Breach Of Warranty in California Explained

A warranty is a promise about the quality, performance, or condition of goods that are sold. When that promise turns out to be false, or when the goods fail to meet a standard the law automatically attaches to the sale, the law calls it a breach of warranty. This article focuses on warranties in the sale of goods under California’s Commercial Code and the Song-Beverly Consumer Warranty Act. Warranty-like promises can also arise in service contracts or real estate transactions, but those are governed by different legal frameworks and are outside the scope of this guide.

A breach of warranty in California generally occurs when goods fail to meet the quality, performance, or condition that was promised, either explicitly or by operation of law. Depending on the type of warranty, the facts, and any applicable disclaimer, a buyer may be able to recover repair or replacement costs, a refund, the difference in value between what was promised and what was delivered, and in some cases incidental and consequential damages. Claims are generally governed by the California Commercial Code, and consumer purchases get additional protection under the Song-Beverly Consumer Warranty Act.

What Is a Breach of Warranty?

A breach of warranty generally does not require proof that the seller intended to deceive anyone or acted in bad faith. Unlike fraud claims, the focus is generally on whether the goods conformed to the applicable express or implied warranty, rather than whether the seller intended to deceive the buyer.

In California, warranty law for the sale of goods comes from two main sources:

California Commercial Code sections 2313 through 2317, which govern warranties in the sale of goods generally, business to business and business to consumer.
The Song-Beverly Consumer Warranty Act (Civil Code section 1790 et seq.), which adds specific protections for consumers who purchase goods for personal, family, or household use, most famously vehicles.

Types of Warranties in California

Express Warranty

An express warranty is created by a specific, factual statement, promise, description, or sample that becomes part of the basis of the deal. Under Commercial Code section 2313, no magic words like “warranty” or “guarantee” are required. A seller who states in writing, in an ad, or verbally during negotiations that a product “can lift 500 pounds” or “is fair-trade certified” has created an express warranty. Statements of pure opinion, such as “this is a great truck,” generally do not count.

Implied Warranty of Merchantability

Under Commercial Code section 2314, when the seller is a merchant dealing in goods of that kind, the law automatically implies a promise that the goods are fit for their ordinary purpose, pass without objection in the trade, are of even quality, and are adequately packaged and labeled. A refrigerator does not need a label promising it will keep food cold. That expectation is built into the sale by law. The elements a plaintiff must prove are laid out in CACI No. 3210, California’s model jury instruction for this claim.

Implied Warranty of Fitness for a Particular Purpose

Under Commercial Code section 2315, this warranty arises when the seller knows the buyer has a specific, non-ordinary purpose for the goods, knows the buyer is relying on the seller’s expertise to select the right product, and the buyer actually relies on that judgment. If a contractor tells a hardware store employee they need adhesive that can withstand outdoor freeze-thaw cycles, and the employee recommends a specific product for that purpose, a fitness warranty can arise even without any written promise.

Comparison: Types of Warranties

Warranty Type	How It Arises	Example
Express warranty	Specific statement, promise, or sample from the seller	“This roof material is rated for 30 years”
Implied warranty of merchantability	Automatic when seller is a merchant of that type of good	A blender that cannot actually blend
Implied warranty of fitness for particular purpose	Seller knows buyer’s specific need and buyer relies on seller’s judgment	Recommending a specific paint for marine use
Warranty of title	Automatic promise that seller has the right to sell the goods	Seller selling equipment they do not actually own

Can Implied Warranties Be Disclaimed?

Yes, but only under specific conditions. Under Commercial Code section 2316, a seller can disclaim the implied warranty of merchantability, but the disclaimer must be conspicuous and specifically mention “merchantability.” An “as-is” clause may disclaim implied warranties in some commercial transactions if the applicable requirements are satisfied; enforceability depends on the transaction, the wording, its conspicuousness, and other applicable law. For consumer goods covered by the Song-Beverly Act, disclaimers of implied warranties are heavily restricted, and in many consumer transactions accompanied by a written warranty, they are not permitted at all.

The Song-Beverly Consumer Warranty Act

For everyday consumers, California’s warranty protections go further than the Commercial Code alone. Song-Beverly provides additional protections for qualifying consumer goods sold with warranties, including certain vehicle transactions, where it is commonly called California’s “Lemon Law.” Its application to used goods depends on the circumstances of the sale and the warranty provided.

Key protections generally include:

Manufacturers must maintain repair facilities and provide replacement parts for a set period.
If a covered product cannot be repaired to conform to the warranty after a reasonable number of attempts, the consumer may be entitled to a replacement or a refund, subject to the Act’s specific conditions and procedures.
The implied warranty of merchantability generally cannot be waived in a consumer sale accompanied by a written warranty.
In qualifying Song-Beverly cases, a consumer may be entitled to a civil penalty of up to two times the amount of actual damages when the manufacturer’s failure to comply with its warranty obligations was willful.

