Automotive Consumer Notification Act
This section talks about how California is protecting
consumers from dealers who tranfer lemon vehicle to and from different
states with different lemon laws.
California Civil Code 1793.23
1793.23. (a) The Legislature finds and declares
all of the following:
(1) That the expansion of state warranty laws covering new and
used cars has given important and valuable protection to consumers.
(2) That, in states without this valuable warranty protection,
used and irrepairable motor vehicles are being resold in the marketplace
without notice to the subsequent purchaser.
(3) That other states have addressed this problem by requiring
notices on the title of these vehicles or other notice procedures
to warn consumers that the motor vehicles were repurchased by
a dealer or manufacturer because the vehicle could not be repaired
in a reasonable length of time or a reasonable number of repair
attempts or the dealer or manufacturer was not willing to repair
the vehicle.
(4) That these notices serve the interests of consumers who have
a right to information relevant to their buying decisions.
(5) That the disappearance of these notices upon the transfer
of title from another state to this state encourages the transport
of "lemons" to this state for sale to the drivers of
this state.
(b) This section and Section 1793.24 shall be known, and may be
cited as, the Automotive Consumer Notification Act.
(c) Any manufacturer who reacquires or assists a dealer or lienholder
to reacquire a motor vehicle registered in this state, any other
state, or a federally administered district shall, prior to any
sale, lease, or transfer of the vehicle in this state, or prior
to exporting the vehicle to another state for sale, lease, or
transfer if the vehicle was registered in this state and reacquired
pursuant to paragraph (2) of subdivision (d) of Section 1793.2,
cause the vehicle to be retitled in the name of the manufacturer,
request the Department of Motor Vehicles to inscribe the ownership
certificate with the notation "Lemon Law Buyback," and
affix a decal to the vehicle in accordance with Section 11713.12
of the Vehicle Code if the manufacturer knew or should have known
that the vehicle is required by law to be replaced, accepted for
restitution due to the failure of the manufacturer to conform
the vehicle to applicable warranties pursuant to paragraph (2)
of subdivision (d) of Section 1793.2, or accepted for restitution
by the manufacturer due to the failure of the manufacturer to
conform the vehicle to warranties required by any other applicable
law of the state, any other state, or federal law.
(d) Any manufacturer who reacquires or assists a dealer or lienholder
to reacquire a motor vehicle in response to a request by the buyer
or lessee that the vehicle be either replaced or accepted for
restitution because the vehicle did not conform to express warranties
shall, prior to the sale, lease, or other transfer of the vehicle,
execute and deliver to the subsequent transferee a notice and
obtain the transferee's written acknowledgment of a notice, as
prescribed by Section 1793.24.
(e) Any person, including any dealer, who acquires a motor vehicle
for resale and knows or should have known that the vehicle was
reacquired by the vehicle's manufacturer in response to a request
by the last retail owner or lessee of the vehicle that it be replaced
or accepted for restitution because the vehicle did not conform
to express warranties shall, prior to the sale, lease, or other
transfer, execute and deliver to the subsequent transferee a notice
and obtain the transferee's written acknowledgment of a notice,
as prescribed by Section 1793.24.
(f) Any person, including any manufacturer or dealer, who sells,
leases, or transfers ownership of a motor vehicle when the vehicle's
ownership certificate is inscribed with the notation "Lemon
Law Buyback" shall, prior to the sale, lease, or ownership
transfer of the vehicle, provide the transferee with a disclosure
statement signed by the transferee that states:
"THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO
A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE
TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE NOTATION
"LEMON LAW BUYBACK'."
(g) The disclosure requirements in subdivisions (d), (e), and
(f) are cumulative with all other consumer notice requirements
and do not relieve any person, including any dealer or manufacturer,
from complying with any other applicable law, including any requirement
of subdivision (f) of Section 1793.22.
(h) For purposes of this section, "dealer" means any
person engaged in the business of selling, offering for sale,
or negotiating the retail sale of, a used motor vehicle or selling
motor vehicles as a broker or agent for another, including the
officers, agents, and employees of the person and any combination
or association of dealers.
(Amended Sec. 7, Ch. 932, Stats. 1998. Effective January 1, 1999.)
For more info see: http://www.dmv.ca.gov/pubs/vctop/appndxa/civil/civ1793_23.htm
Disclaimer: while the editors of this website try
to get all of the information factually correct, there may be
mistakes we have either overlooked or the legal codes may have
changed. See the official government websites listed for up to
date information and consult with a California Lemon Law attorney
to discuss specific options.
