What Is the California Law on the Return Period of Defective Merchandise?

Shop knowing consumer laws.

Being aware of consumer laws can protect you against unfair business practices. For example, if you purchase a dishwasher that turns out to be defective, and the damage isn't due to your misuse, then California law requires that the manufacturer repair or replace the dishwasher, depending on the circumstances and the manufacturer's warranty. Knowing your consumer rights can help you decide the proper course of action and soundly negotiate with the business that sold you the defective item.

California Civil Code

According to the California Department of Consumer Affairs website, California Civil Codes 1791.1(a) and (c), 1792, 1792.3, and 1793.2(d) shield consumers from being stuck with defective merchandise. The codes ensure that any merchandise that is being used for personal, household or family use carries a warranty by law. The implied warranty is good for at least 60 days, unless there is a written warranty that comes with the item for up to one year. If you purchased a product that is defective, and it has a written warranty, then you have the right to have the item repaired. If the item can't be fixed, you have the right to an exchange or refund. If the item is too large to return, and it came with a written warranty, then the business has to either pay shipping costs or send someone to your home to repair the product.

Help

If a business fails to cooperate by fixing the item, exchanging it or refunding your money, you can take action. Contact your local consumer affairs agency listed in the white pages of your phone book under County Government. Another alternative is to call or write to the California Department of Consumer Affairs at:

Consumer Information Center
1625 North Market Blvd.
Suite N-112
Sacramento CA 95834
800-952-5210, 916-322-1700 (TDD)

If you think it's worth your time and energy, you can also take the business to small claims court .

Exceptions

These codes do not cover clothing, consumables or items that are marked "as is." Also, these codes do not apply to defective automobiles. There is a different law for autos called the Tanner Consumer Protection Act or the "Lemon Law."

Lemon Law.

The Tanner Consumer Protection Act, more commonly known as the "Lemon Law," is designed to protect consumers from new defective automobiles. The law enforces a manufacturer's written warranty that comes with a new car, truck or van. An auto manufacturer must repair a defective car, truck or van in accordance with the terms of its written warranty. According to Weblocater Guide to California Law, if the manufacturer tries to fix the same problem at least four times or if the vehicle has been out of service for 30 days for repair of different problems, the consumer is entitled to an exchange or refund minus a fee for use of the car. The attempted repairs must occur within 12 months or 12,000 miles of taking delivery of the vehicle, and the consumer must contact the manufacturer directly about the repair in order to obtain the refund or exchange. The Lemon Law applies to used vehicles only if it is still covered under the manufacturer's original warranty.

Steps

If you have taken all actions possible with the auto dealer and manufacturer in accordance with the warranty booklet and owner's manual, you can seek arbitration, which is free of charge to the consumer. A neutral arbitrator will listen to both sides, examine evidence and issue a decision within 40 days after the application for arbitration was received. Should go to arbitration and are unsatisfied with the result, you can take the dispute to court.

References

• California Department of Consumer Affairs
• Weblocater Guide to California Law