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California Lemon Law: When You’re Entitled to a Refund or Replacement

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When a Product Can’t Be Fixed: Your Right to a Replacement or Refund Under California’s Lemon Law

You bought something new — maybe a car, an appliance, or another big-ticket item — and it came with a warranty. But now? It’s broken. You’ve taken it in for repairs again and again… and again.

At some point, enough is enough.

California’s Song-Beverly Consumer Warranty Act, better known as the Lemon Law, is designed to protect consumers when a product can’t be repaired within a reasonable number of attempts. When that happens, the manufacturer — or in some cases, the seller — is legally required to either replace the product or issue a refund (minus a deduction for the time the product was used).

So how do you know if you qualify for protection under the Lemon Law?

What You Have to Prove in a Lemon Law Claim

1. You Bought a Consumer Product for Personal Use

The law covers goods purchased for personal, family, or household use — not for business purposes. The product must have been purchased new from a seller or manufacturer, though certain used assistive devices (like wheelchairs or hearing aids) may also qualify.

2. The Product Came With a Warranty

The warranty may be in writing, even if it doesn’t use the word “warranty.” In some cases, a sample or model may count if there was an express promise that your product would conform to that example.

General marketing slogans like “top quality” or “best in class” don’t qualify — there has to be a specific promise about performance, reliability, or repair.

3. The Product Failed to Perform as Promised

Whether the item stopped working, didn’t match the example, or simply failed to meet the terms of the warranty, you must be able to show that the product didn’t do what the company said it would do.

4. You Gave the Company a Reasonable Opportunity to Fix It

This could mean bringing the product in for repair multiple times or providing written notice if repair wasn’t practical — for example, because the item was too large, dangerous, or installed in a way that made removal difficult.

5. The Company Had a Fair Number of Tries — and Failed

The law doesn’t define an exact number of attempts, but it must be reasonable under the circumstances. If a manufacturer can’t fix the problem after multiple chances, they’re considered to have failed their legal duty.

6. You Were Not Given a Replacement or Refund

If the company doesn’t fix the product, they’re obligated to either:

  • Replace it with a working version, or
     

  • Refund the purchase price, minus a deduction for how much the item was used before it failed.
     

If they don’t do either, they’ve violated your consumer rights under California law.

Additional Protections You Should Know

  • You don’t have to prove exactly why the product failed — only that it didn’t perform as it should have.
     

  • If the item was in repair for a long time, the warranty period may be extended.
     

  • You’re not required to keep the defective item — only to give the company a reasonable chance to fix it.
     

  • If repairs weren’t feasible and you provided written notice, that may still satisfy the legal requirement.
     

The Bottom Line

The Lemon Law exists to protect you from being stuck with a defective product that simply can’t be fixed. Once the company has had a fair opportunity to make things right and still hasn’t delivered, you have the right to demand a refund or replacement — no stalling, no excuses.

If they refuse? You may have a strong claim, and California law is firmly on your side.

About Molly Northrup

Molly Northrup plays a pivotal role at the Law Office of Daniel Horowitz, bringing unmatched depth in legal analysis, case development, and courtroom strategy. With a background in linguistics, an MBA from a top-tier international business school, and years of experience navigating complex criminal and civil litigation, Molly is a trusted legal mind clients turn to in their most critical moments.

Her work spans high-profile trials, sensitive investigations, and intricate legal disputes—where her judgment, precision, and strategic instincts have helped drive successful outcomes time and again.

If your case requires elite-level representation with a rigorous, detail-driven approach, contact the Law Office of Daniel Horowitz and benefit from the leadership of a legal team anchored by professionals like Molly and Daniel.