What is the Song-Beverly Consumer Warranty Act?

That feeling of driving a new car off the lot is supposed to be one of pride and excitement. But when that new vehicle spends more time in the service bay than in your driveway, the feeling quickly turns to frustration and anxiety. In California, you are not alone in this fight; the law provides powerful protections for consumers who find themselves saddled with a defective vehicle.

The Song-Beverly Consumer Warranty Act is the cornerstone of consumer rights in our state and the foundation of California’s lemon law. First enacted in 1970, this landmark legislation ensures that if a manufacturer cannot fix a substantial defect in your vehicle after a reasonable number of attempts, they are legally obligated to either replace it or buy it back. At LemonLaws.com, we work with this statute every day to defend the rights of California consumers.

What is the Song-Beverly Consumer Warranty Act?

At its core, the Song-Beverly Consumer Warranty Act, codified in California Civil Code sections 1790-1795.8, is a promise. It holds manufacturers accountable for the written warranties they provide with their products. While it covers a wide range of consumer goods, it has become most famously associated with vehicles, forming the basis of what we commonly call the lemon law.

The Act’s primary goal is simple: to ensure consumers get the benefit of their bargain. When you purchase or lease a new vehicle, you do so with the reasonable expectation that it will be reliable and safe. When a car suffers from persistent defects, that bargain is broken. Song-Beverly provides a legal remedy to make you whole again.

The Manufacturer's Duty to Repair

Under Song-Beverly, when you take your vehicle to an authorized dealership for a repair covered by the warranty, the manufacturer has a duty to fix it. This isn’t just a suggestion; it is a legal requirement. The manufacturer must make the vehicle conform to its warranty promises within a reasonable time.

This duty is critical. It establishes the manufacturer’s responsibility from the very first time you report an issue. Every visit to the service department creates a paper trail that documents the manufacturer’s attempts, or failures, to correct the problem.

Defining a "Nonconformity"

The lemon law doesn't just cover life-threatening safety issues. The legal term for a qualifying defect under the Song-Beverly Act is a "nonconformity." A nonconformity is any defect or condition covered by the manufacturer’s warranty that substantially impairs the vehicle’s use, value, or safety to the consumer.

Let's break down what that means:

• Use: A nonconformity can impair your ability to use the vehicle as intended. This could be an engine that frequently stalls, a transmission that jerks violently, or a navigation system that constantly freezes, making road trips impossible.
• Value: A defect can significantly lower the vehicle's resale value, even if it seems cosmetic. Examples include peeling paint on a brand-new car, persistent water leaks that could cause mold, or foul odors coming from the ventilation system.
• Safety: This is the most serious category. Any defect that compromises the safety of the driver, passengers, or other people on the road is a substantial nonconformity. Examples are faulty airbags, braking system failures, unpredictable steering, or sudden acceleration problems.

The key word is "substantial." A minor rattle or a single blown fuse might not qualify, but a persistent and serious issue that the dealer cannot fix certainly could.

The Lemon Law Presumption: How Many Repairs is Too Many?

So, how many repair attempts are considered "reasonable" before the vehicle is deemed a lemon? While every case is unique, the Song-Beverly Act contains a special provision called the Tanner Consumer Protection Act (California Civil Code section 1793.22) that creates a legal presumption that a vehicle is a lemon if certain conditions are met within the first 18 months or 18,000 miles of use.

This "lemon law presumption" applies if any of the following occur:

• Four or More Repair Attempts: The manufacturer or its authorized dealer has attempted to repair the same nonconformity four or more times.
• Two or More Repair Attempts: The nonconformity is a serious safety defect that is likely to cause death or serious bodily injury, and the manufacturer has made at least two attempts to fix it.
• 30+ Days Out of Service: The vehicle has been out of service for repair for a cumulative total of more than 30 days for any combination of warranty-covered defects. These days do not need to be consecutive.

It is critical to understand that this is a presumption, not an absolute requirement. A vehicle can still qualify as a lemon even if it does not meet these specific thresholds. If a manufacturer has had three chances to fix a serious transmission problem, a judge or jury could still reasonably conclude that they failed to repair the vehicle in a timely manner. The presumption simply provides a powerful starting point for your case.

What Vehicles and Products Are Covered Under Song-Beverly?

The Song-Beverly Act’s protections are broad, covering more than just new cars bought from a dealership.

New and Leased Vehicles

This is the most common category. Any new car, truck, SUV, or motorcycle purchased or leased in California for personal, family, or household purposes is covered. The law also applies to the chassis, chassis cab, and drivetrain of a motorhome.

Used Vehicles with a Remaining Warranty

Many people mistakenly believe that used cars cannot be lemons. This is not true. A used vehicle is covered by the lemon law if the defect arises while the car is still protected by the original manufacturer’s warranty. For example, if you buy a certified pre-owned vehicle with one year left on its 3-year/36,000-mile bumper-to-bumper warranty, you are protected by the Song-Beverly Act for that remaining year.

However, cars sold "as-is" without any express warranty from the manufacturer are generally not covered.

Business Vehicles

The law also extends to some small business vehicles. A vehicle owned by a business is covered under Song-Beverly if the business has five or fewer vehicles registered in California and the vehicle in question has a gross vehicle weight under 10,000 pounds.

