California Lemon Law liability falls on the manufacturer — not the selling dealer — for breach of the manufacturer’s express written warranty. The Song-Beverly Act § 1793.2 obligates the manufacturer to repair, repurchase, or replace. A dealer may still be liable separately for misrepresentation, fraud, or breach of an independent dealer warranty, and in some cases the dealer is liable as the manufacturer’s agent. Most California lemon law cases name the manufacturer as the sole defendant; secondary claims against the dealer are added when the dealer’s own conduct supports them.
Why the Manufacturer (Not the Dealer)
The Song-Beverly Act distinguishes between the manufacturer (who issues the express warranty) and the retailer (who sells the vehicle). The express warranty travels with the vehicle from the manufacturer to whichever consumer holds it. Repair-attempts at any authorized dealer count toward the lemon presumption against the manufacturer, regardless of where the vehicle was originally sold.
The dealer is the authorized service facility — performing repairs on the manufacturer’s behalf — but is not the warrantor. A consumer cannot demand a Song-Beverly buyback from the dealer; the demand goes to the manufacturer.
When Dealers Are Liable Separately
- Misrepresentation or fraud. Selling a damaged vehicle as “new,” concealing prior accident damage, or misrepresenting the warranty.
- Independent dealer warranty. A dealer-issued written warranty on a used vehicle (e.g., 30-day / 1,000-mile dealer warranty) is the dealer’s own obligation.
- Consumers Legal Remedies Act (CLRA). Deceptive practices in advertising or sale.
- Unfair Competition Law (UCL). Business and Professions Code § 17200 claims.
- As manufacturer’s agent. In limited circumstances, the dealer’s actions can bind the manufacturer.
Strategic Note: When to Sue Both
Some cases benefit from joining both manufacturer and dealer as defendants — for example, when the dealer concealed prior repair history or sold a manufacturer “buyback” vehicle without proper disclosure under § 1793.23. Joining the dealer triggers additional discovery rights against dealer records and may add Consumer Legal Remedies Act remedies. A California lemon law attorney evaluates whether dealer joinder strengthens the case.
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