📋 Overview: California Prohibits "AS IS" Warranty Disclaimers
Many consumers are told "you bought it AS IS" when they try to return defective products. While this may work in some states, California prohibits sellers from disclaiming implied warranties on consumer goods. If a California seller told you "AS IS" or "all sales final, no warranty" on a consumer product, that disclaimer is void and unenforceable.
What Are Implied Warranties?
When you buy a product, certain warranties automatically apply by law - even if the seller never mentions them:
🛠 Implied Warranty of Merchantability
The product is fit for its ordinary purpose. A toaster should toast. A phone should make calls. The product should work as expected.
🎯 Implied Warranty of Fitness
If you tell the seller your specific needs and rely on their recommendation, the product must be suitable for that purpose.
📄 Express Warranty
Any specific promises the seller makes about the product (written or verbal) become part of the contract.
When to Use This Guide
This guide helps California consumers when:
❌ Seller Claims "AS IS"
Seller refuses to refund defective product claiming it was sold "as is" or "with all faults"
📄 Contract Says "No Warranty"
Receipt or contract contains language disclaiming all warranties
🚫 "Final Sale" Defense
Seller claims "all sales final" prevents any warranty claims
🛒 Used/Refurbished Products
Seller claims used or refurbished items have no warranty
👍 California's Strong Consumer Protection
Under California Civil Code Section 1792.3 and 1792.4, implied warranties cannot be disclaimed for consumer goods. Any "AS IS" or warranty disclaimer language is void. Even if you signed a contract with disclaimer language, California law makes that provision unenforceable.
⚠ Important Exceptions
- Vehicle sales by dealers have specific rules under the Tanner Consumer Protection Act (California's Lemon Law)
- Private party sales (individual to individual, not business) may allow AS-IS disclaimers
- Commercial/business purchases are not covered by Song-Beverly Act
- Out-of-state purchases may be governed by different state laws
🌎 States Prohibiting Implied Warranty Disclaimers
California is one of several states that prohibit or restrict disclaiming implied warranties on consumer goods. Here's how California compares to other states:
| State | Can Disclaim Implied Warranties? | Key Law |
|---|---|---|
| California | NO - Prohibited | Song-Beverly Act, Civ. Code 1792.3-1792.4 |
| Massachusetts | NO - Prohibited | M.G.L. c. 106 Section 2-316A |
| Connecticut | NO - Prohibited | Conn. Gen. Stat. Section 42a-2-316(5) |
| Maine | NO - Prohibited | 11 M.R.S.A. Section 2-316(5) |
| Maryland | NO - Prohibited | Md. Com. Law Section 2-316.1 |
| Mississippi | NO - Prohibited | Miss. Code Ann. Section 11-7-18 |
| Vermont | NO - Prohibited | 9A V.S.A. Section 2-316(5) |
| West Virginia | NO - Prohibited | W. Va. Code Section 46A-6-107 |
| Kansas | Limited - Farm Equipment Only | K.S.A. 16-120 |
| District of Columbia | NO - Prohibited | D.C. Code Section 28:2-316.01 |
| Most Other States | YES - Allowed with UCC 2-316 requirements | Must be "conspicuous" and use specific language |
💡 Why California's Protection Matters
In states that allow AS-IS sales, sellers can disclaim implied warranties if they use the right language and make it "conspicuous." But in California, no matter how prominently the seller displays "AS IS" language, it's void for consumer goods. This makes California one of the most consumer-friendly states for warranty disputes.
Federal Law (Magnuson-Moss Warranty Act)
The federal Magnuson-Moss Warranty Act provides additional protection nationwide:
- If a seller provides a written warranty, they cannot disclaim implied warranties
- If a seller offers a service contract, they cannot disclaim implied warranties
- Implied warranties can only be limited in duration to match the written warranty period
- Provides for attorney fees for prevailing consumers
⚖ Legal Basis
California's prohibition on warranty disclaimers comes from the Song-Beverly Consumer Warranty Act, one of the strongest consumer protection laws in the country.
