Breach: 17. Breach of Implied Warranty of Merchantability Imposed by the Song - Beverly Consumer Warranty Act - “Lemon Law”

“Under the Song-Beverly Act, every retail sale of ‘consumer goods’ in California includes an implied warranty by the manufacturer and the retail seller that the goods are ‘merchantable’ unless the goods are expressly sold ‘as is’ or ‘with all faults.’” Mexia v. Rinker Boat Co., Inc., 174 Cal. App. 4th 1297, 1303 (2009); Cal. Civ. Code, §§ 1791.3, 1792.

Under . . . circumstances . . . which involve the sale of a used automobile, a breach of the implied warranty of merchantability imposed by the Song-Beverly Consumer Warranty is established by pleading and proving:

1. the plaintiff bought a used automobile from the defendant;
2. at the time of purchase, the defendant was in the business of selling automobiles to retail buyers;
3. the defendant made express warranties with respect to the used automobile; and
4. the automobile was not fit for ordinary purposes for which the goods are used.

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