What is the California Lemon Law?

The California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, is a consumer protection law that provides remedies for the purchase of defective products. Initially enacted in 1970, the law seeks to protect consumers from deceptive sales practices and manufacturers’ malpractices. The main provisions of the law apply to new motor vehicle consumers. They are divided into civil code sections 1793.2 and 1793.22. New motor vehicles must come with express warranties covering the period during which defects in materials and workmanship occur. In the event of a defect , the manufacturer must either repair or replace the defective product within a reasonable time period. Should the manufacturer or its authorized repair stations fail to do so, the consumer has the right to a refund or a replacement vehicle, plus incidental costs. The manufacturer must bear the cost of reacquiring the nonconforming vehicle.
Some authorities believe that the California Lemon Law may have been first used in litigation against boat manufacturers. Since the development of the automobile, however, California Lemon Law has been applied primarily to automobiles. In 1988, the provisions of the California Lemon Law were expanded to include appliances.

What Is Eligible?

Appliances in California Lemon Law cases must also meet certain eligibility criteria to qualify. First and foremost, the appliance must be considered a major appliance. Major appliances are those that cannot be moved with ease or that are intended for permanent installation. For example, most refrigerators are considered major appliances because they are generally regarded as necessities in a home and generally must be attached to plumbing and electricity. On the other hand, a blender is not a major appliance because it can easily be removed from a kitchen and would cause far less inconvenience if it had to be repaired or replaced. Some common examples of major appliances include gas and electric ranges, refrigeration equipment such as refrigerators and freezers, hoods and vents, laundry washing or drying machines, water heaters, microwaves, and dishwashers.
Secondly, appliances must either be leased or purchased from a retail establishment such as Lowes or Home Depot. Residential wholesale purchases of appliances generally do not qualify. Third, appliances must be sold with a written warranty or transferable service contract at the time of sale. Warranties or service contracts that cover only parts and/or labor that is performed by the manufacturer do not qualify. The warranty or service contract cannot be the same as the manufacturer’s warranty that is included in the original packaging of the appliance.
Fourth, the warranty or service contract must last longer than 60 days as measured from the date of delivery. Finally, the lemon law rights given to appliance owners almost never apply to used appliances, but those used appliances do need to be in good and usable condition at the time of sale to be covered (more on this topic will be discussed in a later section).

Filing a California Lemon Law Claim

When bringing a claim under the California Lemon Law for appliances, you must file a claim with either the California Department of Consumer Affairs, Consumer Services Division, Appliance Repair (SAC) or the local district attorney’s office consumer protection unit in the county where the defective appliance was purchased. If you have already tried to resolve your complaint and the business has refused to correct the problem, provide documentation of the manufacturer’s and merchant’s attempts to repair or replace the appliance.
You must file within four years for mechanical defects and one year for the guarantee of merchantability. The basic requirements for filing a claim under the California Lemon Law for appliances are that (1) the product is still under warranty (either express or implied), (2) assembled or manufactured from both parts produced in California, and (3) the goods were purchased from a merchant rather than through a person-to-person transfer. While the express California Lemon Law does not cover used residential appliances, the implied warranty, as a minimum warranty obligation, applies to covered appliances. Further, even if the original owner of the appliance was a commercial entity, a subsequent owner could be covered if the product’s implied warranty has not been voided.

The Manufacturer’s Duties and Your Rights

Lemon Law For Appliances presents a unique situation in that you have the right to pursue a defective product against the manufacturer as opposed to the retailer/(store). Yes, while the retailer got the product from the manufacturer, they are not usually liable for your breakage problem. So do not bother with them even though it is logical that if the store sold you the appliance with a defect, they should be held accountable. The same principles apply in California regarding lemon laws for used cars and lemon laws for new cars and lemon laws for boats as well.
The lemon law obligations of manufacturers are as follows:
If a product has a defect, and the defect is covered by the warranty, the manufacturer must repair or replace it for the consumer. If the item lacks a warranty, then the manufacturer is not responsible for the defect. If the manufacturer refuses to repair or replace a defective product, then the consumer may pursue remedies under the Product Warranty Law and the Consumer Legal Remedies Act. Under California Civil Code § 1792, if a product does not match the sample or model shown at the time of purchase the consumer can file a claim under the CLRA.
Although some warranties expand these rights, the statutory protection covers all products at a minimum. Under California Civil Code § 1791.1, any refund or replacement remedy must be done per the damages of the consumer (meaning that the consumer should receive the full price of the item, including tax) and within a reasonable time. If a warranty is written rather than oral, it must be fulfilled in a reasonable period of time and without charge, if the product proves to be defective under the terms of the warranty.
This is not common practice, but he repair or replacement of a defective product must also extend to any related costs that were necessary to obtain the product. If a person purchased an item that was too large for their home, and the item needed to be exchanged, then the related costs of the delivery and pick-up must be covered.
In addition to repair or replacing the defective product, the manufacturer may not limit the consumer’s remedies in a warranty as this is also a violation of the Consumer Legal Remedies Act (CLRA). The terms of the warranty and the remedies must be clearly disclosed in the warranties in compliance with California Civil Code § 1791.2.

