Article 3Effect of Liens
Section § 1792
When you buy products at a store in California, they automatically come with an unspoken guarantee from both the manufacturer and retailer that they are fit for sale and work properly, unless this guarantee is clearly denied in a specific way. If the retailer is held responsible for a defective product, they can seek compensation from the manufacturer.
Section § 1792.1
In California, when a manufacturer sells consumer goods in retail knowing they are meant for a specific purpose, and the buyer is depending on the manufacturer's expertise to pick the right goods, the sale comes with a promise that the goods are fit for that purpose. This promise is called an 'implied warranty of fitness.'
Section § 1792.2
This law says that when you buy something in a California store, and the seller knows you want it for a specific purpose, they are promising that it will work for that use. Also, when you buy assistive devices, like hearing aids or wheelchairs, the seller guarantees that it will suit your personal needs.
Section § 1792.3
This law section says that when you buy something, the seller generally can't skip out on guaranteeing it's fit to use, unless they're selling it "as is" or with all its issues, and they must strictly follow the rules for making that kind of sale.
Section § 1792.4
If you're buying something that's sold "as is" or "with all faults," the seller can't just skip giving you certain basic guarantees unless they inform you clearly, in writing, before you buy. This writing has to explain that the product might not work properly, and you’re taking on all risks and repair costs if it doesn’t. For mail-order sales, this information must be included in the catalog.
Section § 1792.5
This law means that when you buy something 'as is' or 'with all faults,' you're agreeing that you're giving up the usual protection that the item must be fit for its general purpose. Essentially, you can't claim it should work perfectly if it's sold under these terms.
Section § 1793
This law says that manufacturers, distributors, or retailers can still offer their own written guarantees on products, known as express warranties. However, they cannot change or waive the basic implied warranties that buyers automatically get by law when they sell these consumer goods.
Section § 1793.01
This law says that manufacturers, distributors, or retailers cannot start a warranty period for a product before it's actually delivered to the customer. However, any warranties made before July 1, 2023, are not affected by this rule.
Section § 1793.02
This law states that when you buy an assistive device in California, such as hearing aids, the seller must give you a written warranty. This warranty guarantees that the device should meet your specific needs. If it doesn't, you have the right to return it within a set time—30 days for most devices and 45 days for hearing aids. The seller must then fix it, replace it, or refund your money. The warranty must be clear and bold, so you can see it easily. This law ensures that if the device doesn't work as promised, you can get your money back without any extra fees. There are some exceptions, like sales under $15 or dental implants, which are not covered by this law.
Section § 1793.025
If you buy or lease a new or used wheelchair, it must come with a written warranty saying it's free from defects. New wheelchairs have at least a one-year warranty, while used or refurbished ones have at least a 60-day warranty. Even if you don't get the written warranty, it's assumed to be there. If a problem occurs during the warranty period and can't be fixed after several tries, or if the wheelchair is out for repair for more than 30 days, it can't be resold without telling the next buyer about the past issues. If your wheelchair is being fixed for over 24 hours, you should get a temporary replacement, but it should not cost you more than the provider's cost. This law doesn't cover wheelchairs designed for sports or off-road use.
Section § 1793.03
If a manufacturer offers a warranty on certain electronics or appliances priced between $50 and $99.99, they need to provide repair shops with necessary repair information and parts for at least three years after the product is made. For products priced at $100 or more, they must offer these resources for at least seven years. This applies to products described in specific subdivisions of another section.
Section § 1793.05
Section § 1793.1
If you buy something with a warranty in California, this law ensures you can understand the warranty terms and know who offers them. Companies selling goods must provide warranty terms in plain language and meet federal guidelines. If there are warranty registration cards or forms, they should clearly mention they’re for registration only, and not completing them won't affect your warranty rights. Anytime you get warranty service, you should receive a statement explaining your right to service and any time extensions due to repairs or delays. Businesses should give contact info for places you can get repairs. Some rules in this section don't apply to cards printed before January 1, 2004.
Section § 1793.2
This section outlines the responsibilities of manufacturers who sell consumer goods with warranties in California. Manufacturers must have sufficient repair facilities in the state or authorize independent shops to handle warranty repairs. If a manufacturer's goods need repair because they don't meet warranty promises, repairs should start promptly, ideally within 30 days unless delayed by unforeseen issues. If problems persist after several repair attempts, manufacturers must replace or refund the purchase, taking into account prior usage. If goods can't be easily returned due to their installation or attachment, manufacturers must arrange for repairs. If goods can't be serviced due to being part of real estate, manufacturers must replace or refund them. New motor vehicle buyers have specific rights, including choices between replacement and refund under lemon laws.
