California military lemon law is a term commonly used for an exception for military service members to file a lemon law or breach of warranty claim under the Song Beverly Consumer Warranty Act (the Act) in California. Under the Act, consumers may only bring lemon law claims for vehicles (and other products under the Act) that are bought and serviced in California. Military service members, however, may bring a claim under the Act regarding their motor vehicle even if they bought their vehicle outside of California “if the service member was stationed in or was a resident of California at the time he or she purchased the motor vehicle, or at the time he or she filed an action under the Act.” CA Civil Code 1795.8.
This is the actual reading of the law: “Notwithstanding any other provision of law, this chapter shall apply to a purchase in the United States of a motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22, with a manufacturer’s express warranty by a member of the Armed Forces regardless of in which state his or her motor vehicle is purchased or registered, if both of the following apply:
(a) The member of the Armed Forces purchases a motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22, with a manufacturer’s express warranty from a manufacturer who sells motor vehicles in this state or from an agent or representative of that manufacturer.
(b) The member of the Armed Forces was stationed in or a resident of this state at the time he or she purchased the motor vehicle or at the time he or she filed an action pursuant to this chapter.”
California lemon law and related statutes, including “military lemon law,” are nuanced and complicated. Although a consumer is not required to hire a lemon law attorney to file a claim in California, there is an incentive for a California consumer, including military service members, to use an attorney for a potential lemon law claim because the Act provides for attorneys’ fees and costs be paid by the vehicle manufacturer if the consumer prevails.
Attorney Luis Aguirre is a U.S. Veteran who knows about the particular sensitivities of military service members. Contact us for a free consultation.
Luis Aguirre California Lemon Law Attorney 26060 Acero Suite 111
Mission Viejo, CA 92691 Telephone: 949.342.6199.