Sold a defective product the seller won’t honor? Our California consumer warranty attorneys enforce your rights under express and implied warranties.
When you buy a product, the law gives you certain warranty protections — even when they aren’t written down. If a manufacturer or seller refuses to honor a warranty on a defective product, you may be entitled to a refund, replacement, or damages.
California consumers are protected by both express warranties (the promises a seller makes) and implied warranties (guarantees built into the sale by law, such as the implied warranty of merchantability that a product will work as intended). When a product fails and the seller or manufacturer won’t make it right, that can be a breach of warranty.
The Song-Beverly Consumer Warranty Act strengthens these protections for California buyers, and in many cases shifts responsibility for attorney’s fees to the manufacturer. We help consumers enforce these rights and hold sellers accountable.
Buying a used vehicle? See used car lemon law in California.
Lemon Law · Song-Beverly Act Violations · Products Liability & Warranty
An implied warranty is a guarantee created automatically by law when you buy a product, even if nothing is written down. The most common is the implied warranty of merchantability, which means the product must work as a product of its kind reasonably should.
Depending on the case, you may be entitled to a refund, a replacement, repair costs, or other damages. Under the Song-Beverly Act, the manufacturer may also be responsible for your attorney’s fees.
No. While vehicles are common, warranty protections apply to many consumer goods, including electronics, appliances, and other products that fail to perform as promised.
It depends on the type of warranty and claim, but breach of warranty claims in California are often subject to a four-year statute of limitations. It is best to consult an attorney promptly to protect your rights.
It is a claim that a product failed to meet the terms of an express or implied warranty. California’s Song-Beverly Act gives consumers strong remedies when a warranted product cannot be repaired.
An express warranty is a specific promise the seller or manufacturer makes about a product. An implied warranty is created by law — primarily that a product is fit for ordinary use — even if nothing was said.
The Song-Beverly Act covers most consumer goods sold with a warranty, including vehicles, electronics, and appliances. Coverage depends on the warranty and how the product was sold.
Depending on the product and warranty, remedies can include repair, replacement, or a refund, and where the law provides, the manufacturer may pay your attorney fees.
It can, when a used product is still covered by a manufacturer’s warranty or was sold with a written warranty. How the item was sold, including ‘as is’ sales, affects coverage.
In many California warranty claims the manufacturer pays the prevailing consumer’s attorney fees under the Song-Beverly Act’s fee-shifting provision, so consumers often pay nothing out of pocket.
Warranty claims in California are generally subject to a four-year limitations period, though the specifics depend on the warranty and when the defect appeared. It is best to confirm early.
They overlap. Vehicle warranty claims are often brought under the same Song-Beverly Act as lemon law claims. See our lemon law and Song-Beverly pages for vehicle-specific detail.
From our offices in Orange County, Costa Mesa, the Bay Area, and the Inland Empire, The Hashemi Law Firm represents clients throughout California, including:
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