The Song-Beverly Act is California’s powerful consumer warranty law. Our attorneys enforce it against manufacturers — often with fees paid by the manufacturer.
The Song-Beverly Consumer Warranty Act is the backbone of California’s lemon law and consumer warranty protections. It holds manufacturers accountable for defective products and frequently requires them to pay the consumer’s attorney’s fees.
Enacted to protect California consumers, the Song-Beverly Act requires manufacturers to stand behind their products. For vehicles, it is the foundation of the state’s lemon law, requiring buybacks or replacements when a manufacturer cannot repair a warranty defect after a reasonable number of attempts. For other consumer goods, it enforces implied warranties of merchantability and fitness.
One of the Act’s most important features is its fee-shifting provision: a consumer who prevails is generally entitled to recover reasonable attorney’s fees and costs from the manufacturer. This is what allows consumers to enforce their rights without paying upfront — and what makes manufacturers take these claims seriously.
Buying a used vehicle? See used car lemon law in California.
It is California’s primary consumer warranty law. It requires manufacturers to honor express and implied warranties, forms the basis of the state’s lemon law for vehicles, and allows prevailing consumers to recover attorney’s fees from the manufacturer.
California’s lemon law is part of the Song-Beverly Act. The Act’s vehicle provisions require manufacturers to repurchase or replace vehicles they cannot repair after a reasonable number of warranty repair attempts.
In most qualifying cases, no. The Act includes a fee-shifting provision requiring the manufacturer to pay a prevailing consumer’s reasonable attorney’s fees and costs, which is why we typically take these cases at no upfront cost.
Yes. The Act can apply to used vehicles still under warranty and to a range of consumer goods covered by express or implied warranties, not just new cars.
Remedies under the Song-Beverly Act include a repurchase (buyback) of the vehicle, a replacement vehicle, or a cash settlement, plus reimbursement of incidental costs such as towing and rental expenses. When a manufacturer’s violation is found to be willful, the Act also allows a civil penalty of up to two times your actual damages.
The Song-Beverly Act contains a fee-shifting provision: a manufacturer that loses generally must pay the prevailing consumer’s reasonable attorney fees and costs. That is why most California consumers pursue a Song-Beverly claim with no legal fees out of pocket.
The Act covers consumer goods sold with a warranty in California, most commonly new and certain used vehicles still under the manufacturer’s warranty. It enforces both express warranties and the implied warranty of merchantability.
The Tanner Act is the part of the Song-Beverly Act that applies specifically to new motor vehicles. It creates the presumption that a vehicle is a lemon once certain repair-attempt or out-of-service thresholds are met.
A presumption applies within 18 months or 18,000 miles after two attempts for a defect likely to cause serious injury, four attempts for other substantial defects, or 30 or more cumulative days out of service.
Where a manufacturer willfully fails to comply, the Act allows a civil penalty of up to two times the amount of actual damages, in addition to the buyback or replacement.
Assembly Bill 1755 and Senate Bill 26 changed the procedure for bringing vehicle claims — notice and deadlines — not the substantive right to a refund or replacement. Which rules apply depends on whether the manufacturer opted in.
Yes. The Act protects both buyers and lessees of vehicles sold with a manufacturer’s warranty in California.
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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