Song–Beverly Consumer Warranty Act: California’s Lemon Law Explained
What’s the Issue?
Consumers often assume warranties are all you need—until your new vehicle spends more time in the shop than on the road. California’s Song–Beverly Consumer Warranty Act exists precisely to prevent that: ensuring defective goods, especially vehicles, don’t leave you stuck with lost time, value, or safety.
What the Law Is
Enacted in 1970, the Song–Beverly Act provides strong consumer protections for goods—particularly vehicles—covered by a manufacturer’s warranty. These protections include both express and implied warranties of merchantability. Importantly, the law applies to both buyers and lessees of new vehicles in California.
What Qualifies as a “Lemon”?
If a new vehicle has a substantial defect covered by warranty that remains unresolved after a “reasonable number” of repair attempts, you’re protected. Under the Tanner Consumer Protection Act (part of Song–Beverly):
4 attempts to repair a non-safety issue, or
2 attempts to fix defects that could cause serious injury or death, or
Repairs totaling 30+ days out of service—all within 18 months or 18,000 miles—can trigger the presumption that the vehicle is a lemon.
Consumer Remedies
California law gives you the right to demand:
Refund of the purchase or lease price (or remaining payments),
Replacement with a comparable vehicle, or
Repurchase by the manufacturer.
If you're the lessee, you're entitled to a lease termination, refund of lease payments, and possible incidental cost reimbursement (e.g., rental cars, towing).
Why It Matters
This Act doesn't just protect your purchase—it enforces real accountability:
It sets a standard for “merchantability”—goods must work as expected.
Strong consumer remedies are built in, including attorney’s fees if you prevail.
It even applies to certain used vehicles still under a new vehicle warranty.
How to Assert Your Rights
Keep detailed records—every repair attempt, work order, and communication matters.
Track repair attempts and days out of service to meet the “reasonable number” threshold.
Invoke the presumption by filing for arbitration or litigation once the presumption is met. You’re not required to go to court first.
If you win, you’re likely entitled to:
A refund or replacement,
Reimbursement for additional expenses, and
Attorney’s fees—meaning you pay nothing unless you win.
Beyond Vehicles
Though most well-known in car-related cases, Song–Beverly also protects other consumer goods purchased for personal, family, or household use—like electronics and appliances—as long as they’re under warranty.
The Song–Beverly Act is among California’s most powerful consumer protections. It ensures that if your new vehicle—or other warranted product—fails to meet expectations, you’re not left bearing the cost. Whether you’re buying or leasing, the law provides structured, enforceable paths to get you a refund or replacement—without extra legal costs to you.