Key California Statutes
Civil Code Section 1792 - Implied Warranty of Merchantability
"Every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable."
Civil Code Section 1792.3 - No Disclaimer of Implied Warranties
"No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on an 'as is' or 'with all faults' basis where the provisions of this chapter affecting 'as is' or 'with all faults' sales are strictly complied with."
Civil Code Section 1792.4 - Strict Requirements for AS-IS Sales
AS-IS sales are only valid if: (1) the buyer inspects the goods or is given opportunity to inspect, (2) the buyer expressly agrees in writing that goods are "as is" or "with all faults," AND (3) these provisions are set forth in conspicuous language in a writing signed by the buyer. Even then, this only applies to used consumer goods and the disclaimer must be prominent.
Civil Code Section 1794 - Remedies for Breach
If a seller breaches implied warranties, the buyer can recover: (1) actual damages (refund, repair costs, consequential damages), (2) for willful violations, a civil penalty of up to two times actual damages, and (3) attorney fees and costs.
What Makes AS-IS Disclaimers Void in California?
Most "AS IS" disclaimers fail because sellers don't follow all the strict requirements:
- New goods cannot be sold AS-IS - Section 1792.4 only permits AS-IS for used goods
- No separate signed writing - Boilerplate on receipts doesn't count
- No opportunity to inspect - Online purchases especially problematic
- Not conspicuous - Small print buried in terms doesn't qualify
- Goods not truly "as is" - If seller made any representations about condition, AS-IS fails
🚫 Common Invalid Disclaimers
These warranty disclaimers are VOID in California:
- "All sales final - no warranty expressed or implied"
- "Sold AS IS with all faults" (on new goods)
- "No returns, no refunds, no warranty"
- "Buyer assumes all risk" (on receipt)
- "This product is sold without any warranty"
💡 Key Case Law
Mexia v. Rinker Boat Co. (2009) - California Court of Appeal held that implied warranties under Song-Beverly cannot be disclaimed and run directly from manufacturer to consumer, even without privity of contract. The court emphasized California's strong public policy against warranty disclaimers.
💰 Damages You Can Recover
When a seller wrongly invokes an AS-IS disclaimer to deny warranty claims, California law provides substantial remedies.
| Damage Type | Description |
|---|---|
| Refund/Replacement | Full purchase price or replacement of the defective product |
| Repair Costs | Cost to repair the defect if you chose to fix it |
| Consequential Damages | Additional losses caused by the defect (e.g., property damage, lost income) |
| Incidental Damages | Costs of dealing with the breach (shipping, inspection fees, etc.) |
| Civil Penalty (2x Damages) | Up to double actual damages for willful warranty violations |
| Attorney Fees | Prevailing consumers recover legal costs under Song-Beverly |
Sample Damages Calculation
📊 Example: Defective Electronics Sold "AS IS"
Consumer purchased $800 laptop from retailer. Product failed within 2 weeks. Seller claimed "AS IS" on receipt.
💡 Why Sellers Should Think Twice
An $800 warranty dispute can become an $8,000+ liability when civil penalties and attorney fees apply. The one-way fee-shifting in Song-Beverly makes it economically viable to pursue even moderate claims. This leverage encourages sellers to honor warranty claims rather than hide behind void "AS IS" disclaimers.
📝 Sample Language
Copy and customize these paragraphs for your demand letter. Each addresses different aspects of challenging an illegal AS-IS disclaimer.
📄 Full Sample Demand Letter
Below is a complete demand letter template for challenging an illegal AS-IS warranty disclaimer. Replace the bracketed placeholders with your specific information.
