.com
• Edmund Publications (list and dealer invoice prices) at www.edmund.com
• Autosite (information on new and used vehicles) at www.autosite.com
• Intellichoice (charges $4.95 per report) at http://intellichoice.com
• Autobytel (free services of 1,400 national dealers at http://autobytel.com
• Microsoft Carpoint (car buying process) at http://carpoint.msn.com
  
  
• see Leasing vs. Buying for additional links

Purpose of the firm
To provide the consumer with an efficient and effective way to enforce warranties provided by manufacturers/distributors.

To engage in the highest ethical standards with the expectancy that others will also adhere to such standards in conducting their businesses. Good business practices benefit consumer, the business and our society.

To give the consumers the tools (information) and support to protect themselves and resolve matters themselves whenever possible.

About Susan Johnson Bates
Susan Johnson Bates brings into her legal practice a wealth of experience and understanding from a business as well as a personal point of view.

Ms. Bates has been a practicing attorney since 1983 and has practiced in the area of consumer law since 1988. She is licensed to practice in all the courts of the State of California as well as the United States Federal Court, Ninth District. She has been active in the Bar Association, serving as a judge pro term in Superior Court, as the Chairperson of the Fee Arbitration Committee of the Santa Clara County Bar Association and on various executive committees. She has been instrumental in the settlement of hundreds of cases including "lemon" buy-backs wherein the manufacturer returns to the consumer the entire purchase price and out-of-pocket costs including attorney’s fees.

Susan Johnson Bates
333 W. Santa Clara Street, Suite 612
San Jose, California 95113
Telephone (408) 286-9700
Fax (408) 286-9403
E-mail sjbates@best.com

Warning: This is general information which may or may not apply to your situation and the laws of your state. Please contact an attorney in your jurisdiction to review the facts of your situation.