Calculate your Song-Beverly Act refund: purchase price minus mileage offset, plus tax, fees, finance charges, and 2x civil penalty for willful violations
The mileage offset accounts for the use you received before the first repair attempt. The 120,000-mile denominator is set by statute (CC 1793.2(d)(2)(C)). Finance charges are included if you financed the purchase — the manufacturer must reimburse what you paid in interest.
Under CC 1793.22, your vehicle is presumed to be a lemon if, within 18 months or 18,000 miles of delivery:
The defect must substantially impair the vehicle's use, value, or safety. Minor cosmetic issues typically don't qualify.
Yes. California's Song-Beverly Act applies to leased vehicles. For leases, the manufacturer must return all lease payments made, plus the lease inception costs (down payment, first month's payment, bank fees), minus the mileage offset. The lessor must also cancel the lease with no early termination penalty.
Yes. Under CC 1793.2(d), you can choose either a refund OR a replacement vehicle of substantially identical type. Most consumers choose the refund because it's cleaner and avoids getting another potentially problematic vehicle from the same manufacturer.
The mileage offset compensates the manufacturer for the use you received before the first repair attempt. Formula: (Miles at First Repair Attempt ÷ 120,000) × Purchase Price. For example, if you bought a $40,000 car and had 5,000 miles at the first repair attempt: (5,000 / 120,000) × $40,000 = $1,667 offset. Your refund base would be $38,333.
Under CC 1794(c), if the manufacturer's failure to repurchase or replace was willful, you can recover a civil penalty of up to 2x your actual damages. "Willful" typically means the manufacturer knew the vehicle qualified as a lemon but refused to buy it back. Sending a demand letter that clearly establishes lemon status helps prove willfulness if the manufacturer ignores it.
Yes. Under CC 1794(d), if you prevail in a Song-Beverly action, the manufacturer must pay your reasonable attorney fees and costs. This is why many lemon law attorneys work on contingency — the manufacturer pays their fees on top of your refund. This fee-shifting makes it financially viable to pursue even modest lemon claims.
A professional demand letter itemizing your Song-Beverly refund puts the manufacturer on notice and triggers the willfulness clock for the 2x civil penalty.
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