Section § 1793.22
This law is known as the Tanner Consumer Protection Act and relates to ensuring that new cars meet their warranties. If a new motor vehicle has not been fixed after a reasonable number of repair attempts, the buyer may have certain rights. These rights include returning the car if it's not safe or if it spends too much time in the shop. The law says you can assume there have been enough attempts to fix the car if it meets specific conditions, like being in the shop for 30 days or experiencing the same problem multiple times. Buyers are encouraged to use a third-party dispute process before taking further legal action, and manufacturers must comply with decisions from this process if accepted by the buyer. Additionally, definitions are provided for terms like 'nonconformity' and 'new motor vehicle,' and there are rules about selling vehicles that were returned under these circumstances to ensure the defect is disclosed and fixed.
Section § 1793.23
This law is known as the Automotive Consumer Notification Act and is designed to protect car buyers by ensuring they are informed about the history of a used vehicle. If a manufacturer or dealer takes back a car because it couldn't be fixed to meet warranty standards, they must label it as a 'Lemon Law Buyback' on the vehicle's title, which alerts buyers about the car's past issues. Before selling such a vehicle, they must provide a disclosure notice to the new buyer, who must acknowledge it in writing. This ensures transparency and helps buyers make informed decisions. Additionally, these disclosure rules are in addition to other consumer protection laws, not a replacement.
“THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE NOTATION ‛LEMON LAW BUYBACK’.”
Section § 1793.24
This law requires car manufacturers to create a notice for any vehicles they buy back because of defects, known as "Lemon Law Buybacks." The notice must include details like the year, make, model, and vehicle identification number, whether the title says "Lemon Law Buyback," and information on the problems reported and repairs attempted. This notice must be printed on a specific-sized form using clear black text on a white background. Manufacturers must provide this notice to anyone who gets the vehicle before it is sold to a new buyer, ensuring they know the vehicle's history.
Original Owner
Correct Reported Problem(s)
Signature of Retail Buyer or Lessee
Date
Section § 1793.25
This law explains how California handles tax reimbursements for car manufacturers that replace or refund defective vehicles under the state's lemon law. If a manufacturer gives a replacement vehicle or refunds money, they can get reimbursed for sales or use tax they've paid on behalf of the buyer, lessee, or retailer as long as they provide proof all taxes were paid. The law makes clear that it's about reimbursing taxes, not changing tax law itself. The State Board of Equalization, which manages such processes, can create rules to ensure everything is followed properly and manufacturers' claims are handled under specific tax provisions.
Section § 1793.26
This law makes it illegal for car manufacturers, importers, distributors, dealers, or lienholders in California to force car owners to keep quiet about problems with their vehicles when the cars are bought back. They can't include confidentiality or gag clauses about the vehicle's issues or the nonfinancial terms of the buyback in any agreements. If such clauses are included, they are invalid according to state policy. However, confidentiality about the financial terms of the buyback is still allowed.
Section § 1793.3
This law section explains what buyers can do if a manufacturer doesn’t provide necessary repair services for faulty goods under warranty. If the manufacturer hasn't set up repair centers or provided enough parts for repairs, a buyer can choose one of three options: return the goods to the original or any retailer (who must repair, replace, or refund), or use an independent repair facility at the manufacturer's expense, if reasonably possible. The manufacturer must inform the buyer about these options when the goods cost $50 or more. Retailers might also have to cover transport costs when collecting and returning bulky items, which they can reclaim from the manufacturer.
Section § 1793.35
If you buy clothing or consumable goods with a written warranty and they don't meet the warranty terms, you can return them within 30 days or the warranty period, whichever is longer. The warranty might tell you to return the items to any store that sells the same brand for a replacement. If you return such items because they don't match the warranty, the store must replace them if the warranty says so. If not, the store can choose to either replace the items or give you your money back. Stores can get reimbursed by the manufacturer for these returns. For draperies without a warranty but with clear writings that the store won't guarantee the fabric quality, the usual guarantee on the fabric doesn't apply.
Section § 1793.4
If a buyer opts for service and repair, it should start promptly and be completed within 30 days unless the buyer agrees otherwise. Delays beyond the seller's control can extend this timeframe, but the seller must finish the repair as soon as the delay ends.