Your Remedies: What You Get When Your Car is a Lemon

If your vehicle is determined to be a lemon under the Song-Beverly Act, the manufacturer has two primary options to resolve the matter. Importantly, the choice between these remedies belongs to you, the consumer, not the manufacturer.

Remedy 1: The Repurchase (Buyback)

The most common remedy is a repurchase, often called a buyback. The manufacturer must refund the money you spent on the vehicle, specifically including:

• The Down Payment: The initial amount you paid.
• Monthly Payments: All loan or lease payments you have made.
• Loan Payoff: The manufacturer must pay off the remaining balance of your auto loan directly to the lender.
• Taxes and Fees: This includes sales tax, vehicle registration fees, and other official charges.
• Incidental and Consequential Damages: The manufacturer must also reimburse you for reasonable costs you incurred because of the vehicle's defects. This can include towing fees, rental car expenses, and other out-of-pocket costs.

The manufacturer is permitted to deduct a "mileage offset" for the trouble-free miles you drove before the first repair attempt for the main defect. The formula is defined by law: (Miles at first repair / 120,000) x Purchase Price.

Buyback Example: Imagine you bought a car for $45,000. You first brought it in for a recurring engine problem at 10,000 miles. The mileage offset would be: (10,000 / 120,000) x $45,000 = $3,750. The manufacturer would refund your down payment, all monthly payments made, and pay off the loan, then subtract $3,750 from that total.

Remedy 2: The Replacement

Alternatively, you may choose to have the manufacturer provide you with a replacement vehicle. The replacement must be a new vehicle that is "substantially identical" to your lemon. This means the same make, model, and similar features. The manufacturer is responsible for paying the sales tax and registration fees on the new vehicle. You are not responsible for any mileage offset if you choose this option.

Understanding the Legal Landscape

The Song-Beverly Act is powerful, but it works in concert with other important laws.

The Federal Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act (15 U.S.C. sections 2301-2312) is the federal lemon law. It provides a baseline of protection for consumers in all states. While Song-Beverly often provides stronger remedies for California residents, Magnuson-Moss is an important tool, especially for cases that might fall into a gray area of the state law. Like Song-Beverly, it includes a crucial fee-shifting provision that holds manufacturers responsible for your attorney's fees if you win your case.

SB 766 (The CARS Act)

As vehicles become more complex, so do the laws. In 2023, California enacted Senate Bill 766, also known as the California Advanced-tech-car-ready Repairs and Safety (CARS) Act. This forward-looking law amends Song-Beverly to address defects related to vehicle software and advanced driver-assistance systems. Crucially, it clarifies that defects repaired through "over-the-air" (OTA) software updates still count as repair attempts, preventing manufacturers from avoiding their lemon law obligations by repeatedly pushing temporary software fixes.

The Fee-Shifting Provision: Why You Pay No Out-of-Pocket Fees

One of the most empowering aspects of the Song-Beverly Act is its consumer-friendly fee-shifting provision. Found in California Civil Code section 1794(d), this rule states that if a consumer prevails in a lemon law claim, the manufacturer is required to pay the consumer’s reasonable attorney's fees and court costs.

This provision is a great equalizer. It allows ordinary consumers to stand up to massive automotive corporations without the fear of being buried in legal bills. It means that law firms like ours can represent you with no upfront charges or out-of-pocket fees. Our payment comes from the manufacturer, not from your settlement. This ensures that everyone has access to justice, regardless of their financial situation.

Frequently Asked Questions

What if my car is out of warranty now, but the problems started while it was under warranty?

You are likely still protected. The key is that the nonconformity first arose and you presented the vehicle for repair while the warranty was still in effect. The manufacturer's duty to fix the problem does not simply expire with the warranty. If they failed to properly repair a defect that was present during the warranty period, you may still have a valid claim.

Do I have to go through arbitration before filing a lemon law case?

No. In California, you are not required to participate in a manufacturer-sponsored arbitration program before pursuing a lemon law claim in court. While the manufacturer might encourage you to use their arbitration process, it is often not in your best interest. These programs can be biased towards the manufacturer, and you give up certain legal rights. It is wise to speak with an experienced lemon law attorney before agreeing to any arbitration.

What kind of documents should I keep for a potential lemon law case?

Documentation is your most powerful tool. Keep everything related to your vehicle in an organized file. This should include the purchase or lease agreement, all repair orders from the dealership (these are the most important), any invoices for towing or rental cars, and any written correspondence you have had with the dealership or manufacturer. Detailed notes of phone calls, including the date, time, and person you spoke with, are also very helpful.

Let Us Help You Move Forward

Navigating the complexities of the Song-Beverly Consumer Warranty Act can be overwhelming, especially when you are already dealing with the stress of a defective vehicle. The law is firmly on your side, and you do not have to face the manufacturer alone. Our team is dedicated to safeguarding the rights of California consumers and holding automakers accountable.

If your vehicle has been subject to repeated repairs and you believe you may have a lemon, we invite you to contact us for a free, no-obligation consultation. We will listen to your story, review your repair documents, and provide a clear assessment of your legal options. Because of the consumer protections built into California law, we represent our clients with no out-of-pocket fees.