What Damages Can You Recover for Breach of Warranty?

The remedies actually available in a given case depend on the type of warranty breached, whether the transaction is commercial or consumer, any valid disclaimer, and the specific facts. Damages that may be available include:

Repair or replacement costs: The cost to fix the defect or replace the product with a conforming one.
Refund: Recovering the purchase price, typically alongside returning the product, which is a common outcome in Song-Beverly claims.
Rescission: Unwinding the transaction entirely and restoring both parties to their pre-sale position; this is a related but distinct remedy that is not available or appropriate in every case.
Diminished value: The difference between the value of the goods as promised and their actual value as delivered.
Incidental damages: Reasonable expenses caused by the breach, such as inspection, storage, or shipping costs tied to a defective delivery.
Consequential damages: Losses that flow from the breach beyond the product itself, such as lost profits from a piece of equipment that failed and shut down a production line, provided the applicable legal requirements for consequential damages are satisfied, including foreseeability at the time of sale and proof of the resulting loss.
Civil penalties: In qualifying Song-Beverly cases, a civil penalty may be available when the manufacturer’s failure to comply with its warranty obligations was willful.

How Long Do You Have to File a Breach of Warranty Claim in California?

UnderCommercial Code section 2725, the statute of limitations for breach of warranty claims involving the sale of goods is generally four years from the date of delivery (tender), not from when you discovered the problem, unless the warranty explicitly extends to future performance of the goods (seeCACI No. 3222 for how courts instruct juries on this defense). Song-Beverly claims have their own statutory framework, and the applicable deadline can depend on the specific claim and facts. It should be evaluated separately rather than assumed to automatically follow the Commercial Code default described above.

Because this clock often runs from delivery rather than discovery, buyers who wait too long to investigate a suspected defect can lose their claim even though the defect only became obvious later.

Breach of Warranty vs. Breach of Contract

These claims often overlap but are not the same thing. A general breach of contract claim can involve any failure to perform any contractual obligation. A breach of warranty claim generally concerns whether goods failed to conform to an express or implied warranty. In many disputes, a plaintiff pleads both theories, since the facts supporting one often support the other, and each carries different proof requirements, deadlines, and available remedies. For a full side-by-side breakdown, including which statute of limitations applies to each, see our guide to breach of contract vs. breach of warranty in California.

Frequently Asked Questions

Do I need a written warranty to have a breach of warranty claim?

No. Implied warranties, like merchantability, exist automatically by operation of law in most sales by merchants, whether or not any written warranty document was ever provided.

What if the seller says the product is sold “as is”?

An “as is” clause may disclaim implied warranties in some commercial transactions when the applicable requirements are met, but it generally cannot waive protections under the Song-Beverly Act for covered consumer goods sold with a written warranty. Whether a specific “as is” clause is enforceable depends on the transaction type, the wording used, and how conspicuously it was disclosed.

Can I sue for breach of warranty if I bought a used product?

Sometimes. Implied warranties can apply to used goods sold by a merchant dealing in that type of good, though the standard of merchantability is adjusted for the item’s age and condition. Many used-goods sales also include valid “as is” disclaimers, so review the sale documents closely.

What is the difference between express and implied warranty of merchantability?

An express warranty is a specific promise the seller actually made. The implied warranty of merchantability is not something anyone said; it is a baseline guarantee the law attaches automatically to sales by merchants, ensuring the goods work for their ordinary purpose.

How much does a breach of warranty claim typically recover?

It depends entirely on the product, the type of warranty breached, and the actual losses caused. Recovery can range from a straightforward refund or repair cost to significant consequential damages when a defective product caused broader business losses. An attorney can evaluate the specific facts of your purchase.

Key Takeaways

A breach of warranty occurs when goods fail to meet a promised or legally implied standard of quality, performance, or fitness.
California recognizes express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.
Consumer purchases get additional protection under the Song-Beverly Consumer Warranty Act, including remedies for willful violations.
Damages can include repair, replacement, refund, diminished value, and in some cases lost profits.
Commercial Code claims generally follow a four-year statute of limitations from delivery (Com. Code § 2725); Song-Beverly claims have their own framework and should be evaluated separately, so confirm the applicable deadline for your specific claim rather than assuming one rule covers both.

Talk to a California Business Litigation Attorney

Breach of warranty disputes often hinge on exactly what was promised, whether a disclaimer was valid, and what damages are actually recoverable. Rokita Law helps both buyers and sellers evaluate warranty claims, from individual purchases to commercial supply disputes, and can explain your options before a small disagreement becomes an expensive lawsuit. Whether you need a business lawyer in Newport Beach or Beverly Hills, CA, our team can help you assess the legal and financial issues involved in a potential breach of warranty dispute.

Call Rokita Law at (888) 765-4825 or schedule a consultation to discuss a breach of warranty issue.

Breach of Warranty in California