Section § 1793.5
This law explains how a product manufacturer in California who offers express warranties but doesn't have repair or service facilities in the state is financially responsible to the retail sellers of their products. Specifically, if a retail seller replaced goods under warranty, the manufacturer must pay them back for the actual replacement cost, transportation, and a handling fee. If the retailer performed service and repairs, the manufacturer has to pay what the retailer would usually earn from non-warranty services, including costs of repairs, transportation, and a reasonable profit. Lastly, if the seller reimbursed a buyer under warranty, the manufacturer must cover that amount plus a handling fee.
Section § 1793.6
This law states that manufacturers who offer express warranties for their products are responsible for paying independent service and repair facilities for work done under the warranty. This includes covering costs for repairs, parts, transportation, and a reasonable profit. It's assumed that the reasonable repair cost is what the facility usually charges non-warranty customers unless proven otherwise. Manufacturers can't make agreements that waive this responsibility—they're not valid.
Section § 1794
If you buy consumer goods and suffer damage because someone didn't meet their legal obligations or the terms of a warranty, you can sue for damages and other relief. If they were willful about not complying, you could get a penalty up to twice your actual damages, but this doesn't apply in class actions or to only implied warranty breaches. If you win your case, you can also recover your legal costs and attorney's fees. Furthermore, if the manufacturer has a dispute resolution process that meets certain standards, they might avoid penalties, but you must notify them in writing to push for resolution. If satisfied promptly, they can avoid the penalty.
Section § 1794.1
This law says that if a retail seller or an independent serviceman who deals with consumer goods is harmed by someone repeatedly or intentionally breaking this chapter's rules, they can sue for money. If they win, they can get three times the amount of their actual losses, plus the cost of hiring a lawyer.
Section § 1794.3
Section § 1794.4
This law section says that a service contract can be sold to a buyer along with or instead of a regular warranty, as long as it's written in clear language about what's included and excluded. It details what has to be in a service contract, including product information, terms of coverage, how long it lasts, and how to cancel it. The service contracts should also provide necessary repairs without extra charges for as long as the contract is active. Specific rules are outlined for month-to-month contracts, especially regarding cancellation and refunds. Service providers can cancel contracts only under certain conditions, such as non-payment or fraud. The section also specifies that these rules apply to home appliances and electronics bought after certain dates, and some changes to the law apply to contracts made after January 1, 2022.
Section § 1794.41
This law sets the rules for service contracts on motor vehicles, home appliances, or home electronics sold in California. The contract must include certain disclosures and be available for buyers to inspect before purchase. Buyers must receive the contract within 60 days of purchase, or within 30 days if sold over the phone. These service contracts cover costs not under the manufacturer's warranty but can overlap if they offer additional benefits. Buyers can cancel their contract within certain timeframes for a full or pro-rated refund, depending on whether they haven't, or have, made claims. Sellers can charge a small cancellation fee. If the service contract was financed, the refund can be paid to the buyer or lender. Home protection plans from specific companies are not covered under this rule, and if this section conflicts with insurance law, insurance rules prevail.
Section § 1794.45
If you're a retailer selling a service contract, you have to either keep the contract details handy and share them with the buyer or their beneficiary if they ask, or if they request a copy of the contract, you must provide it within 10 business days. This rule doesn't apply to vehicle service contracts.
Section § 1794.5
This law allows manufacturers who provide express warranties the flexibility to recommend ways to service and repair products. These recommendations can be different from the ones specified in this chapter, as long as they stay within the warranty's terms and conditions.
Section § 1795
This law says that if a person or company other than the manufacturer of a product gives a warranty, they have the same responsibilities as the manufacturer under the warranty laws. Basically, they're held to the same standards.
Section § 1795.1
This law relates to any part of a system, like heating or cooling equipment, that helps control air temperature or quality. However, the rest of the system isn’t covered when it’s permanently installed in a building.
Section § 1795.4
This section explains the rules for leasing new and used consumer goods in the context of warranties. When express warranties are typically given to buyers of similar goods, those warranties apply to leased goods too. Both the person leasing the goods and the manufacturer have the same rights and responsibilities as if the goods were bought outright. If goods come from the lessor's inventory, the lessee has the same rights as a buyer would against the lessor. If the goods are not from inventory, the lessee can assert rights against the seller who supplied the goods to the lessor. Lessors can disclaim warranties for re-leased goods if they clearly state this in the lease. Both the lessor and the seller can pursue the same claims against manufacturers as they would in a sales scenario.
