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California Lemon Law Statute

California Lemon Law Statute

Most questions about California’s lemon law should be answered by the Frequently Asked Questions section of the lemon law information page. However, For lawyers and other people who want to review the text of the California lemon law statute, as enacted by the California legislature, below are links to each section of the Song-Beverly Consumer Warranty Act (Civ. Code § 1790 et seq.). The text is current up April 2022.

Chapter 1.   Consumer Warranty Protection

ARTICLE 1. GENERAL PROVISIONS

Section 1790Title
Section 1790.1Enforceability of waiver
Section 1790.2Severability
Section 1790.3Construction in case of conflict with Commercial Code
Section 1790.4Cumulative Remedies

ARTICLE 2. DEFINITIONS

Section 1791Definitions
Section 1791.1“Implied warranty of merchantability”; “Implied warranty of fitness”
Section 1791.2Express Warranty”
Section 1791.3“As is”; “With all faults”

ARTICLE 3. SALES WARRANTIES

Section 1792Implied Warranty of Merchantability
Section 1792.1Manufacturer’s implied warranty of fitness for particular purpose
Section 1792.2Retailer’s or distributor’s implied warranty of fitness for particular purpose
Section 1792.3Waiver of implied warranties
Section 1792.4Disclaimer of implied warranty
Section 1792.5“As is” sales
Section 1793Express warranties
Section 1793.02Assistive devices; Hearing aids
Section 1793.025Motorized wheelchairs
Section 1793.03Manufacturers of consumer electronics or appliances making express warranties; Availability of service literature and parts
Section 1793.05Vehicle manufacturers altering new vehicles into housecars
Section 1793.1Form of express warranties; Requirements on distribution of warranty or product registration car or form, or electronic online warranty or product registration forms
Section 1793.2Duties of manufacturer making express warranty
Section 1793.22Reasonable number of attempts to conform vehicle to warranties; Dispute resolution process; Transfer of vehicle
Section 1793.23Disclosures required of seller of returned vehicle; “Lemon Law Buyback”
Section 1793.24Warranty buyback notice
Section 1793.25Sales tax reimbursement to vehicle manufacturer after restitution under express warranty
Section 1793.26Restrictions on confidentiality clause, gag clause, or other similar clause associated with reacquisition of motor vehicle
Section 1793.3Failure to provide service facility in conjunction with express warranty
Section 1793.35Replacement of or reimbursement for clothing or consumables under express warranty
Section 1793.4Time to exercise option for service of item under express warranty
Section 1793.5Liability of manufacturer making express warranties for failure to maintain service facilities
Section 1793.6Manufacturer’s liability to independent serviceman performing services or incurring obligations on express warranties
Section 1794Buyer’s damages, penalties and fees
Section 1794.1Seller’s and serviceman’s damages
Section 1794.3Effect of unauthorized or unreasonable use of goods
Section 1794.4Service contract in lieu of warranty
Section 1794.41Vehicle, home appliance, or home electronic product service contract; Requirements; Applicability; Conflicts with insurance provisions
Section 1794.45Service contract; Duty of retailer; Applicability
Section 1794.5Alternative suggestions for repair of item under express warranty
Section 1795Liability of nonmanufacturer making express warranty
Section 1795.1Application of chapter to components of air conditioning system
Section 1795.4Rules applicable to leases of consumer goods
Section 1795.5Obligations of distributors or sellers of used goods
Section 1795.51Obligations of buy-here-pay-here dealer; Written warranty required
Section 1795.6Tolling the warranty period
Section 1795.7Effect of tolling on manufacturer’s liability
Section 1795.8Application of chapter

 

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