AB 355

Currently the law governing repair, replacement, and refund under a motor

vehicle warranty, commonly referred to as the "lemon law," provides remedies for a

person who purchases or receives (consumer) a motor vehicle having a condition or

defect that substantially impairs the use, value, or safety of the motor vehicle and

that is covered by an express warranty (nonconformity). If a consumer reports a

nonconformity to the manufacturer or the manufacturer's authorized dealer on a

form prescribed by the Department of Transportation (DOT) for reporting a

nonconformity, and if the consumer makes the motor vehicle available for repair

before the warranty expires or within one year after first delivery of the vehicle to

a consumer, whichever is sooner, the consumer is entitled to have the nonconformity

repaired. If certain requirements are satisfied and the nonconformity is not

repaired, the manufacturer must provide the consumer with a comparable new

motor vehicle or a refund. The DOT form for reporting a nonconformity must require

the consumer to provide specified information.

This bill eliminates the requirement that a consumer use a DOT form to report

a nonconformity to a manufacturer under the lemon law.