The Song-Beverly Consumer Warranty Act is California's lemon law. It requires manufacturers to repair defects covered by a warranty and, if they cannot after a reasonable number of attempts, to buy back or replace the product, often paying the consumer's attorney fees.
Written by Babak Hashemi, Esq.The Song-Beverly Consumer Warranty Act is California's lemon law. It requires manufacturers to repair defects covered by a warranty and, if they cannot after a reasonable number of attempts, to buy back or replace the product, often paying the consumer's attorney fees.
The Song-Beverly Consumer Warranty Act is the California law most people know as the lemon law. It protects buyers and lessees of products sold with a warranty, most often vehicles.
If a covered defect cannot be fixed after a reasonable number of repair attempts, the manufacturer must repurchase or replace the product, and it typically must pay the consumer's attorney fees.
The Act applies to new vehicles and certain used vehicles still under the manufacturer's warranty, as well as many other consumer goods sold with a warranty in California.
It enforces both express warranties, the promises a manufacturer makes, and implied warranties, the baseline guarantee that a product works as it should.
When a manufacturer cannot repair a defect, remedies can include a refund or buyback, a replacement vehicle or product, and additional civil penalties when the violation is found to be willful.
Critically, the law shifts attorney fees to the manufacturer on a successful claim, which is why most consumers pay nothing out of pocket.
Keep every repair order, invoice, and piece of correspondence, and document each time you present the product for the same problem. That record is what proves a reasonable number of repair attempts.
Strong documentation makes the difference between a quick resolution and a drawn-out dispute.
This article is general information, not legal advice, and outcomes depend on the facts. To find out whether the Song-Beverly Act applies to your situation, contact The Hashemi Law Firm for a no fee case evaluation.
The Act requires a losing manufacturer to pay the consumer's reasonable attorney fees. Without that provision, the cost of pursuing a warranty claim would often exceed the value of the vehicle.
This is the practical reason most California consumers can pursue a claim without paying legal fees out of pocket.
Although vehicles dominate lemon law claims, the Song-Beverly Act reaches consumer goods generally when they are sold with a warranty in California.
Appliances, electronics, and other durable goods can fall within it, though the remedies most people encounter involve motor vehicles.
Learn more about our Song-Beverly Act claims practice, or read related articles on our blog.
The Hashemi Law Firm represents clients throughout California from two Orange County offices — Foothill Ranch and Costa Mesa — with service across the San Francisco Bay Area and the Inland Empire and San Diego. Call (949) 464-8529 or contact us for a no fee case evaluation.
Every situation is different. For advice about your specific matter, contact The Hashemi Law Firm for a no fee consultation.
It requires manufacturers to honor express and implied warranties and, when a covered defect cannot be repaired after a reasonable number of attempts, to repurchase or replace the product.
The Act contains a fee-shifting provision under which a manufacturer that loses generally pays the prevailing consumer's reasonable attorney fees and costs.
California's lemon law is part of the Song-Beverly Act. The Act is broader and covers consumer goods generally, while the lemon law provisions address vehicles.
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