Section § 1795.5
If you're selling used consumer goods with a warranty, you have the same responsibilities as the original manufacturer, except: you must have repair facilities available in California; a specific rule doesn’t apply to used goods; the warranty can't be shorter than 30 days or longer than three months unless stated otherwise and has to match any express warranty; and these obligations apply to all used goods sold, no matter when they were made.
Section § 1795.51
If you're buying or leasing a used car from a 'buy-here-pay-here' dealer in California, they must give you a written warranty that lasts at least 30 days or 1,000 miles, whichever comes first. This warranty covers a range of important parts and systems, including the engine, brakes, and transmission. If something goes wrong, the dealer must fix it at no cost to you or offer a full refund minus any damage not caused by the issue covered under warranty. The car must also meet certain safety equipment requirements before being sold or leased. Any attempt by the dealer to limit these rights is not allowed. If they don't give you the warranty as required, they're legally considered to have done so anyway.
Section § 1795.6
This law covers warranty periods for consumer goods sold for $50 or more. If you return a product for repair or notify the manufacturer of a problem, the warranty is paused until you get the item back fixed. For hearing aids, the pause ends when the fixed item is returned or five days after you're notified it's ready, whichever comes first. The warranty doesn't end if repairs are delayed beyond your control or if repairs don't fix the problem, as long as you notify the manufacturer within 60 days. Sellers must provide receipts showing purchase dates and service details, and for hearing aids, they must include adjusted warranty dates when you receive the repaired item.
Section § 1795.7
This law states that if a product's warranty, either express or implied, is paused because a retailer is making repairs, the warranty time is extended. During this extended time, the manufacturer must remain responsible for the warranty obligations to the retailer. Essentially, if the warranty gets longer due to repairs, the manufacturer still has to back the product's quality during this extra time. If a manufacturer uses both its own repair centers and independent ones in the state, it is responsible to those centers for the warranty obligations during this extended period.
Section § 1795.8
This California law says that members of the Armed Forces can take advantage of certain protections when buying a vehicle under a manufacturer's warranty, no matter where they buy or register the vehicle in the U.S. Two conditions must be met: they must buy the vehicle from a manufacturer or a dealer who sells cars in California, and they must have been stationed in or living in California at either the time of purchase or when they file a legal action related to the purchase.
Section § 1803.1
This law requires that a retail installment contract must be written, dated, and the printed text should be no smaller than eight-point type.
Section § 1803.10
Section § 1803.11
This law makes it illegal for a seller to encourage buyers through advertising to get a retail installment contract if the seller doesn't plan to sell that contract to a financing agency or someone else. However, if the seller does this, they must clearly list the interest rates as annual percentage rates that will apply to the contract.
Section § 1803.2
This law states that every retail installment contract must be in a single document that clearly outlines the payment terms and costs for goods and services. It must include any related promissory notes or debts. If the contract involves a security interest (meaning an asset is used as collateral), it should say “Security Agreement” at the top. If not, it should say “Retail Installment Contract.” If there’s a security interest in real estate, a warning must be included about the risk of losing the property if payments are missed. Contracts must also notify buyers about prepayment options and any associated finance charge refunds, using specific methods like precomputed or simple interest for calculations. These rules took effect on October 1, 1995, but the format could be used earlier to comply with previous legislation changes.
Section § 1803.3
Contracts must include specific details about both parties (buyer and seller), and clearly describe the goods or services involved. They must also include required financial disclosures, even if not legally required by another regulation, which must be presented in certain formats. These disclosures include breakdowns of cash prices, taxes, premiums, any administrative finance charges, and downpayment details. If the finance charge is calculated in a particular way, like simple-interest, the contract needs to explain how any unearned charges will be handled if the loan is prepaid. Insurance included in the financing must also be itemized, showing what coverage there is and how much it costs. Any agreements involving trade-in property must clearly identify that property.
Section § 1803.4
Section § 1803.5
This law says if you're paying for insurance as part of a contract, the contract must state who will actually get the insurance – you or the seller. The charge for the insurance cannot be more than what the insurance company allows. If the seller is getting the insurance for you, they must send you proof of it within 45 days. If someone doesn't follow these rules, certain penalties from another insurance law might apply.
