📋 Understanding Warranty Breach
When you purchase a product in California, you receive important warranty protections under both state and federal law. A warranty breach occurs when a manufacturer, distributor, or retailer fails to honor the promises made about a product - either explicit promises (express warranties) or legally implied guarantees (implied warranties).
Express vs. Implied Warranties
California law recognizes two main types of warranties:
📝 Express Warranties
Written or verbal promises made by the seller about the product's quality, features, or performance. Includes manufacturer warranties, extended warranties, and sales representations.
📜 Implied Warranties
Automatic guarantees under California law that products are fit for ordinary use (merchantability) and for any particular purpose the seller knows you need (fitness for purpose).
Common Warranty Breach Scenarios
🔧 Manufacturer Refuses to Honor Warranty
▼The most common warranty breach occurs when a manufacturer denies a valid warranty claim. This may happen when:
- They claim the defect isn't covered (when it clearly is)
- They allege "user error" or "misuse" without evidence
- They claim the warranty has expired when it hasn't
- They require unreasonable conditions not in the warranty
- They refuse to respond to warranty requests entirely
🔄 Failed Repair Attempts
▼Under Song-Beverly, if repairs don't fix the problem after a "reasonable number of attempts," you're entitled to a replacement or refund. Breach occurs when:
- Multiple repair attempts fail to fix the same problem
- Product is out of service for more than 30 days total
- Repairs create new problems or damage
- Manufacturer delays repairs unreasonably
- Replacement parts are unavailable or on indefinite backorder
❌ Product Doesn't Match Promises
▼Express warranty breach occurs when the product fails to conform to representations made at the time of sale:
- Product doesn't have advertised features or specifications
- Performance falls short of stated capabilities
- Quality doesn't match samples or descriptions shown
- Product label claims are false or misleading
- Salesperson's verbal promises aren't fulfilled
💥 Implied Warranty of Merchantability Breach
▼Under California Commercial Code Section 2314, products must be fit for their ordinary purpose. Breach occurs when:
- Product fails to work for its basic intended purpose
- Product breaks down shortly after purchase
- Quality is substantially below what's reasonable for the price
- Product has hidden defects that render it useless
- Product poses safety hazards during normal use
👍 California's Strong Consumer Protections
- Song-Beverly Act - Manufacturers must repair, replace, or refund within 30 days
- Civil penalty - Up to 2x actual damages for willful violations
- Attorney fees - Prevailing consumers can recover legal costs
- Can't disclaim implied warranties - "As is" doesn't apply to new consumer goods
⚠ Statute of Limitations
In California, you have 4 years from the date of delivery to bring a warranty breach claim under the Commercial Code. For Song-Beverly claims, the limitation is generally 4 years from the breach. For Magnuson-Moss federal claims, the statute of limitations from your state applies. Don't delay - evidence and memories fade over time.
⚖ Legal Basis
California provides multiple overlapping legal frameworks to protect consumers from warranty breaches. Understanding these laws strengthens your demand letter and potential lawsuit.
Key California Warranty Laws
Song-Beverly Consumer Warranty Act (Civil Code 1790-1795.8)
California's primary consumer warranty statute. Requires manufacturers to maintain service and repair facilities, provide replacement parts for at least 7 years, and repair defective products within 30 days. If repair isn't possible after reasonable attempts, consumer can elect replacement or refund. Willful violations trigger civil penalties of up to two times actual damages.
Magnuson-Moss Warranty Act (15 U.S.C. 2301-2312)
Federal law that regulates consumer product warranties. Requires clear disclosure of warranty terms, prohibits "tying" warranties to specific service providers, and allows consumers to sue in federal court for breach. Importantly, allows recovery of attorney fees and class action suits. Applies to products costing more than $25.
California Commercial Code Section 2314
Creates the implied warranty of merchantability - that goods are fit for their ordinary purpose, adequately packaged, conform to label promises, and are of fair average quality. This warranty exists automatically when a merchant sells goods, even without any written warranty. Cannot be disclaimed for new consumer goods in California.
California Commercial Code Section 2315
Creates the implied warranty of fitness for a particular purpose. If the seller knows the buyer's specific intended use and the buyer relies on the seller's expertise in selecting the product, the seller warrants the product is fit for that particular purpose - even if not its ordinary use.
Song-Beverly Key Requirements
🔧 Repair Within 30 Days
Manufacturer must complete warranty repairs within 30 days unless delay is beyond their control
🔄 Replace or Refund Option
If repair fails after reasonable attempts, buyer can elect replacement or full refund
📦 7-Year Parts Availability
Manufacturers must maintain replacement parts for at least 7 years after production ends
🛠 Service Facility Access
Must maintain service facilities reasonably close to where products are sold in California
What Constitutes a "Willful" Violation?
