Understanding Your Warranty Rights in California: Magnuson-Moss vs. Song-Beverly Act

When you purchase a vehicle or other major product, you expect it to work as promised, however, it doesn't always go to plan. Fortunately, both state and federal laws are in place to protect you and offer legal recourse when things go wrong. Understanding your warranty rights is crucial. If your new or used vehicle, or another significant consumer product, turns out to be defective, knowing what protections are available can mean the difference between ongoing frustration and a successful resolution.

The Magnuson-Moss Warranty Act is a federal law that protects consumers across the United States. It applies to any consumer product priced over $25 that includes a written warranty. In contrast, California’s Lemon Law - formally called the Song-Beverly Consumer Warranty Act offers specific protections to individuals who buy or lease new and certain used vehicles within California.

In this article, we will explain how California's Lemon Law and the federal Magnuson-Moss Warranty Act work, what protections they offer, what the law requires from manufacturers and the steps you can take if you are dealing with a defective vehicle or product.

1. What is the California Lemon Law?

Designed to safeguard consumers, the California Lemon Law provides important protections for those who purchase or lease faulty vehicles within the state of California.

When Does the California Lemon Law Apply?

California’s Lemon Law is considered one of the strongest and most consumer-friendly in the country, providing clear remedies for consumers stuck with a defective vehicle. These include:

• Vehicles purchased or leased in California, including new and certain used vehicles still under the manufacturer’s warranty.

• It covers cars, trucks, SUVs, and certain other vehicles purchased or leased for personal, family, or household use within California. Some business vehicles may also qualify if they meet specific criteria.

• California's Lemon Law requires manufacturers to provide a written warranty for new and used vehicles, and it sets out specific disclosure requirements for vehicle sales.

Key Provisions of the California Lemon Law

• Manufacturer’s Obligation to Repair:If your vehicle has significant defects that substantially impair the use, value, or safety of a vehicle, covered by the manufacturer’s warranty, the manufacturer (or its authorized dealer) must make reasonable attempts to repair the issue.

• Criteria for a Vehicle to Be Considered a “Lemon”:A vehicle may be considered a lemon if, after a reasonable number of repair attempts, the defect persists and substantially impairs the vehicle’s use, value, or safety. Common standards include:

  • The vehicle has been in the shop for an extended period (generally 30 or more cumulative days).

  • The defect remains after multiple repair attempts.

  • The problem could cause serious injury or death and has not been properly fixed after one or two attempts.

• Consumer Remedies:If your vehicle qualifies as a lemon, you are entitled to either:

  • A replacement vehicle; or

  • A full refund of the purchase price (including your down payment, monthly payments and certain other costs).

  • Additionally, you may be entitled to reimbursement for consumer's attorney’s fees and related expenses.

Exceptions to the California Lemon Law Protection

While the California Lemon Law provides strong protections, certain vehicles and situations are excluded from coverage. These include:

• Vehicles Purchased “As Is”:If a used vehicle is sold without a warranty and marked “as is,” it may not qualify unless the seller provided an express written warranty or service contract.

• Vehicles Used Primarily for Business Purposes:Vehicles primarily used for business purposes may not be covered unless the business has fewer than five registered vehicles in its name and the vehicle's gross weight is under 10,000 pounds.

• Off-Road Vehicles:Certain off-road vehicles, such as dirt bikes and ATVs not registered for street use, may not be protected under the California Lemon Law.

• Defects Caused by Abuse or Unauthorized Repairs:Defects resulting from owner neglect, unauthorized modifications are not covered.

• Private Party Sales:In most cases, vehicles purchased directly from a private individual (rather than a dealership) are not covered unless specific warranties were provided.

📌 Top Tip:Before assuming your vehicle is protected under the California Lemon Law, always verify whether it is still covered by the manufacturer’s original warranty. If you are unsure, check your warranty documents or contact the dealership where you purchased or leased the vehicle. Acting early can strengthen your case if problems arise.

