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

ARTICLE 2. DEFINITIONS

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

ARTICLE 3. SALES WARRANTIES

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