The Song Beverly Act California consumers rely on is the foundation of every Lemon Law claim filed in the state. Officially known as the Song-Beverly Consumer Warranty Act, this 1970 law gives buyers and lessees the right to a refund, replacement, or repair when a manufacturer cannot fix a defective product covered by warranty.
While the statute applies to a range of consumer goods, it is best known for protecting California car buyers and lessees. Whether you drive a Toyota, Tesla, Ford, BMW, or any other brand, your right to a Lemon Law buyback comes from this single law.
This guide explains the Song Beverly Act California consumers depend on in simple language. You will learn what it covers, who it protects, and how to use it if you find yourself stuck with a defective vehicle.
Quick Answer: What Is the Song-Beverly Act in California?
The Song Beverly Act California consumers commonly refer to is the Song-Beverly Consumer Warranty Act, enacted in 1970 and codified at California Civil Code sections 1790 through 1795.8. It is the legal foundation of the California Lemon Law. The Song-Beverly Act requires manufacturers to repair, replace, or refund defective consumer products covered under a written warranty. For vehicles, it provides the right to a buyback, replacement, or cash settlement when an automaker cannot fix a substantial defect after a reasonable number of attempts.
Table of Contents
- What Is the Song-Beverly Act?
- A Brief History of the Song-Beverly Consumer Warranty Act
- Who Is Protected Under the Song Beverly Act California Framework
- What Products Are Covered?
- Key Protections Under the Song-Beverly Act
- How the Song-Beverly Act Works in California Lemon Law Cases
- Recent Updates to the Song Beverly Act California Framework
- Common Misconceptions
- Song Beverly Act California Checklist
- When to Contact an Attorney
- Frequently Asked Questions
What Is the Song-Beverly Act?
The Song-Beverly Consumer Warranty Act is a California state law that protects consumers who buy or lease defective products covered by a written warranty. It is codified at California Civil Code §§ 1790 through 1795.8.
In everyday conversation, the Song Beverly Act California consumers cite is simply called the California Lemon Law. While the law covers a range of consumer goods, it is most often used to resolve disputes over defective vehicles.
If a manufacturer cannot repair a substantial warranty defect within a reasonable number of attempts, the Song-Beverly Act requires them to either replace the product or refund what you paid into it.
A Brief History of the Song-Beverly Consumer Warranty Act
California enacted the Song-Beverly Consumer Warranty Act in 1970. It was named after its two sponsors, State Senator Alfred Song and State Assemblyman Robert Beverly.
In 1982, the legislature added the Tanner Consumer Protection Act, codified at Civil Code § 1793.22. The Tanner provisions added the well-known Lemon Law presumption that defines when a “reasonable number” of repair attempts has been made for vehicles.
Together, the Song-Beverly and Tanner provisions form the modern California Lemon Law framework. The statute has been amended multiple times over the years, most recently through AB 1755 and SB 26 in 2024 and 2025, which restructured how Lemon Law cases proceed for participating manufacturers.
Who Is Protected Under the Song Beverly Act California Framework
The Song-Beverly Act protects consumers who purchase or lease covered products in California. To qualify for vehicle protection, you generally must meet the following conditions:
- The vehicle was bought or leased in California from a licensed dealer
- The vehicle came with a manufacturer’s express written warranty
- The defect occurred during the warranty period
- The defect substantially impairs the vehicle’s use, value, or safety
- The authorized dealer had a reasonable number of attempts to repair the defect
Active military service members stationed in California may also be protected under certain provisions of the Song-Beverly Act, even if the vehicle was originally purchased outside the state.
What Products Are Covered Under the Song-Beverly Act?
While the Song-Beverly Act covers many consumer products, the most active area of enforcement is motor vehicles.
New Vehicles
The law fully covers new cars, trucks, SUVs, vans, and motorcycles sold in California with a manufacturer’s written warranty.
Leased Vehicles
Leased vehicles used for personal, family, or household purposes are also covered. For more, see our Lemon Law for leased vehicles page.
Certified Pre-Owned Vehicles
Certified pre-owned vehicles sold with a continuing manufacturer’s express warranty generally qualify under the Song Beverly Act California framework.
Used Vehicles
After the California Supreme Court’s 2024 decision in Rodriguez v. FCA US LLC, used cars sold without a continuing manufacturer’s warranty have narrower protection. Used vehicles that still carry the balance of the original factory warranty often remain covered.
Recreational Vehicles, Boats, and Other Consumer Goods
Motorhomes, recreational vehicles, and a range of other consumer goods can also fall within the Song-Beverly Act, although coverage rules vary by product type.
Key Protections Under the Song-Beverly Act
The Song-Beverly Act gives California consumers several powerful tools.
Implied Warranty of Merchantability
Under Civil Code § 1792, every retail sale of consumer goods comes with an implied warranty that the product is fit for its ordinary purpose. This protection cannot be waived in standard consumer transactions.
Express Warranty Protections
If a manufacturer issues an express written warranty, the Song-Beverly Act requires them to honor it. They must also provide service facilities and properly trained technicians within a reasonable distance, generally within California.
Right to Repair, Replace, or Refund
Under Civil Code § 1793.2, when a manufacturer cannot repair a covered defect within a reasonable number of attempts, the consumer can choose between a replacement product or a refund.
Civil Penalty for Willful Violations
If a manufacturer willfully refuses to comply with the Song-Beverly Act, Civil Code § 1794 allows the consumer to recover a civil penalty of up to two times the actual damages.
Attorney Fee Recovery
Civil Code § 1794(d) is one of the most important provisions for consumers. If you prevail in a Song-Beverly Act case, the manufacturer must pay your reasonable attorney fees and litigation costs. This is why almost every California Lemon Law attorney works on contingency.
