Warranty Claims FAQ

The Song-Beverly Consumer Warranty Act, codified in California Civil Code Sections 1790-1795.8, is often called California's "Lemon Law" for consumer goods and provides some of the strongest warranty protections in the United States. This landmark legislation requires manufacturers and retailers who sell consumer goods with express warranties to maintain sufficient service and repair facilities in California to carry out the terms of those warranties.

Under Song-Beverly, if a manufacturer or retailer is unable to repair a product to conform to the applicable warranty after a reasonable number of attempts, the consumer may elect to receive either a replacement product or a refund of the purchase price, minus a reasonable allowance for use. The Act also provides that manufacturers must reimburse consumers for incidental damages including towing charges and rental car costs when applicable.

Importantly, Song-Beverly provides for the recovery of attorney's fees and costs for prevailing consumers, making it financially feasible to pursue warranty claims. Willful violations can result in a civil penalty of up to twice the amount of actual damages.

Under California law, express warranties and implied warranties serve different protective functions for consumers. An express warranty is an explicit promise made by the manufacturer or seller about the product's quality, performance, or condition. Express warranties can be created through written statements, descriptions of the goods, samples or models, or any affirmation of fact that becomes part of the basis of the bargain. These warranties are governed by California Commercial Code Section 2313 and can include manufacturer's written warranties, advertising claims, and salesperson's representations.

Implied warranties, on the other hand, arise automatically by operation of law under California Civil Code Section 1791.1. The implied warranty of merchantability guarantees that goods are fit for their ordinary purpose and meet reasonable quality standards. The implied warranty of fitness for a particular purpose applies when the seller knows the buyer's specific intended use and the buyer relies on the seller's expertise.

Under Song-Beverly, implied warranties cannot be waived or disclaimed on new consumer goods in California, providing crucial baseline protection regardless of what written warranties say.

Under California's Song-Beverly Consumer Warranty Act, a manufacturer must be given a "reasonable number of attempts" to repair a defective product before you can demand a refund or replacement. While the statute does not specify an exact number, California Civil Code Section 1793.22 creates a presumption that a reasonable number of attempts has been made when:

• The same nonconformity has been subject to repair four or more times without success
• The product has been out of service for repair for a cumulative total of more than 30 calendar days
• For new motor vehicles, the same serious safety defect has been subject to repair two or more times

It's important to document every repair attempt thoroughly, including dates, descriptions of the problem, and what work was performed. Keep all receipts and repair orders. The 30-day out-of-service calculation counts only days the product was actually unavailable to you, not just when repairs were being performed.

If you believe a reasonable number of attempts has been made, send a written demand to the manufacturer citing Civil Code Section 1793.2 and requesting either a replacement or refund.

California law strictly limits a seller's ability to disclaim or limit implied warranties, providing consumers with protections that exceed federal standards. Under California Civil Code Section 1793, any waiver of the implied warranty of merchantability or fitness for a particular purpose on new consumer goods is unenforceable against the consumer. This means that "as-is" disclaimers and warranty limitation clauses that might be valid in other states are void in California for new consumer products.

For used goods, the situation is slightly different. Civil Code Section 1795.5 provides that implied warranties on used goods can be limited in duration to 60 days or 90 days depending on the circumstances, but they cannot be completely eliminated. Importantly, the limitation must be clear, conspicuous, and in writing. Any attempt by a retailer to sell used goods "as-is" with no implied warranty is generally unenforceable if the seller provides any written express warranty.

The California Consumer Legal Remedies Act also prohibits representing that goods have characteristics or qualities they do not have, which overlaps with warranty protections. Courts interpret these consumer protection provisions liberally in favor of consumers.

California law provides comprehensive remedies for warranty breaches, making it worthwhile to pursue legitimate claims. Under the Song-Beverly Consumer Warranty Act (Civil Code Section 1794), consumers who prevail in warranty claims can recover:

• The actual price paid for the goods (or a replacement at no charge)
• Incidental damages including costs of shipping, inspections, storage, and other expenses reasonably incurred
• Consequential damages such as lost profits or personal injury caused by the defective product
• Attorney's fees and court costs
• For willful violations, a civil penalty of up to two times the amount of actual damages

This penalty provision is crucial because it makes manufacturers think twice before stonewalling legitimate warranty claims. To maximize your recovery, maintain detailed records of all communications with the manufacturer, document any additional expenses you incur, and keep track of time the product was unavailable.

Consider consulting with a consumer rights attorney, as the attorney's fees provision means representation may be available on a contingency basis.

The duration of implied warranties in California is tied to express warranty periods and cannot be arbitrarily shortened by manufacturers. Under California Civil Code Section 1791.1, implied warranties on new consumer goods last for the duration of any express warranty made by the manufacturer, distributor, or retailer. If no express warranty is provided, the implied warranty of merchantability lasts for a reasonable time based on the nature of the goods and the circumstances of the sale.

