US-CaliforniaWhat damages can I recover if a seller won't honor a warranty in California?
If a seller refuses to honor a warranty in California, you may recover the cost of repairs, replacement, diminution in value, incidental and consequential damages, and in some cases, civil penalties up to $10,000.
What the Law Says
California law provides strong remedies for consumers whose warranties are breached by sellers. The key statutes are the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790–1795.8) and the Magnuson-Moss Warranty Act (federal, but enforceable in CA courts). These laws cover both express and implied warranties on consumer goods.
Under the Song-Beverly Act, if a seller fails to repair or replace a defective product after a reasonable number of attempts (generally two to four), you may reject the product and demand a full refund or replacement. You may also sue for damages caused by the breach.
You can recover 'direct damages' — like the difference between the product’s value as warranted and its actual value (diminution in value), or the cost of necessary repairs. You may also recover 'incidental damages' (e.g., towing, rental car costs) and 'consequential damages' (e.g., lost wages, property damage) — unless the warranty expressly and conspicuously disclaims them.
If the seller's breach is willful, the court may award civil penalties up to $10,000 per violation under Civil Code § 1794(c). Additionally, successful plaintiffs are entitled to attorney fees and costs under § 1794(d).
Statutory TextIn an action brought pursuant to this section, the buyer may recover as damages any loss resulting from the breach of warranty, including incidental and consequential damages.
— Cal. Civ. Code § 1794(a) — Remedies for breach of warranty
Statutory TextThe court may award a civil penalty not to exceed ten thousand dollars ($10,000) for each willful violation of this chapter.
— Cal. Civ. Code § 1794(c) — Civil penalties
Statutory TextThe buyer shall be awarded court costs and attorney's fees if he or she prevails in an action brought pursuant to this section.
— Cal. Civ. Code § 1794(d) — Attorney's fees
What Courts Have Said
California courts have interpreted the Song-Beverly Act broadly to protect consumers and impose meaningful accountability on sellers who ignore warranty obligations.
Held that a single failed repair attempt may be enough to trigger the 'reasonable number of attempts' standard when the defect is severe and safety-related.
Confirmed that consequential damages — like lost wages due to vehicle breakdown — are recoverable unless clearly disclaimed in writing and conspicuous.
What to Do
Send a written demand to the seller describing the defect and requesting repair, replacement, or refund within 30 days.
Keep all records: purchase receipt, warranty documents, repair orders, correspondence, and receipts for related expenses.
If unresolved, file a claim in small claims court (up to $12,500) or hire a consumer attorney — many take cases on contingency under Song-Beverly fee-shifting.
For new vehicles, consider filing with the California Department of Consumer Affairs’ Auto Repair Consumer Services or the BBB Auto Line program.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.