2. What Is the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act is a federal law passed in 1975 that protects consumers who purchase products covered by a written warranty. Its main goal is to ensure consumers receive clear information about warranty terms and to provide legal remedies when warranties are not honored. This law applies nationwide across the United States, including California, and often works alongside state-specific laws such as the California Lemon Law.

When Does the Magnuson-Moss Warranty Act Apply?

The Magnuson-Moss Warranty Act applies to any consumer product that costs more than a few dollars and comes with a written warranty. This includes vehicles, appliances, electronics and other consumer goods. In California, it provides an additional layer of protection when dealing with warranty issues, especially if a claim under the California Lemon Law does not fully apply.

Key Provisions of the Magnuson-Moss Warranty Act

• Requirements for Clear and Detailed Warranty Information:Manufacturers and sellers must provide warranties in plain, understandable language. The warranty must explain what is covered, what is not covered, how to obtain service and what remedies are available if the product fails.

• Prohibits Disclaimers of Implied Warranties in Certain Conditions:If a manufacturer or seller offers a written warranty, they generally cannot disclaim or limit implied warranties, such as the implied warranty of merchantability (in other words, the product must do what it is reasonably supposed to do).

• Provides for Consumer Remedies and Legal Fees in Successful Claims:If a manufacturer fails to honor a warranty, consumers can file a lawsuit under the Magnuson-Moss Act. If the consumer wins, the manufacturer may be required to:

  • Pay for the consumer’s actual damages.

  • Replace or repair the defective product.

  • Cover attorney’s fees and court costs, making it more accessible for consumers to pursue claims without worrying about legal expenses.

Key Differences Between Magnuson Moss and Song Beverly

The primary difference between the Magnuson Moss Warranty Act and the Song Beverly Consumer Warranty Act lies in their scope and specific protections.

Scope of Coverage:

• California Lemon Law (Song-Beverly Act):This is a state-specific law that focuses primarily on motor vehicles - including cars, trucks, and SUVs - purchased or leased in California and does afford protection for some other consumer products. This California law covers both new and certain used vehicles, and some vehicles used for business purposes, still under the manufacturer’s warranty.

• Magnuson-Moss Warranty Act:This is a federal law with a broader reach, applying to all types of consumer products sold with a written warranty. It protects not just vehicle buyers, but also consumers purchasing appliances, electronics and other major goods nationwide.

Consumer Protections:

Both laws offer valuable protections, but there are key differences:

✅ Under the California Lemon Law, consumers may be entitled to:

• A replacement vehicle or full refund if the vehicle qualifies as a lemon.

• Recovery of incidental expenses, such as towing or rental car costs.

• Attorney’s fees, paid by the manufacturer if the lemon claim is successful.

✅ Under the Magnuson-Moss Warranty Act, consumers may:

• Sue for damages if a warrantor fails to meet their written warranty obligations.

• Seek repair, replacement, or refund for the defective products.

• Recover attorney’s fees and court costs upon winning the case, making legal action more accessible.

A Quick Comparison: California Lemon Law vs. Magnuson-Moss Warranty Act

While both laws provide strong consumer protections, choosing the right one depends on the type of product involved and the specific details of your warranty situation. Understanding these differences is the first step toward securing the remedy you deserve.

Feature	California Lemon Law (Song-Beverly)	Magnuson-Moss Warranty Act
Scope	State law (California only)	Federal law (nationwide)
Primary Focus	New and certain used vehicles, certain business vehicles, and some other consumer prodocts.	All consumer products with warranties
Key Protections	Replacement, refund, attorney’s fees	Repair, replacement, refund, attorney’s fees
Best Used For	Defective vehicles under warranty	Defective products of any kind under warranty
Eligibility Requirements	Vehicle purchased or leased in CA under warranty	Product with written warranty anywhere in the U.S.

📌 If a defective product causes serious bodily injury or other harm, both laws may also offer extended protections or grounds for additional legal claims.

