What is The Song Beverly Consumer Warranty Act?
The Song Beverly Consumer Warranty Act is a group of California civil code sections commonly known as and referred to as the California lemon law. It is famous for requiring consumer good manufacturers and distributors to either repurchase or replace a product if they fail to repair it according to their warranty.
The express language of the Song Beverly Consumer Warranty Act states that a manufacturer which provides a warranty with a sale of a product needs to have agents that will be able to repair said product according to its warranty. If the manufacturer or its agents fail to repair the defective product within a reasonable number of attempts, the manufacturer should either buyback the product or replace it.
While the repair or replacement requirement of the act is the most famous one the act is not that simple. It provides for a detailed regulation of express and implied warranties in the State of California. The Song Beverly Consumer Warranty Act begins with §1790 of the California Civil Code and ends at §1795.8. The Song Beverly act itself includes many subparts and subsections, such as the Tanner Consumer Protection Act.
What Products Are Covered Under The Song Beverly Consumer Warranty Act?
The Song Beverly Consumer Warranty Act applies to any consumer goods, including consumer electronics, vehicles, boats, etc. The act only expressly excludes clothing and consumables (food and drinks) from its scope. The most useful application of the Song Beverly act, however, remains in the vehicle industry.
Whereas consumer electronics have relatively shorter warranties and are easily replaceable, cars generally have longer warranty coverage periods and are a hassle to replace or repurchase. These longer warranties mean that the vehicle will have to be in conformity with the warranty for a longer period.
The chances that your car will need repairs within 3 or 4 years from the date of purchase are always higher than your phone requiring a repair within 1 year of use. Taking into consideration that modern cars get more and more bells and whistles, they have accumulated many features that can go wrong. All this contributes to frequent failures and failed repairs.
How Can The Song Beverly Consumer Warranty Act Help Me?
Song Beverly Consumer Warranty Act can help you get your vehicle repurchased by its manufacturer or the distributer if it keeps breaking down. What this means is, that you will turn the car back in and receive the payments you made on your vehicle.
You will also receive your registration payments and any taxes and fees you paid on your vehicle. To learn more about the details of the process you can read our lemon law frequently asked questions section and our comprehensive guide to California lemon law.
There are, however, several caveats to getting your lemon law refund.
First, you will not get all your payments back. The refund is subject to the lemon law mileage offset formula provided by the Song Beverly act itself. To make your job easier we have included the lemon law buyback calculation examples to our blog.
Secondly, not all defects will qualify. No manufacturer will buyback your vehicle for a crackling speaker no matter how many times the dealership failed to fix it. Our guide to lemon law (link above) does a good job in describing which kind of defects will qualify and which are unlikely to qualify.
Lastly, you will not get reimbursed for aftermarket parts and accessories installed on your car, nor will you get reimbursed for your insurance payments. Our FAQ section gives more answers on these: Look for “what will I get if my vehicle is repurchased” and “what will I not get if my vehicle is repurchased.”
Now, the positive side. The Song-Beverly Consumer Warranty Act helps you to hire an attorney for free. You will not need to pay a dime to our lemon law attorney if your vehicle is repurchased by the manufacturer. This is because the Song Beverly Consumer Warranty Act has a cost shifting provision. This is a specific language that obligates the manufacturer to pay for the costs of the consumer, including the consumer’s attorney’s fees. Visit our main page about lemon law to learn more and to read some quick facts summarizing California lemon law.
To conclude, the Song Beverly Consumer Warranty Act has robust mechanisms, such as payment of consumer’s costs, refund of payments, and fees, including the vehicle’s registration fee, to protect consumers from the manufacturer’s failure to follow their warranty obligations. Feel free to call us at 747-777-2977 if you have questions about the act. We offer a free consultation and case evaluation.