How the Song-Beverly Act Works in California Lemon Law Cases
When applied to vehicles, the Song-Beverly Act creates the framework for every Lemon Law claim in California.
The Reasonable Number of Attempts Standard
According to the California Department of Consumer Affairs, Civil Code § 1793.22 (the Tanner Act) creates a legal presumption that a reasonable number of repair attempts has occurred when:
- The same defect likely to cause death or serious bodily injury has been the subject of two or more repair attempts
- The same non-safety defect has been the subject of four or more repair attempts
- The vehicle has been out of service for warranty repairs 30 or more cumulative days
Buyback Refund Calculation
If a Song-Beverly buyback is ordered or agreed to, the manufacturer must refund the down payment, monthly payments, loan payoff, sales tax, and registration. Reasonable incidental expenses such as towing and rental cars are also recoverable.
Mileage Offset Formula
Under Civil Code § 1793.2(d)(2)(C), the manufacturer is allowed to deduct a mileage offset based on the formula:
(Purchase Price × Miles at First Repair) ÷ 120,000
For more detail, see our California Lemon Law buyback guide.
Recent Updates to the Song Beverly Act California Framework
The Song-Beverly Act has been substantially updated in the past two years.
AB 1755 and the Pre-Suit Notice Rule
Signed by Governor Newsom on September 29, 2024, Assembly Bill 1755 introduced new procedures for Lemon Law claims, including a mandatory pre-suit notice for opted-in manufacturers and stricter filing deadlines.
SB 26 Opt-In Framework
Signed on April 2, 2025, Senate Bill 26 made the AB 1755 procedures optional for manufacturers. Automakers can choose to opt in for a five-year term, and the California Department of Consumer Affairs publishes the official list each December.
Rodriguez v. FCA US LLC
In 2024, the California Supreme Court narrowed Lemon Law protection for many used cars sold without a continuing manufacturer’s warranty. This decision changed how used-vehicle claims are analyzed under the Song-Beverly Act.
Common Misconceptions About the Song-Beverly Act
A few myths about the Song Beverly Act California consumers often hear:
- Myth: “Only new cars are covered.” Many leased and certified pre-owned vehicles also qualify.
- Myth: “You need exactly four repair attempts.” The four-attempt rule is a presumption, not a strict requirement. Two attempts can be enough for serious safety defects.
- Myth: “You have to pay the lawyer out of pocket.” The manufacturer pays attorney fees in successful cases.
- Myth: “The dealer is responsible.” The Song-Beverly Act primarily holds the manufacturer responsible, not the dealership.
- Myth: “You have years to file.” AB 1755 imposes a one-year post-warranty deadline and a six-year absolute deadline for opted-in manufacturers.
Song Beverly Act California Checklist
If you think the Song-Beverly Act protects you, use this short checklist:
- Confirm the vehicle was purchased or leased in California
- Confirm the manufacturer’s express warranty was in effect when the defect appeared
- Gather every repair order, invoice, and dealership communication
- Confirm the same defect has been reported multiple times
- Track total days the vehicle was out of service
- Save receipts for towing, rentals, and rideshare during repairs
- Contact a California Lemon Law attorney before signing any settlement
When to Contact a California Lemon Law Attorney
The Song-Beverly Act allows successful consumers to recover their attorney fees from the manufacturer. As a result, most California Lemon Law attorneys work on a contingency basis with no out-of-pocket cost to the client. An experienced attorney can:
- Confirm whether your vehicle qualifies under the Song-Beverly Act
- Check if the manufacturer is on the AB 1755 opt-in list
- Send the proper pre-suit notice
- Negotiate the full Lemon Law refund the law allows
- Pursue civil penalties when supported by the facts
- Take the case to trial if the manufacturer refuses to pay fair value
For a broader overview, visit our About the Lemon Law page.
Frequently Asked Questions
Is the Song-Beverly Act the same as the California Lemon Law?
Essentially, yes. The California Lemon Law is built on the Song-Beverly Consumer Warranty Act, along with the Tanner Consumer Protection Act amendments in Civil Code § 1793.22.
Does the Song-Beverly Act cover used cars?
Used cars sold with a continuing manufacturer’s warranty can be covered. After the Rodriguez v. FCA US LLC decision, used vehicles without a continuing factory warranty have narrower protection.
What is the statute of limitations under the Song-Beverly Act?
For manufacturers on the AB 1755 opt-in list, claims must generally be filed within one year after the express warranty expires and no more than six years from the original delivery date. Older claims may still proceed under the prior four-year limitation period.
Does the Song-Beverly Act apply to leased vehicles?
Yes. Leased vehicles used for personal, family, or household purposes are covered if they came with a manufacturer’s warranty.
Can I recover attorney fees under the Song-Beverly Act?
Yes. Civil Code § 1794(d) requires the manufacturer to pay the consumer’s reasonable attorney fees and costs when the consumer prevails. This is why most Lemon Law claims cost nothing out of pocket to pursue.
Get a Free Song Beverly Act California Case Review Today
If you believe the Song Beverly Act California consumers rely on may protect you, do not navigate the process alone. The right legal team can confirm your rights, calculate your full Lemon Law refund, and hold the manufacturer accountable.
Call (877) 311-1133 or contact us online for a free case evaluation. American Lemon Law Group has recovered more than $50 million for California consumers, with no out-of-pocket cost to the client.
Disclaimer: This article is for general information only and is not legal advice. Every case is different. Speak with a qualified California Lemon Law attorney for advice about your specific situation.