What Is The Song-Beverly Act?

When purchasing a new vehicle, you trust that it will perform as advertised, free from defects that could affect your safety or satisfaction. Unfortunately, that’s not always the case. In California, the Song-Beverly Consumer Warranty Act, often referred to simply as the Song-Beverly Act, exists to protect consumers when products fail to meet expectations. But what exactly is the Song-Beverly Act, and how does it safeguard your rights? Let’s dive into its history, provisions, and the protections it offers.

A Brief History of the Song-Beverly Act

The Song-Beverly Consumer Warranty Act was enacted in 1970 to ensure that consumers in California are protected when purchasing goods, particularly when those goods turn out to be defective. Initially, the Act applied broadly to a wide range of consumer products, but over time, it became particularly significant in the automotive industry.

The Act is named after its authors, State Senators Alfred H. Song and Robert G. Beverly, who recognized the need for stronger consumer protections in the marketplace. Their goal was to create a law that would provide Californians with a legal remedy if the goods they purchased did not live up to the warranties provided by manufacturers.

Key Provisions of the Song-Beverly Act

The Song-Beverly Act covers a wide array of consumer goods, but it’s most commonly associated with vehicles, thanks to its application in lemon law cases. Here’s a breakdown of its key provisions:

  1. Implied Warranty of Merchantability: Under the Song-Beverly Act, every sale of consumer goods in California includes an implied warranty of merchantability. This means that the goods should be fit for their ordinary purposes. For vehicles, this implies that the car should be safe to drive and free from significant defects.
  2. Express Warranty Protections: The Act requires manufacturers to honor the express warranties they provide. If a vehicle (or other consumer goods) doesn’t conform to the express warranty, the manufacturer is obligated to repair, replace, or refund the purchase price.
  3. The Lemon Law: The Song-Beverly Act forms the foundation of California’s Lemon Law. If a vehicle has a significant defect that persists after a reasonable number of repair attempts, the manufacturer must replace the vehicle or refund the consumer’s money. This applies to new and certain used vehicles still under warranty.
  4. Consumer Remedies: If a manufacturer fails to comply with the Act, consumers have the right to sue for damages. In successful cases, the consumer may recover costs, attorney fees, and sometimes even double damages if the manufacturer willfully violated the Act.

The Impact of the Song-Beverly Act on Consumers

The Song-Beverly Act is a cornerstone of consumer protection in California, especially in the context of automotive purchases. It ensures that consumers aren’t left stranded with defective products, particularly vehicles that could pose safety risks.

Thanks to the Act, countless Californians have been able to seek recourse when their vehicles failed to meet the standards promised by manufacturers. The Act has empowered consumers to hold companies accountable, ensuring that warranties are more than just empty promises.

Why the Song-Beverly Act Matters Today

In today’s complex marketplace, where products are more sophisticated and expensive than ever, the Song-Beverly Act remains a vital tool for consumer protection. Whether you’re buying a car, a major appliance, or any other significant purchase, understanding your rights under this Act can make a world of difference.

For Californians dealing with a problematic vehicle or other defective goods, the Song-Beverly Act is a beacon of hope. It reinforces the idea that consumers should be treated fairly and that manufacturers should stand behind their products.

How California Consumer Attorneys Can Help

If you believe your vehicle might be a lemon click here to learn more or get started by letting the legal team at California Consumer Attorneys here you today. Our expertise in the Song-Beverly Act and California Lemon Law means we’re well-equipped to fight for your rights and ensure you get the resolution you deserve.

Don’t let a defective product disrupt your life. Contact us today for a free consultation, and let us guide you through your options under the Song-Beverly Act. Your satisfaction and safety are our top priorities.

About the Author
Sepehr Daghighian is a partner with CCA that is well-versed in all aspects of lemon-law litigation. A 2005 graduate of Loyola Law School, Mr. Daghighian has been practicing litigation throughout the state of California for over 13-years. In this time, Mr. Daghighian has advocated on behalf of California consumers in hundreds of lemon law cases throughout our great state. Mr. Daghighian has also successfully tried numerous such cases to verdict in both Federal and State Court.