California courts have interpreted "reasonable time" based on the expected useful life of the product, the purchase price, and industry standards. Importantly, Civil Code Section 1793 prohibits any limitation on the duration of an implied warranty to less than 60 days on new consumer goods, and any such limitation must be set forth in clear and unmistakable language prominently displayed on the face of the warranty document.

For products with longer express warranties, the implied warranties extend for that entire period. This is significant because if a manufacturer offers a one-year express warranty, the implied warranties also last at least one year, even if the express warranty contains a durational limitation on implied warranties. Such limitations are simply unenforceable in California.

Proper documentation is essential for successfully pursuing warranty claims under California law. Follow these steps to protect your rights:

First, retain all proof of purchase including the original receipt, credit card statement, or any other documentation showing when and where you bought the product and how much you paid. Keep all original packaging, manuals, and warranty cards.

Second, document the defect thoroughly by taking photos or videos of the problem, noting when it first appeared, and writing down specific details about how the product is failing to perform as warranted.

Third, report the problem to the manufacturer or authorized service center in writing, keeping copies of all correspondence. Send important letters by certified mail with return receipt requested.

Fourth, allow the manufacturer reasonable opportunity to repair under Civil Code Section 1793.2, but track the number of repair attempts and cumulative days out of service. Request copies of all repair orders.

Fifth, if repairs are unsuccessful after a reasonable number of attempts, send a formal demand letter citing the Song-Beverly Act and requesting a refund or replacement. Give the manufacturer at least 30 days to respond before taking legal action.

The Song-Beverly Consumer Warranty Act provides modified protections for used and refurbished products purchased in California. Under Civil Code Section 1795.5, when a distributor or retail seller makes an express warranty on used or refurbished consumer goods, the implied warranty of merchantability and implied warranty of fitness for a particular purpose apply to that sale.

However, unlike new goods, the duration of these implied warranties can be limited:

• For used goods with an express warranty of less than 90 days, the implied warranty can be limited to the duration of the express warranty but not less than 60 days
• For used goods with express warranties between 90 days and one year, the implied warranty can be limited to 90 days
• For used goods with express warranties exceeding one year, the implied warranty can be limited to one year

Importantly, these limitations must be clearly disclosed in writing. If a seller of used goods provides no express warranty at all and makes the sale clearly "as-is," the implied warranties may not apply, but any such disclaimer must be conspicuous and unambiguous. Refurbished products sold by manufacturers typically carry full Song-Beverly protections if sold with an express warranty.

The implied warranty of fitness for a particular purpose is a powerful consumer protection that arises under specific circumstances and is codified in California Civil Code Section 1791.1 and California Commercial Code Section 2315. This warranty is created when the seller has reason to know the particular purpose for which the goods are required, and the buyer relies on the seller's skill or judgment to select suitable goods.

Unlike the implied warranty of merchantability, which guarantees goods are fit for their ordinary purpose, the fitness warranty addresses special or particular uses that may exceed ordinary expectations. For example, if you tell a salesperson you need a tent for extreme winter camping and they recommend a specific model, the fitness warranty guarantees that tent will be suitable for extreme winter conditions, even if ordinary tents would not be.

To invoke this warranty, you must prove three elements: the seller knew or had reason to know of your particular purpose; you relied on the seller's expertise in selecting the product; and the product failed to meet that particular purpose. This warranty cannot be disclaimed on new consumer goods in California. Document any conversations with salespeople about your intended use, and follow up verbal discussions with written confirmation.

When a manufacturer wrongfully refuses to honor a warranty in California, you have several escalation options under the law. First, ensure you have sent a formal written demand letter citing the specific warranty provisions and California Civil Code Sections 1793.2 and 1794, giving the manufacturer 30 days to respond.

If they still refuse, file a complaint with the California Department of Consumer Affairs, which can investigate and mediate warranty disputes. You can also report the company to your local District Attorney's Consumer Protection Unit and the California Attorney General's Office.

For monetary recovery, California Small Claims Court allows claims up to $12,500 and is an excellent venue for warranty disputes because you don't need an attorney and the process is relatively quick. Prepare your case by organizing all documentation including purchase receipts, warranty documents, repair records, and correspondence.

For claims exceeding small claims limits, or if you want to pursue the attorney's fees and civil penalties available under Song-Beverly, consult with a consumer rights attorney. Many take warranty cases on contingency because the Act provides for attorney's fee recovery. You may also consider filing a complaint with the Better Business Bureau or posting factual reviews online, which can motivate manufacturers to resolve disputes.