Common Claim Issues

There can be many challenges when filing a Lemon Law claim. One common challenge is the denial of the claim by the manufacturer. It is not uncommon, and particularly early in the process, for the manufacturer to deny the claim and immediately state that the appliance in question is not defective. Likewise, it is not unusual for manufacturers to state that the problem with the product is an item the customer is using or does not know how to use. In those cases, there is usually proof of the manufacturer backtracking on the initial statements and making concessions when further information is provided.
Another issue that can cause problems is whether or not the consumer can prove the consumer’s appliance is defective . Remember that the burden of proof is always on the consumer. To prove your appliance is defective, you have to describe the problem with your appliance as you would with a service technician. Providing as much detail about your appliance, purchase, and repair history, including receipts, invoices, and any other proof you have, and showing photos of your product in action, as well as any damage it may have caused, will help your case immensely.
It is not uncommon for warranty issues to also arise. While warranty laws are generally favorable, if the issue arises with an appliance outside of California, or if the company is headquartered out of state, you should expect that issues will arise.

Lawyer Help

In situations where appliance defects persist despite a reasonable number of repair attempts, or where a claim may be precluded by the statute of limitations, the expertise of a California Lemon Law attorney is essential. This is because the Lemon Law not only creates certain consumer protections, but also provides a system from which to pursue a dispute over an undetermined issue such as whether or not a dispute exists at all, i.e. is the item returned a lemon, is the warranty still viable, etc. When these types of disputes can be resolved without resorting to litigation, the provisions of the statute are employed to resolve matters. But when these other issues arise, experienced Lemon Law attorneys are better suited to assist plaintiffs in court, since they fully understand the nuances of the statute and discrete areas of this type of law that most do not. They are familiar with the judicial system’s machinery and can assist plaintiffs in maintaining their rights before the court.
The following are internet resources, such as associations and practice groups, where consumers may find help with getting in touch with a Lemon Law attorney who practices in their area:

  • (1) The California state bar association provides a listing of qualified attorneys by area of law, zip code and city, and/or state (for out of state referrals). Once the appropriate parameters are entered, the attorneys listed in the resulting pages are guaranteed to have at least five years of experience in the practice area requested.
  • (2) The American Bar Association also features online assistance for consumers who are seeking help in finding a lawyer. The ABA offers a national lawyer referral service that connects clients with reputable law firms that can meet their needs. There are also listings for various State Bar Associations to help those who are seeking legal assistance in a particular state area.
  • (3) People who do not own computer may call (800) 421-5874 to get the current list of California Lemon Law attorneys in their local area.

Recent Developments and Examples

Some recent updates to the California Lemon Law reflect the appliance-related issues consumers face. While the Federal government typically regulates automobiles and other vehicles under its "Lemon Law," this is a misnomer because the statutes all differ from one another across the United States.
California, in particular, has some very strong consumer protections in place. Often these laws are updated as new laws are passed every year and this blog offers a variety of information on how the California Lemon Law works for used or new appliances.
Some recent case studies include a case where the buyer of a Samsung refrigerator was experiencing issues with the French doors. The consumer had called the repairman about three times. Eventually, the consumer talked to the service technician because the appliance continued to have nonconformities.
This technician agreed that there were issues with the doors and arranged to order new ones. However, the repairman never came , and the doors were eventually discontinued. The consumer hired a lemon law attorney to pursue a claim under the Lemon Law and said that she received a settlement of a few thousand dollars. She also noted that the repairman who came in on the case was fired as he said that the consumer could not be accommodated by the company.
Other case studies such as one involving a Whirlpool washer and dryer set showed that simple repairs noted by the service department Houston, Texas, and Miami, Florida, from those homes had been made. Despite this, the consumer had spent thousands of dollars on a washer and dryer set with a warranty from Costco. However, Whirlpool thought that the issues had been solved.
When the consumer contacted the Costco Concierge Service, the consumer learned that the warranty was not being honored. According to Costco, they could recall the items for a full refund, and the consumer had to negotiate a cash settlement. Some sources say that this was a serious issue as the consumer had lost a large amount of time in trying to reach the Costco Concierge Service. Eventually the consumer hired a lemon law attorney to assist and receive a buyback on the failed appliances.
Overall, case studies on Lemon Law and appliances show that California consumers can find the protections needed for whatever they need, from a water softener to refrigerators.