What can I do if a company won't give me a refund for a defective product?

What the Law Says

California law strongly protects consumers who buy defective products. The Song-Beverly Consumer Warranty Act (also called the California Lemon Law for goods) requires sellers to honor express and implied warranties — and gives you clear remedies when they fail.

If a product is defective and doesn’t conform to the seller’s written (express) warranty, or fails to meet basic standards of merchantability (implied warranty), the seller must, at your option, repair, replace, or refund the purchase price.

The law applies to new and used consumer goods sold in California — including electronics, appliances, furniture, and vehicles (though vehicles have additional lemon law rules). It does not apply to services or real estate.

You must notify the seller of the defect within a reasonable time — generally while the warranty is still in effect. For implied warranties, California law presumes they last at least 2 years from the date of purchase unless a shorter period is clearly stated in writing and is reasonable.

Statutory Text

Where a new motor vehicle does not conform to the express warranties… the manufacturer… shall either replace the new motor vehicle… or accept return of the vehicle and refund the full purchase price…

— Civil Code § 1793.2(d)(1) — Remedies for nonconformity

Statutory Text

Every sale of consumer goods… includes an implied warranty that the goods are merchantable…

— Commercial Code § 2314 — Implied warranty of merchantability

Statutory Text

Any action… for breach of any obligation… arising under this chapter must be commenced within four years after the cause of action accrues.

— Civil Code § 1795.8 — Limitation of actions

What Courts Have Said

California courts have consistently upheld consumers’ rights to refunds and full remedies under Song-Beverly — especially when sellers ignore repeated repair attempts or unreasonably delay resolution.

What to Do

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