[Your Address]
[City, State ZIP]
[Your Email]
[Your Phone]
[SELLER/COMPANY NAME]
Attn: Customer Service / Legal Department
[Seller Address]
[City, State ZIP]
Purchase Date: [PURCHASE DATE]
Product: [PRODUCT DESCRIPTION]
Amount: $[AMOUNT]
Order/Receipt Number: [ORDER NUMBER]
Dear [SELLER NAME]:
I am writing to formally demand a refund of $[AMOUNT] for a defective [PRODUCT] purchased from your [STORE/WEBSITE] on [PURCHASE DATE]. Your refusal to honor this warranty claim based on an "AS IS" disclaimer is invalid under California law, and I demand you cure this breach immediately.
FACTS OF THE TRANSACTION
On [PURCHASE DATE], I purchased a [PRODUCT DESCRIPTION] from your business for $[AMOUNT]. [DESCRIBE THE DEFECT: e.g., "Within [X] days/weeks of purchase, the product failed to function properly. Specifically, [describe defect - "it does not power on," "the display is defective," "it overheats and shuts down," etc.]."]
When I contacted your [store/customer service] on [DATE] to request a refund or replacement, your representative [NAME IF KNOWN] refused, stating that the product was sold "AS IS" and therefore no warranty applies. This position is incorrect under California law.
YOUR AS-IS DISCLAIMER IS VOID UNDER CALIFORNIA LAW
California Civil Code Section 1792 provides that every retail sale of consumer goods in California is accompanied by an implied warranty of merchantability. Section 1792.3 explicitly states that this implied warranty "shall not be waived." Your AS-IS disclaimer is void for the following reasons:
[SELECT APPLICABLE REASONS:]
1. New Product: Civil Code Section 1792.4 permits AS-IS sales only for used consumer goods. This was a new product, and AS-IS disclaimers are categorically prohibited.
2. No Signed Writing: Section 1792.4(a) requires AS-IS disclaimers to be in "conspicuous language contained in a writing signed by the buyer." Boilerplate language on a receipt does not satisfy this requirement.
3. No Inspection Opportunity: Section 1792.4(a) requires that the buyer examine the goods or refuse to examine them. [For online purchases: "This was an online purchase where no inspection was possible."]
4. Representations Made: You represented this product as [e.g., "fully functional," "like new," "tested working"]. These representations are inconsistent with an AS-IS sale and constitute express warranties that cannot be disclaimed.
DEMAND
Pursuant to the Song-Beverly Consumer Warranty Act (Civil Code 1790 et seq.), I demand the following within 30 days of your receipt of this letter:
1. Full refund of $[AMOUNT] to my original payment method; OR
2. Replacement with a new, non-defective product of equal or greater value
Additionally, I demand reimbursement of $[AMOUNT] for [consequential damages - describe any additional costs incurred].
CONSEQUENCES OF NON-COMPLIANCE
If you fail to provide an appropriate remedy within 30 days, I will pursue all available legal remedies, including:
- Filing a lawsuit in California Superior Court or Small Claims Court
- Seeking actual damages (refund plus consequential damages)
- Civil penalties of up to TWO TIMES actual damages for willful violation (Civil Code 1794(c))
- Attorney fees and costs (Civil Code 1794(d))
- Reporting to the California Attorney General and consumer protection agencies
Given California's one-way attorney fee provision, your litigation exposure significantly exceeds the cost of honoring this warranty claim. I urge you to resolve this matter promptly.
Please contact me at [EMAIL] or [PHONE] within 30 days to arrange the refund.
Sincerely,
[YOUR NAME]
Enclosures:
- Copy of receipt/proof of purchase
- Photos of defective product
- Copies of communications with seller
- [Other supporting documents]
📩 Sending Instructions
- Send via USPS Certified Mail, Return Receipt Requested - This provides proof of delivery
- Keep a copy of everything you send
- Also send via email to create an electronic record
- Save the green card when it returns with the signature
- Mark your calendar - Day 30 is the deadline for their response
🚀 Next Steps
After sending your demand letter, here's what to expect and how to proceed.
