What Is Breach of Warranty?
A breach of warranty claim arises when a product or service fails to meet the standards promised by the seller, manufacturer, or service provider. In California, warranty protections are robust — the state provides both statutory warranties under the Uniform Commercial Code and enhanced consumer protections under the Song-Beverly Consumer Warranty Act (California's "Lemon Law"). When a product is defective, does not conform to its description, or fails to perform as promised, the buyer has powerful legal remedies.
If you are dealing with a defective product or warranty dispute in San Jose, San Francisco, Oakland, Silicon Valley, or anywhere in Santa Clara County, the attorneys at RV Litigation Group PC can help. We represent consumers and businesses in warranty claims involving automobiles, electronics, appliances, construction materials, software, and commercial goods of all kinds.
Warranty claims in California arise from several distinct legal sources. The California Commercial Code (sections 2313-2316) provides for express warranties (promises made by the seller about the product) and implied warranties (the implied warranty of merchantability and the implied warranty of fitness for a particular purpose). The Song-Beverly Consumer Warranty Act (Civil Code 1790-1795.8) provides enhanced protections for consumers, including a civil penalty of up to twice the amount of damages for willful violations and mandatory attorney fees for prevailing consumers. The federal Magnuson-Moss Warranty Act provides additional remedies for consumer products.
At RV Litigation Group PC, we analyze every warranty claim under all applicable legal frameworks to identify the strongest claims and maximize our clients' recovery. We handle everything from individual defective product cases to complex commercial warranty disputes involving millions of dollars in defective goods.
What the Law Says
Commercial Code 2313 — Express Warranties
"Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description." — California Commercial Code Section 2313
Express warranties are created by the seller's affirmations, promises, descriptions, or samples. Importantly, the seller does not need to use the words "warranty" or "guarantee" — any statement of fact about the product that becomes part of the basis of the bargain creates an express warranty. This includes statements in advertising, product packaging, sales presentations, and contractual specifications. If the product fails to conform to any express warranty, the buyer has a claim for breach of warranty.
Civil Code 1791.1 — Song-Beverly Implied Warranty
"Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable." — California Civil Code Section 1791.1
The Song-Beverly Act provides that every sale of consumer goods at retail in California carries an implied warranty of merchantability. This warranty cannot be disclaimed in consumer transactions — unlike under the Commercial Code, where implied warranties can sometimes be excluded. Under the Song-Beverly Act, if a consumer product is defective, the manufacturer must repair, replace, or refund the purchase price. If the manufacturer fails to do so after a reasonable number of attempts, the consumer can bring a claim for damages plus a civil penalty of up to twice the amount of damages for willful violations.
Civil Code 1794 — Song-Beverly Damages & Attorney Fees
"If the buyer establishes that the failure to comply was willful, the judgment may include... a civil penalty which shall not exceed two times the amount of actual damages... the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred." — California Civil Code Section 1794
Section 1794 provides the teeth of the Song-Beverly Act. A consumer who prevails on a Song-Beverly claim is entitled to actual damages, a civil penalty of up to 2x the actual damages (if the manufacturer's failure was willful), and reasonable attorney fees. The attorney fees provision is critical — it makes it economically feasible for consumers to bring warranty claims even when the individual damages might not otherwise justify the cost of litigation. The willfulness penalty is commonly awarded when the manufacturer has knowledge of a widespread defect but fails to remedy it.
Real-World Examples
These scenarios illustrate how breach of warranty commonly arise in the Bay Area:
A San Jose consumer purchases a new vehicle for $55,000. Within the first year, the vehicle exhibits a persistent transmission defect that the dealer cannot repair despite four attempts. The consumer files a Song-Beverly Act claim seeking a refund of the purchase price plus incidental damages. Because the manufacturer was aware of the transmission defect in this model but continued selling the vehicles without disclosure, the court awards a 2x civil penalty — bringing the total recovery to approximately $165,000 plus attorney fees.
An Oakland manufacturer purchases $500,000 worth of industrial components from a supplier, relying on the supplier's specifications and quality certifications. The components fail to meet the specified tolerances, causing production delays and $300,000 in lost revenue. The manufacturer brings a breach of express warranty claim under Commercial Code 2313, seeking the cost of replacement components, lost profits, and incidental damages.
A San Francisco consumer purchases a high-end refrigerator that develops a compressor failure within six months of purchase. The manufacturer sends a repair technician three times, but the problem persists. The consumer requests a replacement, but the manufacturer offers only continued repairs. The consumer files a Song-Beverly claim for replacement or refund, plus the 2x willfulness penalty and attorney fees, arguing the manufacturer has had a reasonable number of repair attempts.
A Silicon Valley contractor purchases roofing materials with a 30-year warranty from a distributor. After installation on a commercial building, the materials fail within two years, causing water damage to the building's interior. The building owner sues the contractor, and the contractor cross-complains against the distributor for breach of express warranty (the 30-year warranty) and breach of implied warranty of merchantability (the materials were not fit for their ordinary purpose).
