The Song-Beverly Act, which begins at California Civil Code section 1790, relates to individuals who purchase or lease new motor vehicles, as well as other consumer products. It is meant to protect the consumers in the instance of excessive repair attempts being made and the vehicle not being restored to a satisfactory condition as expressed in the written warranty. It applies for the whole period of the warranty. The manufacturer or the authorized dealer who represents the manufacturer may be required to issue a refund or provide the consumer with a replacement vehicle. The manufacturer or representative may offer one or the other, though the consumer does not have to accept a new vehicle if he or she would prefer to have a refund.
The refund that is granted must consist of any monthly payments, the down payment, and anything that was paid for the manufacturer-installed items. Also included in this is use or sales tax, registration, license, and additional fees of an official nature. Other costs to be paid include the out-of-pocket repairs related to the case, expenses for a rental vehicle, and towing costs. However, the buyer may have to give the manufacturer a usage charge, which is determined by a specific calculation. This amount will be deducted from the refund.
Read up on the terms that are in the owner’s manual, as you will not be able to request that the manufacturer give you a replacement or refund if the problem occurred due to abuse of the vehicle after it was delivered. Be aware that you have four years from the date of the breach to file against them under the statute of limitations.