Song-Beverly Consumer Warranty Act

The Song-Beverly Consumer Warranty Act, found at California Civil Code section 1790 and following, is California's main law on warranties for consumer goods. It is best known as the California lemon law for new vehicles, but it also covers other consumer products sold with a warranty, and it creates implied warranties that goods are fit for ordinary use.

For vehicles, the core rule is that if the manufacturer or its dealers cannot fix a warranty defect after a reasonable number of attempts, the manufacturer must replace the vehicle or refund the price, minus an offset for use before the first repair. A buyer who wins can recover damages plus attorney's fees and costs, which is why many attorneys take these cases without an upfront charge.

The law adds a penalty for bad-faith conduct. Under Civil Code section 1794(c), if the buyer proves the failure to comply was willful, the judgment may include a civil penalty of up to two times the buyer's actual damages. That penalty does not apply in class actions or to claims based solely on implied warranty, which is one reason Song-Beverly vehicle claims are usually brought individually.

Keep every repair order, because the count and dates of repair attempts are the heart of a lemon law claim. Deadlines and some procedures have changed in recent years, so check current rules. See our explainers on the lemon law and the Magnuson-Moss Warranty Act, and our page on Volkswagen oil consumption claims.