Expected Timeline
Days 1-7
Seller receives letter and reviews with customer service or legal
Days 7-21
Review period - seller may contact you to negotiate or request information
Days 21-30
Response deadline - seller should provide remedy or written response
Day 31+
If no response, proceed with legal action and agency complaints
If They Pay
- Verify the amount - Ensure full refund plus any agreed consequential damages
- Keep records - Save proof of payment and all correspondence
- Return the product - If required, return in current condition
If They Don't Respond or Refuse
-
Small Claims Court (up to $12,500)
California small claims is fast and doesn't require an attorney. File in the county where you made the purchase or where the seller does business. Filing fee is $30-$75.
-
Superior Court (over $12,500 or seeking attorney fees)
For larger claims or to recover attorney fees, file in Superior Court. Many attorneys take Song-Beverly cases on contingency because of the fee-shifting provision.
-
Credit Card Chargeback
If you paid by credit card, dispute the charge. Attach your demand letter and explain the seller is invoking a void warranty disclaimer.
-
Consumer Protection Agencies
File complaints with the California Attorney General (oag.ca.gov), Bureau of Automotive Repair (if vehicle), and Better Business Bureau.
Need Legal Help?
Warranty disputes involving AS-IS disclaimers can be complex. Get a 30-minute strategy call with an attorney to evaluate your case and discuss the best path forward.
Book Consultation - $125California Resources
- CA Attorney General Consumer Protection: oag.ca.gov/consumers
- CA Dept. of Consumer Affairs: dca.ca.gov
- California Courts Self-Help: courts.ca.gov/selfhelp
- Small Claims Court Guide: courts.ca.gov/selfhelp-smallclaims
- State Bar Lawyer Referral: calbar.ca.gov
⚠ Statute of Limitations
Song-Beverly warranty claims must generally be filed within 4 years of the breach. However, don't delay - the sooner you act, the stronger your case. Evidence becomes harder to gather and sellers may claim the defect developed after purchase.
👥 When to Hire a Consumer Rights Attorney
Implied warranty cases vary in complexity based on the product, the seller's response, and the state's law. Here's when to handle it yourself versus when legal help is worthwhile.
Handle It Yourself When:
✓ Small Purchase Price
Product cost under $500 and a demand letter may prompt a refund or replacement
✓ Seller Is Responsive
Seller acknowledges the defect and is willing to negotiate a resolution
✓ Clear Evidence
You have the receipt, the defective product, and documentation of the problem
✓ Simple Defect
Obvious malfunction that doesn't require expert testimony to prove
Hire an Attorney When:
⚠ High-Value Purchase
Vehicle, appliance, or other purchase exceeding $2,000 with significant damages
⚠ Seller Claims "As-Is" Defense
Seller hiding behind invalid "as-is" disclaimer - attorney can challenge it under state law
⚠ Song-Beverly Act Applies (CA)
New consumer goods in California - statutory remedies include civil penalty of 2x damages
⚠ Seller Refuses to Respond
No response to demand letter or seller disputes your claim entirely
⚠ Consequential Damages
Defect caused additional harm (injury, property damage, lost income)
Benefits of Attorney Representation
- Fee-Shifting (CA): Song-Beverly Act requires seller to pay attorney fees if you prevail
- Civil Penalty (CA): Willful violations can result in 2x actual damages penalty
- Expert Coordination: Complex defects may require expert testimony that attorneys can arrange
- Leverage: Sellers take attorney letters more seriously and often settle quickly
- Full Damages: Attorneys ensure you recover repair costs, replacement value, and consequential damages
Not Sure If You Need an Attorney?
Take our quick assessment to get a personalized recommendation for your implied warranty situation.
Take Free Assessment💡 Contingency Representation Available
Many consumer attorneys work on contingency for warranty claims. In California, the fee-shifting provision means viable Song-Beverly cases often cost you nothing out of pocket.