Consumer Protection, Warranty, Song-Beverly Act, Repair or Refund Remedy, Used Car, Unexpired Warranty, 1, 10
The Song-Beverly Act’s replace-or-refund remedy applies only to unrepaired defects in new cars, which the Act defines to include dealer owned and demonstrator cars or other motor vehicles sold with a manufacturer’s new car warranty. (Civ. Code 1793.22(e)(2).) This decision holds that a car which was previously sold to another consumer is not a “new” car for these purposes even if the buyer succeeds to the unexpired portion of the express warranty that the manufacturer gave to the original buyer. As the reference to dealer owned and demonstrator cars illustrates, the “sold with manufacturer’s new car warranty” refers to a warranty issued for the first time upon sale to the plaintiff, not to an unexpired warranty issued on sale to another consumer.