California lemon law claims rest on two kinds of warranties: express warranties, which are the written or oral promises a manufacturer makes about a product’s quality and performance (Civil Code § 1793.2); and implied warranties, which arise automatically by operation of law and include the implied warranty of merchantability and the implied warranty of fitness for a particular purpose (Civil Code § 1791.1). Both are protected by the Song-Beverly Consumer Warranty Act, and most California lemon law complaints plead both — express warranty breach for the manufacturer’s written promises, implied warranty breach as a backstop when express coverage is disputed.
Express Warranties
An express warranty is a specific promise about a product’s quality, performance, or characteristics, made by the manufacturer or seller. Under Civil Code § 1791.2, an express warranty is created by:
- A written affirmation of fact or written promise relating to the quality of the goods that becomes part of the basis of the bargain
- A description of the goods that becomes part of the basis of the bargain
- A sample or model of the goods that becomes part of the basis of the bargain
In motor vehicle sales, the express warranty is the manufacturer’s New Vehicle Limited Warranty (typically the bumper-to-bumper warranty plus the powertrain warranty), the Certified Pre-Owned warranty for CPO vehicles, and any supplemental warranties (emissions, battery, hybrid components, paint).
Express warranties are time- and mileage-limited (e.g., “3 years or 36,000 miles, whichever comes first”). Breach occurs when the vehicle has a defect covered by the warranty and the manufacturer cannot repair it within a reasonable number of attempts.
Implied Warranties
Implied warranties exist by operation of law — they apply to consumer goods sold in California whether or not the seller or manufacturer makes any explicit promise. Song-Beverly recognizes two:
Implied warranty of merchantability (§ 1791.1(a))
The product must be “fit for the ordinary purposes for which such goods are used.” For a motor vehicle, this means the vehicle must:
- Pass without objection in the trade under the contract description
- Be fit for the ordinary purpose of reliable transportation
- Be adequately contained, packaged, and labeled
- Conform to any promises or affirmations on the container or label
A vehicle that repeatedly stalls, fails to start, or cannot safely operate at highway speeds breaches the implied warranty of merchantability — even if the manufacturer’s express warranty has expired or never covered the specific defect.
Implied warranty of fitness for a particular purpose (§ 1791.1(b))
Where the buyer makes known to the seller a particular purpose for the goods, and relies on the seller’s skill or judgment to select suitable goods, there is an implied warranty that the goods will be fit for that purpose. Less commonly invoked than merchantability, but relevant when a consumer disclosed a specific need (towing capacity, off-road use, accessibility modifications).
Implied Warranty Duration
Civil Code § 1791.1(c) sets the duration of the implied warranty for consumer goods sold with an express warranty:
- Coterminous with the express warranty, but
- Not less than 60 days and not more than one year from delivery
For motor vehicles, this typically means the implied warranty runs for the first year of the manufacturer’s express warranty period. After that one-year cutoff, the consumer must rely on the express warranty alone.
Note: Some federal courts and recent California decisions have read the one-year limit differently in particular contexts, especially for latent defects. Consult a California lemon law attorney about the implications for your specific facts.
Why Most Lemon Law Cases Plead Both
Experienced California lemon law attorneys plead express warranty breach and implied warranty breach in the alternative because the two have different scopes and different evidentiary burdens:
| Feature | Express warranty | Implied warranty |
|---|---|---|
| Source | Manufacturer’s written warranty | Operation of law (§ 1791.1) |
| Duration | Per warranty terms (e.g., 3 yr / 36k mi) | Coterminous, max 1 year |
| Required showing | Defect covered by the warranty; reasonable attempts; failure to repair | Vehicle not fit for ordinary purpose |
| Lemon presumption applies | Yes (§ 1793.22) | No — but breach can still establish liability |
| Can be disclaimed | Manufacturer drafts | No — § 1792 limits disclaimer |
Disclaimers and “As-Is” Sales
Manufacturers and dealers cannot disclaim the implied warranty of merchantability on new consumer goods sold at retail in California (§ 1792). For used vehicles, dealers can sell “as-is” — but only with specific written disclosures, and only when no express warranty is offered. If any express warranty exists (manufacturer warranty still in effect, CPO warranty, dealer warranty), the implied warranty cannot be disclaimed.
The federal Magnuson-Moss Warranty Act § 2308 reinforces this rule: if any written warranty is issued, implied warranties cannot be disclaimed.
Practical Implications for Your Claim
- Within the first year: Both express and implied warranty claims are available. Plead both.
- After year one, within express warranty: Express warranty claim only.
- After express warranty: Implied warranty may still apply if defect manifested before warranty expired and you sought repair (subject to the four-year statute of limitations).
- Used vehicle sold “as-is”: Implied warranty disclaimed only if no express warranty was offered. Verify what the dealer actually promised.
Free California Lemon Law Case Review
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Frequently Asked Questions
What is the difference between an express and an implied warranty?
Express warranties are written or oral promises (the manufacturer’s warranty booklet). Implied warranties arise automatically by operation of law — merchantability (fit for ordinary purpose) and fitness for a particular purpose.
Does California Lemon Law apply if I only have an implied warranty?
Yes. Song-Beverly covers both. The lemon presumption (§ 1793.22) and § 1793.2 remedies require an express written warranty, but implied warranty breach is a separate cause of action with its own remedies.
How long does the implied warranty last in California?
Coterminous with the express warranty, but never less than 60 days and never more than one year from delivery (§ 1791.1(c)).
Can a dealer disclaim implied warranties?
Not on new consumer goods sold at retail (§ 1792). Used vehicles can be sold “as-is” only with specific disclosures and only when no express warranty is offered.