AMENDED IN SENATE AUGUST 18, 2022
AMENDED IN ASSEMBLY MAY 4, 2022
AMENDED IN ASSEMBLY MARCH 17, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
94
CHAPTER 464
Statutes of 2022
[ Approved by Governor September 22, 2022. Filed with Secretary of State September 22, 2022. ]
Introduced by Assembly Member Berman
February 18, 2022
An act to amend Section 1793 of, and to add Section 1793.01 to, the Civil Code, relating to consumer warranties.
Vote: majority Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
The Song-Beverly Consumer Warranty Act provides that every sale of consumer goods that are sold at retail in this state are accompanied by the manufacturer’s and the seller’s implied warranty that the goods are merchantable, unless disclaimed in a prescribed manner. Existing law does not limit the ability of a manufacturer, distributor, or retail seller to make an express warranty, except as specified.
This bill would require an express warranty made by a manufacturer, distributor, or retail seller to start no earlier than the date of delivery of the good.
The people of the State of California do enact as follows:
SECTION 1.
Section 1793 of the Civil Code is amended to read:
1793.
Except as provided in Sections 1793.01 and 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with respect to consumer goods. However, a manufacturer, distributor, or retailer, in transacting a sale in which express warranties are given, may not limit, modify, or disclaim the implied warranties guaranteed by this chapter to the sale of consumer goods.
SEC. 2.
Section 1793.01 is added to the Civil Code, to read:
1793.01.
A manufacturer, distributor, or retail seller shall not make an express warranty with respect to a consumer good that commences earlier than the date of delivery of the good. This section does not limit an express warranty made before July 1, 2023.