Song Beverly Consumer Warranty Act Overview
The Song Beverly Consumer Warranty Act is a California law that requires manufacturers to refund or replace products that they fail to repair within a certain time frame.
Commonly called lemon laws, the Song Beverly Consumer Warranty Act is the State of California’s consumer protection statute that protects consumers from the one percent of cars that are considered unfixable each year — lemons. Under the Song Beverley Consumer Warranty Act, along with other consumer protection laws, lemons, as well as other defective consumer goods must either be repaired or replaced or the company that sold the good must repurchase the item.
What is Covered by the Act?
The Song Beverly Consumer Warranty Act applies to all consumer goods that cost more than $100 — not just cars — for up to seven years after the product was manufactured. Most commonly, the Act is applied to cars, protecting consumers from spendy, non-functional vehicles. However, it can also be used to claim parts and service for other expensive items, such as electronics.
Clothing, food, and beverages are not covered under the Act.
In essence, consumer goods in California are guaranteed by the retailer to be functional according to the labeling included on the product.
How Does the Act Work?
While the Act includes the word “warranty,” the law also covers certain goods purchased in California outside of their warranty period. A consumer who finds that a consumer good, be it a car or expensive electronic, does not function or needs repair within a certain time frame.
For vehicles, consumers must establish that the car is a lemon. They must provide the auto dealer or manufacturer a certain number of attempts to fix the problem. After doing so, under the Song Beverly Consumer Warranty Act, the vehicle owner can demand a replacement or a refund.
For other consumer goods, the Song Beverly Consumer Warranty Act is a tool to get manufacturers to repair or replace a product within seven years after it is made.
California Lemon Law
As noted above, the Song Beverly Consumer Warranty Act is used by California consumers who purchased a lemon. “Lemons” refer to vehicles that have a defect that make them inoperable, unsafe, or substantially reduce the value, and these vehicles are unable to be fixed.
In order to establish that a vehicle is a lemon, a consumer must be able to establish that the problem became apparent within 18 months after purchase or before the vehicle hit 18,000 miles. The vehicle must have been brought to the dealer or manufacturer for repair and they must have had at least four chances to repair it.
In addition, the owner must establish that their vehicle was out of commission for more than 30 days total.
Those who purchased a lemon in California may be able to use the Song Beverly Consumer Warranty Act to obtain a replacement or refund for their vehicle. In addition, the manufacturer must also repay registration fees, along with taxes and any other fees under the Act.
If necessary, those stuck with a lemon that a manufacturer refuses to refund or replace may use the law to initiate legal action against the manufacturer. In fact, more than 30,000 complaints have been filed against automakers each year since 2015, according to the Northern California Record. Consumers can also claim attorneys’ fees under a provision of the Act.
