Song-Beverly Consumer Warranty Act, otherwise known as California Lemon Law, is a state law that defines the main obligations of consumer goods manufacturers, covered by implied and express warranties. Song-Beverly Consumer Warranty Act can be found in CA Civil Code Section 1790-1795.8.
The Act applies to all consumer goods that are sold at retail in the state of California and are covered by implied or written express warranties.
Particularly, it states that every sale of consumer goods at retail in California must be accompanied by;
- implied warranty of merchantability,
- implied warranty of fitness, if the goods are required for a particular purpose and the buyer is relying on the manufacturer’s skill or judgment to select or furnish suitable goods.
This means that when you purchase consumer goods in the state of California, the retailer by default guarantees you that the product is in order, adequately contained, packaged, and labeled and meets the promises or affirmations found on the label or container. /Merchantability/
If the good you purchase is designed for a particular purpose and specific consumer needs, then the retailer also guarantees you that the product is specifically fit for your consumer needs. /Fitness/
These statements are always true unless the consumer goods are sold on an “as is” or “with all faults” basis.
Most of the manufacturers also provide express warranties for their consumer goods, which is a different case.
Express warranty is a written statement of the manufacturer, retailer or distributor to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance.
The Song-Beverly Consumer Warranty Act states that if a manufacturer has provided express warranty for its consumer goods then he must maintain sufficient service and repair facilities in the state of California OR authorize independent repair and service facilities to carry out the terms of those warranties.
So, in regards with new motor vehicles sold in the state of California, the Song-Beverly Consumer Warranty Act requires that if the manufacturer / or its representative/ is unable to repair the vehicle in order to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer must either replace the new motor vehicle or make restitution to the buyer in the form of purchase refund.
To better understand the framework of California Lemon Law, we advise you to read more on;
- Reasonable Number of Repair Attempts /Tanner Consumer Protection Act/
- Refund or Replacement.