Section § 1803.6
This law allows a contract to include a penalty for late payments, known as a delinquency charge. If a buyer is late by at least 10 days, they may be charged up to $10, and if they're late by at least 15 days, they can be charged up to $15. Only one such charge can be applied per late payment, no matter how long it remains unpaid. If the buyer and seller have a written agreement to delay or extend payments, no delinquency charge applies. The contract may also require the buyer to pay reasonable collection costs if they move goods out of state without permission, fail to update their address, or don’t reply to the contract holder within 45 days of missing a payment.
Section § 1803.7
This law requires a seller to give the buyer a readable copy of the contract or any signed documents at the time of signing. If they don't, the buyer only has to pay the agreed price in cash. The contract must clearly show the buyer's acknowledgment of receiving a copy in at least 10-point bold type right above where the buyer signs. If the buyer acknowledges receiving the documents, it is usually assumed they were given correctly, unless proven otherwise. Also, if the contract holder provides these documents and instructs the buyer to notify them within 30 days if they weren't received, and the buyer doesn't object, it's assumed everything was done properly.
Section § 1803.8
This law talks about how retail installment sales can be handled when they are done by mail or phone, without a salesperson being directly involved. If a seller provides all the sale information clearly in a catalog that anyone can access, they don't have to give the buyer a contract copy right away as usually required. Instead, if there are any blanks in the contract, the seller can fill in these blanks using the catalog's prices and terms. The seller then has 15 days after shipping the goods to send the buyer a written statement detailing what's been added to the contract.
Section § 1803.9
This law states that if a buyer and seller agree that the buyer will finance the purchase through a loan, the buyer can cancel the sale if they can’t get the loan on reasonable terms despite trying. To do so, the buyer must notify the seller within three business days, and both parties must return any money or benefits exchanged.
Section § 2330
This law says that when an agent is acting on behalf of someone else (the principal), everything the agent does within the authority given to them is as if the principal is doing it themselves. So, any rights or responsibilities that come with those actions belong to the principal, not the agent.
Section § 2331
If someone is acting on your behalf under your authority, you are responsible for their actions even if they don't complete the task, as long as their actions are consistent with what you intended for them to do.
Section § 2332
If two people are working together, where one is the principal and the other is the agent, both of them are considered to know what the other knows. They are expected to share important information with each other if they are acting honestly and carefully.
Section § 2333
If someone acting on your behalf does more than they're allowed to do, you're only responsible for the actions they were actually permitted to take. Anything extra they did without permission doesn't count against you.
Section § 2334
This section explains that a person (the principal) is responsible for the actions of someone acting on their behalf (the agent) if it seems reasonable to believe the agent had the authority to act. However, this only applies to those who, acting in good faith and with reasonable care, took on a liability or gave something valuable based on that belief.
Section § 2335
When someone does business with an agent and trusts that agent to handle things, the agent's boss (the principal) is not responsible for payments or settlements that the agent correctly makes on behalf of the principal, as long as the principal didn't know the creditor wanted to hold them accountable instead of the agent.
Section § 2336
If you deal with someone not realizing they're actually acting on behalf of someone else (the principal), you can offset any claims the principal has against you with the claims you could have used against the agent before you knew they were acting as an agent.
Section § 2337
This law states that if an agent acts within their power and it's clear from the document that they intend to make the principal responsible, then the principal is indeed legally bound by it.
Section § 2338
This law explains that if a person (the principal) hires another person (the agent) to do work for them, the principal is responsible for any mistakes or wrongful actions that the agent makes while doing that work. This includes any failure by the agent to do things the way they were supposed to according to the principal's obligations.
Section § 2339
A person (called a principal) is not automatically responsible for any mistakes or bad actions by someone they hire (called an agent) unless the principal specifically allowed or approved these actions. This applies even if the agent was on the job at the time.
Section § 2888
This law means that even if there's an agreement saying otherwise, having a lien or a contract for a lien doesn't actually give someone ownership of the property involved. A lien only gives them a right to secure a debt, not a title to the property.
Section § 2889
This law states that any agreement that makes you give up property secured by a lien because you couldn't meet your obligations, or that stops you from reclaiming that property, is not valid.
Section § 2890
Just because a lien is created doesn’t mean that anyone has to do the task or obligation the lien is meant to secure. In other words, a lien doesn't automatically create an obligation for a person to act.
Section § 2891
Just because you have a claim, called a lien, on a property for a specific debt or obligation, it doesn't automatically give you the right to claim a lien on that same property for any other debts or obligations.
Section § 2892
If someone has a lien on property, they can't ask the property's owner to pay for any trouble or costs they encounter in dealing with that property, except in the same way someone borrowing it would under specific rules.