The Song-Beverly Consumer Warranty Act is one of California’s strongest consumer protection laws, especially when it comes to defective vehicles, also known as lemons.

If you’re buying a car in California, you’re in a good spot. Our state takes consumer rights seriously, and this law is designed to make sure you get what you paid for: a safe, working vehicle that lives up to its warranty. 

But what if your new car ends up spending more time in the shop than on the road? That’s where the Song-Beverly Act (aka California’s Lemon Law) comes in. It gives you the right to ask for a refund, a replacement, or repairs if your car has serious issues that the manufacturer can’t fix.

In this guide, we’ll walk you through what the law covers, how it came to be, and what it means for you as a California car owner. 

 

What Is the Song-Beverly Consumer Warranty Act?

The Song-Beverly Consumer Warranty Act was passed in 1970 to protect Californians who buy or lease consumer goods, including vehicles. 

Whether it’s a blender from a store or a brand-new car from a dealership, this law says you have the right to expect that product to work properly. If it doesn’t and is still under warranty, the manufacturer needs to make it right.

If your new vehicle has a defect and the manufacturer can’t fix it after a reasonable number of attempts, the law says they must replace it or refund your money, including other related costs.

 

How Long Does the Song-Beverly Consumer Warranty Act Apply to a Vehicle?

​​A long time! The Song-Beverly Act gives you up to four years to take legal action, but the clock doesn’t start ticking until you realize the manufacturer can’t actually fix the problem.

Let’s say your warranty lasts five years, and the repairs kept happening during that time. If you truly believed they were going to fix it, your four-year window wouldn’t begin until you finally decided they’re never going to get it right. That means even if your car is nine years old, you might still be able to file a claim.

 

What Does the Song-Beverly Consumer Warranty Act Cover?

This law is designed to protect you from inherent issues with your new car, not problems caused by accidents, abuse, or poor maintenance after the sale. The Song-Beverly Consumer Warranty Act covers: 

• A purchased new car
• A leased new car

However, for a car to be protected under this Act, it has to meet a few specific criteria. Mainly: 

• The car was purchased in California. You can’t invoke California lemon law if you bought a car in another state and now reside in California (unless you took delivery in California). 
• The vehicle suffers from substantial defects that impact its use, value, or safety. Some top vehicle defects include transmission, engine, check-engine warning lights, steering, and suspension problems. 
• The vehicle does not meet the standards outlined in the expressed warranty. If your car isn’t up to par with any guarantee or warranty and the dealership has been unable to fix it, you might have a lemon on your hands. 

 

Does California Lemon Law Apply to Used Cars?

No. According to a late October 2024 ruling by the California Supreme Court, lemon law remedies no longer apply to used vehicles in claims against automobile manufacturers. Even if your used car has remaining warranty coverage or has had repeated repairs, you’re not eligible for a refund or replacement under the state’s lemon law.

 

What Is the Tanner Consumer Protection Act?

The Tanner Act is part of California’s Lemon Law (the Song-Beverly Act), and it helps spell out how many chances a manufacturer gets to fix your car before it’s officially considered a lemon. Here’s how it works: 

• If the problem is serious (something that could cause injury or even death), the manufacturer usually gets two tries to fix it.
• For less dangerous issues, they get up to four chances.
• Also, if your car has been stuck in the shop for a total of 30 days or more, that’s another sign it might be a lemon.

The goal of the Tanner Act is simple: you shouldn’t be left waiting forever while your car sits in the shop. If the problem isn’t getting fixed, the law gives you the right to take action.

 

The Song-Beverly Consumer Warranty Act: In Simple Terms

We know there’s a lot of legal speak about this topic. Since we believe an educated consumer is an empowered one, we want to make these important concepts approachable. Let’s start with a few quick definitions to help make sense of what this law actually does. 

 

Express Written Warranty

If your car has problems during the time it’s still under the original manufacturer’s warranty, and those problems aren’t getting fixed after a reasonable number of tries, you might have a claim.

That’s called a violation of the express written warranty, and under the Song-Beverly Act, the manufacturer may have to refund or replace your vehicle.

 

Reasonable Number of Repair Attempts

You can’t file a lemon law claim just because something went wrong once. The law kicks in after a “reasonable number” of repair attempts. But what does that mean?

California doesn’t give an exact number. It depends on how severe the defect is and how long it’s gone unresolved. 

The bottom line is that it’s different for every case, and only a qualified lemon law attorney can really tell you if your car meets the standard.

 

Purchase Period Refund

Most lemon law cases end in a refund, called “restitution.” You don’t have to accept a replacement vehicle, and the manufacturer can’t force one on you either. A refund usually includes:

• What you’ve already paid
• What you still owe on the loan
• Taxes, fees, and registration
• Manufacturer-installed items
• Incidental costs like repairs, towing, and rentals

Some extra costs, like insurance or DMV fees, can get a bit tricky, so it’s smart to have an attorney help sort those out.

 

Mileage Offset

If you get a refund, the manufacturer is allowed to subtract the value of the miles you drove before the first repair attempt for the problem that led to your lemon claim; this is called the mileage offset, and it’s calculated using a formula in the law. 

If the issues started early on, the deduction is small. If they didn’t show up until much later, the deduction could be bigger.

 

Contact Our Experienced California Lemon Law Firm!

The best way to invoke your rights if you believe you’re dealing with a lemon is to contact an experienced lemon law attorney. 

To learn more about the Song-Beverly Consumer Warranty Act and if you qualify for a refund or vehicle replacement, contact Norman Taylor & Associates or call 818-244-3905 today for a FREE consultation! 

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