To recover the 2x civil penalty under Song-Beverly, you must show the manufacturer's violation was "willful." Courts have found willfulness when:
- Knowledge of the defect - Manufacturer knew about the problem from other complaints or internal testing
- Pattern of denials - Systematic denial of valid warranty claims
- Failure to act on known problems - Continuing to sell products with known defects
- Bad faith delays - Deliberately delaying repairs to frustrate consumers
- Misrepresentation - False statements about warranty coverage
💡 "As Is" Sales in California
Under Song-Beverly, sellers cannot disclaim implied warranties on new consumer goods. For used goods, "as is" sales are only valid if the seller complies with specific requirements including conspicuous written disclaimers. Even then, express warranties made by the seller still apply. The Magnuson-Moss Act similarly restricts warranty disclaimers.
⚠ Voiding Your Warranty - What Manufacturers Can't Do
Under the Magnuson-Moss Act, manufacturers cannot void your warranty for using third-party parts or independent repair shops unless they can prove the third-party item caused the defect. The FTC has confirmed this applies to all consumer products. "Warranty void if seal broken" stickers are often unenforceable.
✅ Evidence Checklist
Strong documentation is essential for warranty breach claims. Gather these materials before sending your demand letter. Click items to check them off as you collect them.
📦 Warranty Documents
- ✓ Written warranty card or booklet
- ✓ Extended warranty agreement (if purchased)
- ✓ Warranty registration confirmation
- ✓ Product manual with warranty terms
- ✓ Screenshots of online warranty info
🛒 Purchase Documentation
- ✓ Original receipt or invoice
- ✓ Credit card or bank statement showing purchase
- ✓ Order confirmation email
- ✓ Product serial number and model number
- ✓ Original packaging with UPC code
🔧 Repair Attempt Records
- ✓ Service center work orders
- ✓ Repair invoices and receipts
- ✓ Dates product was dropped off and returned
- ✓ Technician notes or diagnosis reports
- ✓ Parts replaced and their costs
📩 Communications
- ✓ Emails with manufacturer/retailer
- ✓ Chat logs from customer service
- ✓ Phone call logs with dates/times
- ✓ Case numbers from warranty claims
- ✓ Written denial letters from manufacturer
📷 Defect Documentation
- ✓ Photos of the defect or malfunction
- ✓ Video showing the problem
- ✓ Written timeline of when issues started
- ✓ Independent inspection report (if obtained)
📄 Supporting Evidence
- ✓ Similar complaints online (forums, reviews)
- ✓ Recall notices for the product
- ✓ Consumer Reports or similar reviews
- ✓ BBB complaints against manufacturer
🔒 CRITICAL: Keep the Product!
Do NOT throw away, give away, or significantly alter the defective product. It is your most important evidence. Even if you've purchased a replacement, keep the defective item stored safely. The manufacturer may demand to inspect it, and you'll need it if the case goes to court.
💡 Create a Paper Trail
Always communicate with the manufacturer in writing (email is fine). If you call, follow up with an email summarizing the conversation: "This confirms our phone call today where you stated..." This creates evidence of what was promised and when.
💰 Calculate Your Damages
California warranty breach claims can include multiple categories of damages. Understanding what you can recover helps you make an appropriate demand.
| Damage Category | Description |
|---|---|
| Purchase Price | Full refund of the product cost (for breach of warranty) |
| Repair Costs | Out-of-pocket expenses for repairs the warranty should have covered |
| Replacement Costs | Cost of purchasing a replacement product if original cannot be fixed |
| Incidental Damages | Transportation costs, inspection fees, storage costs, communication expenses |
| Consequential Damages | Losses caused by the breach (lost business, property damage from defect) |
| Song-Beverly Civil Penalty | Up to 2x actual damages for willful warranty violations |
| Attorney Fees | Recoverable under both Song-Beverly and Magnuson-Moss if you prevail |
Song-Beverly Civil Penalty
💰 Double or Triple Your Recovery
Under Civil Code Section 1794(c), if the manufacturer's failure to comply with warranty obligations was willful, you can recover a civil penalty of up to two times your actual damages. Combined with attorney fee recovery, this makes even smaller warranty claims economically viable to pursue.
📊 Sample Damages Calculation
Example: Laptop with Repeated Screen Failures
Your Remedies Under Song-Beverly
🔄 Replacement
Manufacturer must provide a new product of equal or greater value at no cost to you
🔧 Repair
Free repair within 30 days; if fails after reasonable attempts, you can demand refund
💵 Full Refund
Complete refund of purchase price if repair/replacement fails or isn't possible
⚖ Attorney Fees
If you prevail, the manufacturer pays your reasonable attorney fees and costs
⚠ Mitigation of Damages
California law requires you to take reasonable steps to minimize your losses. Don't continue using a clearly defective product that's causing additional damage. Don't delay repairs to rack up more damages. Acting reasonably protects your claim and shows good faith.