Steps to Take If You Suspect a Warranty Breach

If your vehicle or product isn't living up to the promises made in its warranty, it is important to act quickly and follow the proper steps to preserve your rights. Here’s what to do if you suspect a warranty breach:

1. Document the Issues

Keep a complete and organized record of everything related to the defect:

• Log every issue or malfunction, noting how it affects the vehicle’s use, value or safety.

• Save repair orders, invoices and service notes from each visit to the dealership or repair facility.

• Track dates and the duration of each repair attempt and how long the vehicle or product was out of service.

📌 Top Tip: Detailed documentation is often the difference between a successful claim and a denied one. Here are the top 5 reasons Lemon Law cases fail.

2. Notify the Manufacturer

Before filing a claim, you now must notify many manufacturers about the defect:

• Send a formal written notice (preferably via certified mail or email) describing the issue and referencing your warranty period and coverage.

• Give the manufacturer a reasonable number of chances to repair the problem, as required by both the California Lemon Law and the Magnuson-Moss Warranty Act.

📌 This step is a necessary part of proving that the manufacturer was given a fair opportunity to fix the problem and failed to do so.

3. Filing a Claim

Once repair attempts have been unsuccessful, you may be eligible to file a Lemon Law claim:

• Under the Song-Beverly Consumer Warranty Act, if the defect persists and meets the legal definition of a “lemon,” you may be entitled to a replacement vehicle or a full refund, along with other fees and expenses and reimbursement of your attorney’s fees.

• Under the Magnuson-Moss Warranty Act, a similar process applies, covering a broader range of consumer products. If repairs fail, consumers can seek compensation through arbitration or litigation, potentially including a refund, replacement or other damages.

📌 Important: There are time limits (statutes of limitations) for filing warranty claims under both laws, so it is critical to act promptly.

4. Seek Legal Advice

Navigating a lemon law or federal warranty claim can be complex. An experienced and specialized attorney can:

• Evaluate your case and help determine which law offers the strongest protection.

• Handle communications with the manufacturer or dealership.

• Guide you through settlement, arbitration, or litigation and help ensure you receive all remedies you are entitled to - including legal costs, when applicable.

Choose The Beck Law Office to Represent Your Rights

Have you got a lemon vehicle on your hands, or maybe your warranty claim has been denied, or your dealer is trying to pull the wool over your eyes? When manufacturers or dealerships don't honor their obligations, you need an advocate who knows how to fight back and win.

At The Beck Law Office, we are proud to be a trusted California Lemon Law firm with a proven track record of protecting consumers across the state. With over a decade of exclusive focus on California Lemon Law cases, we have successfully resolved hundreds of claims, holding auto manufacturers accountable and ensuring our clients receive the compensation they deserve.

✅ Experience You Can Rely On

We know the tactics manufacturers often use to delay, deny, or undercut valid warranty claims - and we know exactly how to overcome them. Our extensive experience means we can spot loopholes before they cause problems, and we build strong, strategic cases that give our clients the best possible chance of success.

✅ Staying Ahead of California Lemon Law Changes

At The Beck Law Office, we pride ourselves on staying at the forefront of legal developments.We are fully informed about the latest updates to California’s Lemon Law, including the significant amendments taking effect from April 1, 2025. By keeping current with every change in the law, we ensure that every case we handle is built on the strongest, most up-to-date legal protections available - maximizing your chances for a successful outcome.

✅ A Personal, Client-First Approach

At The Beck Law Office, our clients are more than just a case number. We take the time to truly understand your situation, explain your options in plain language and communicate clearly at every step of the process. Whether your case is resolved through strategic negotiation or requires aggressive litigation, we are with you fighting for your best outcome.

Contact Us Today

If you are stuck with a defective vehicle or believe your warranty rights are being ignored, don't wait.The sooner you act, the stronger your case can be. Contact us today for a free initial consultation and we will help you take the next step with confidence.

Choose a legal team that truly cares about protecting your rights.