What remedies are available to a motor vehicle purchaser who finds that their vehicle is failing to conform to the Song-Beverly Act?

California, United States of America


The following excerpt is from Hanna v. Mercedes-Benz USA, LLC, 248 Cal.Rptr.3d 654, 36 Cal.App.5th 493 (Cal. App. 2019):

2 The Song-Beverly Act requires a manufacturer that gives an express warranty on a new motor vehicle to service or repair that vehicle to conform to the warranty. If the manufacturer is unable to do so after a reasonable number of attempts, the purchaser may seek replacement of the vehicle or restitution in an amount equal to the purchase price less an amount directly attributable to use by the purchaser prior to the discovery of the nonconformity. (Civ. Code, 1793.2, subd. (d) ; see Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal.4th 1246, 1250, 13 Cal.Rptr.3d 793, 90 P.3d 752.)

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