📝 Sample Demand Letter Language
Use these sample paragraphs as templates for your warranty breach demand letter. Customize the highlighted portions with your specific information.
🚗 California Lemon Law for Vehicles
If your warranty breach involves a new or used vehicle purchased with a dealer warranty, you may have additional rights under California's Lemon Law provisions within the Song-Beverly Act.
What Qualifies as a "Lemon"?
🔧 Multiple Repair Attempts
Generally 2+ attempts for serious safety defects, or 4+ attempts for other substantial defects
📅 30+ Days Out of Service
Vehicle has been in the shop for repairs for 30 or more calendar days (need not be consecutive)
⚠ Safety Defect
Any defect likely to cause death or serious injury if not repaired, with 2 failed repair attempts
📋 Within Warranty Period
Problems must occur within the warranty period or 18 months/18,000 miles, whichever comes first
Lemon Law Coverage
- New vehicles - Full Lemon Law protection under Song-Beverly
- Used vehicles with dealer warranty - Protected under Song-Beverly Section 1795.5
- Leased vehicles - Same protections as purchased vehicles
- Demonstrator vehicles - Treated as new vehicles
- Motorhomes and RVs - Covered (chassis and coach separately)
Lemon Law Remedies
If your vehicle qualifies as a lemon, you can choose:
- Replacement - A new vehicle of the same make and model (or comparable if unavailable)
- Refund (Buyback) - Full purchase price minus a reasonable "use allowance" for miles driven before the first repair attempt
📊 Lemon Law Refund Calculation
Example: Vehicle Buyback
💰 Lemon Law Attorney Fees
Under Lemon Law, if you prevail, the manufacturer must pay your attorney fees. This means most Lemon Law attorneys work on contingency with no upfront cost to you. The manufacturer pays their fees separately from your recovery, so you keep your full refund or replacement value.
⚠ Manufacturer Arbitration Programs
Before filing a Lemon Law lawsuit, check if the manufacturer has a state-certified arbitration program. California law may require you to use this process first if the warranty mentions it. However, the arbitration decision is only binding on the manufacturer - if you lose, you can still go to court.
🚀 Next Steps
What to do after sending your warranty breach demand letter and how to escalate if needed.
Expected Timeline
Days 1-7
Company receives letter, logs complaint, assigns to warranty claims department
Days 7-21
Internal review period; they may contact you for additional documentation
Days 21-30
Response due - expect settlement offer, repair/replacement arrangement, or denial
Day 30+
Deadline expires - if no resolution, proceed with escalation options
If They Refuse or Don't Respond
-
Consult a Consumer Rights Attorney
Many warranty/Lemon Law attorneys offer free consultations and work on contingency. Because Song-Beverly and Magnuson-Moss allow attorney fee recovery, you may pay nothing out of pocket even for complex cases.
-
Small Claims Court (Under $12,500)
California small claims court handles cases up to $12,500 (individuals) or $6,250 (businesses). No attorney needed. Fast resolution. Good for straightforward warranty refunds without the 2x penalty.
-
Superior Court Lawsuit
For larger claims or to pursue the Song-Beverly civil penalty, file in California Superior Court. Magnuson-Moss claims over $50,000 (or with 100+ class members) can be filed in federal court.
-
File Regulatory Complaints
Report the company to the California Attorney General, Department of Consumer Affairs, FTC, and Better Business Bureau. These create public records and may trigger investigations.
-
Credit Card Chargeback
If you paid by credit card and it's been under 60 days since the statement showing the charge, you may be able to dispute the charge under the Fair Credit Billing Act.
Small Claims vs. Superior Court
| Factor | Small Claims | Superior Court |
|---|---|---|
| Maximum Recovery | $12,500 (individuals) | Unlimited |
| Attorney Allowed? | No (self-represented only) | Yes (and fees recoverable) |
| Song-Beverly 2x Penalty | Can request, but limited by cap | Full penalty available |
| Timeline | 30-70 days typically | 1-2 years or more |
| Complexity | Simple, informal | Formal procedures, discovery |
| Best For | Clear-cut warranty refunds | Complex cases, high damages |
Need Legal Help?
Warranty breach cases 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
- Department of Consumer Affairs: dca.ca.gov
- Bureau of Automotive Repair (vehicles): bar.ca.gov
- California Courts Self-Help: courts.ca.gov/selfhelp
- FTC Consumer Protection: consumer.ftc.gov
- State Bar Lawyer Referral: calbar.ca.gov
⚠ Don't Wait Too Long
The statute of limitations for warranty claims is 4 years from delivery (Commercial Code) or from the breach (Song-Beverly). For Lemon Law, act within 18 months or 18,000 miles. Evidence gets lost, memories fade, and repair records disappear. The sooner you act, the stronger your case.