The Law: Statutes and Framework
The statutes that govern California lemon-law claims — Song-Beverly, Magnuson-Moss, the lemon-law presumption, statute of limitations, and the role of implied warranties.
California lemon-law claims sit at the intersection of two statutes — one state, one federal — plus a body of judge-made warranty law. This section walks through each piece so you can see how they fit together.
Why two statutes matter
The Song-Beverly Consumer Warranty Act is the workhorse: it’s the state-law claim most California cases are built on, and it’s the one that funds attorney fees under § 1794(d). But the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) is also commonly pleaded — it provides a federal cause of action, can carry attorney-fee shifting of its own, and matters in cases that may end up in federal court.
Topics in this section
- Song-Beverly Consumer Warranty Act — the core state statute
- Magnuson-Moss Warranty Act — the federal overlay
- The lemon-law presumption — § 1793.22 and how to use it
- Statute of limitations — how long you have to file
- Implied vs. express warranties — what the dealer can and can’t disclaim
Related
California Lemon Law — Frequently Asked Questions
Quick answers to the most-asked questions about California's Song-Beverly Act: when is a car a lemon, do you need a lawyer, how much does it cost, what about used cars, and more.
Read → TopicCalifornia Lemon Law Cases by Manufacturer
How California's Song-Beverly Act applies to specific manufacturers — characteristic defect patterns, TSB histories, and settlement dynamics for the 13 brands most often litigated.
Read → TopicThe California Lemon Law Process
Step-by-step: how a California lemon-law claim moves from "my car keeps breaking" through evidence-gathering, manufacturer notice, arbitration, and litigation to a buyback or replacement.
Read → TopicQualifying Defects Under California Lemon Law
What kinds of vehicle defects actually qualify for a Song-Beverly Act buyback — the substantial-impairment test, common qualifying categories, and what doesn't count.
Read → TopicCalifornia Lemon Law Remedies
What you can actually recover under California's Song-Beverly Act — buyback math, replacement vehicles, cash-and-keep settlements, mileage offsets, civil penalties, and attorney-fee shifting.
Read → TopicVehicle Types Covered by California Lemon Law
How California's Song-Beverly Act applies to used cars, certified pre-owned vehicles, leases, EVs, motorcycles, RVs, and commercial trucks — coverage varies by category.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.