What's at Stake
Warranty claims can result in significant recoveries, particularly under the Song-Beverly Act, which provides for civil penalties and mandatory attorney fees in consumer cases.
| Warranty Type | Source | Recoverable Damages | Key Features |
|---|---|---|---|
| Express Warranty | Commercial Code 2313 | Cost to repair/replace, consequential damages, lost profits | 4-year SOL; cannot disclaim in consumer sales |
| Implied Merchantability | Commercial Code 2314, CC 1791.1 | Repair, replace, or refund; consequential damages | Cannot disclaim in consumer sales under Song-Beverly |
| Implied Fitness | Commercial Code 2315 | Difference in value, consequential damages | Buyer must rely on seller's expertise |
| Song-Beverly (Consumer) | CC 1790-1795.8 | Actual damages + up to 2x penalty + attorney fees | Consumer goods only; willfulness penalty |
| Magnuson-Moss (Federal) | 15 USC 2301+ | Actual damages + attorney fees | Consumer products with written warranties |
Manufacturer's duty to repair: Under the Song-Beverly Act, manufacturers must maintain sufficient service and repair facilities to carry out the terms of their warranties. When a consumer product is defective, the manufacturer must repair, replace, or refund the product. If the manufacturer cannot repair the defect after a reasonable number of attempts, the consumer is entitled to a replacement or refund. What constitutes a "reasonable number" depends on the nature of the defect, but California courts have generally held that two to four repair attempts is sufficient to trigger the replacement/refund obligation.
How We Help
At RV Litigation Group PC, we handle warranty claims from initial demand through trial and judgment collection. Our approach combines thorough product analysis with aggressive enforcement of warranty rights.
1. Warranty Analysis
We review all applicable warranties — express warranties, implied warranties, written manufacturer warranties, and extended service contracts — to identify every viable claim. We analyze the product specifications, the nature of the defect, the repair history, and the manufacturer's response to determine the strongest legal theory and the maximum available recovery.
2. Demand & Negotiation
We send detailed demand letters to manufacturers and sellers that identify the specific warranty violated, document the defect and repair history, and demand appropriate relief — repair, replacement, refund, or damages. Many warranty disputes resolve at the demand stage when the manufacturer recognizes that litigation will result in the 2x penalty and attorney fees under the Song-Beverly Act.
3. Song-Beverly Act Claims
We prosecute Song-Beverly Consumer Warranty Act claims on behalf of California consumers. We document the defect, the repair attempts, and the manufacturer's failure to comply with its warranty obligations. We pursue the full range of Song-Beverly remedies, including a refund or replacement, the 2x civil penalty for willful violations, and attorney fees. Our focus is on building a record that supports the willfulness penalty.
4. Commercial Warranty Litigation
For business-to-business warranty disputes, we litigate claims under the Commercial Code. We pursue damages for the cost of replacement goods, lost profits, incidental and consequential damages, and the benefit of the bargain. We also defend sellers and manufacturers against warranty claims, asserting defenses such as failure to give timely notice of breach, improper use, and contractual limitations on remedies.
5. Expert Analysis
Many warranty cases require expert analysis to prove that the product is defective and to quantify damages. We work with engineers, product testing laboratories, and industry experts to evaluate defective products, identify the cause of failure, and present compelling expert testimony. Expert analysis is particularly important in cases involving complex products such as vehicles, electronics, and industrial equipment.
6. Magnuson-Moss Claims
For consumer products sold with written warranties, we pursue claims under the federal Magnuson-Moss Warranty Act in addition to state law claims. Magnuson-Moss provides for actual damages and attorney fees and can be filed in federal court when the amount in controversy meets the jurisdictional threshold. Combining state and federal warranty claims maximizes the available remedies.
Frequently Asked Questions
An express warranty is a specific promise or affirmation made by the seller about the product — such as a statement that the product will last a certain number of years or perform in a specific way. An implied warranty arises automatically by operation of law — the implied warranty of merchantability means the product is fit for its ordinary purpose, and the implied warranty of fitness means the product is suitable for the buyer's particular purpose.
The Song-Beverly Act (Civil Code 1790-1795.8) is California's consumer warranty law, often called the Lemon Law. It requires manufacturers to repair, replace, or refund defective consumer goods. If the manufacturer willfully fails to comply, the consumer can recover a civil penalty of up to twice the actual damages plus mandatory attorney fees.
There is no fixed number, but California courts have generally held that two to four repair attempts for the same defect is sufficient to trigger the manufacturer's obligation to replace or refund the product under the Song-Beverly Act. The key factor is whether the manufacturer has had a reasonable opportunity to repair the defect.
For consumer goods sold at retail, implied warranties cannot be disclaimed under the Song-Beverly Act. For commercial transactions between businesses, implied warranties can be disclaimed or limited if the disclaimer is conspicuous and uses specific language required by Commercial Code 2316.
Under the California Commercial Code, the statute of limitations for breach of warranty is four years from the date of tender of delivery (Commercial Code 2725). Under the Song-Beverly Act, the limitations period is generally four years from the date of the breach. The Magnuson-Moss Act follows state law limitations periods.
