Chevrolet Tahoe Lemon Law

A six-week repair wait significantly strengthens your lemon law claim under the Song-Beverly Act. California law presumes a vehicle is a lemon if it has been out of service for 30 or more cumulative days for warranty repairs. A single repair visit exceeding 30 days by itself can trigger this presumption. Additionally, a lifter failure that causes engine misfires is a substantial safety and use impairment, so you may also qualify based on the severity of the defect.

Four repair attempts for the same defect far exceed the Song-Beverly Act's presumption threshold of two attempts for the same nonconformity. A malfunctioning suspension system that affects ride height, handling, and stability is clearly a substantial impairment of safety and use. You should send a written demand to General Motors requesting a repurchase or replacement before filing a civil action. Under the Act, GM must comply or face potential liability for a civil penalty of up to two times the actual damages if a court finds they willfully violated the law.

Under the Song-Beverly Act, you are entitled to a full refund of the purchase price, including taxes, registration fees, finance charges, and incidental damages such as towing and rental car costs. However, the manufacturer is allowed to deduct a reasonable mileage offset based on the miles driven before the first repair attempt for the defect. The offset is calculated by dividing the mileage at first repair by 120,000 and multiplying by the purchase price. Your attorney fees are also recoverable and paid separately by the manufacturer.

A dealer's inability to duplicate a problem does not eliminate your rights under the Song-Beverly Act. Each visit where you present the vehicle for repair counts as a repair attempt, regardless of whether the dealer confirms the issue. Document the symptoms thoroughly with video recordings, notes on conditions when the noise occurs, and timestamps. California courts recognize that intermittent defects can be especially dangerous and frustrating, and the law protects consumers even when dealers struggle to reproduce the problem.