HOME: CIVIL CODE SECTION 1792-1795.7

The following is Civil Code Section 1792-1795.7 for your convenience but more specifically the code in sections 1793.22-1793.25 will pertain to California Lemon Laws.

CIVIL CODE SECTION 1792-1795.7

1792. Unless disclaimed in the manner prescribed by this chapter,
every sale of consumer goods that are sold at retail in this state
shall be accompanied by the manufacturer's and the retail seller's
implied warranty that the goods are merchantable. The retail seller
shall have a right of indemnity against the manufacturer in the
amount of any liability under this section.

1792.1. Every sale of consumer goods that are sold at retail in
this state by a manufacturer who has reason to know at the time of
the retail sale that the goods are required for a particular purpose
and that the buyer is relying on the manufacturer's skill or judgment
to select or furnish suitable goods shall be accompanied by such
manufacturer's implied warranty of fitness.

1792.2. (a) Every sale of consumer goods that are sold at retail in
this state by a retailer or distributor who has reason to know at
the time of the retail sale that the goods are required for a
particular purpose, and that the buyer is relying on the retailer's
or distributor's skill or judgment to select or furnish suitable
goods shall be accompanied by such retailer's or distributor's
implied warranty that the goods are fit for that purpose.
(b) Every sale of an assistive device sold at retail in this state
shall be accompanied by the retail seller's implied warranty that
the device is specifically fit for the particular needs of the buyer.

1792.3. No implied warranty of merchantability and, where
applicable, no implied warranty of fitness shall be waived, except in
the case of a sale of consumer goods on an "as is" or "with all
faults" basis where the provisions of this chapter affecting "as is"
or "with all faults" sales are strictly complied with.

1792.4. (a) No sale of goods, governed by the provisions of this
chapter, on an "as is" or "with all faults" basis, shall be effective
to disclaim the implied warranty of merchantability or, where
applicable, the implied warranty of fitness, unless a conspicuous
writing is attached to the goods which clearly informs the buyer,
prior to the sale, in simple and concise language of each of the
following:
(1) The goods are being sold on an "as is" or "with all faults"
basis.
(2) The entire risk as to the quality and performance of the goods
is with the buyer.
(3) Should the goods prove defective following their purchase, the
buyer and not the manufacturer, distributor, or retailer assumes the
entire cost of all necessary servicing or repair.
(b) In the event of sale of consumer goods by means of a mail
order catalog, the catalog offering such goods shall contain the
required writing as to each item so offered in lieu of the
requirement of notification prior to the sale.

1792.5. Every sale of goods that are governed by the provisions of
this chapter, on an "as is" or "with all faults" basis, made in
compliance with the provisions of this chapter, shall constitute a
waiver by the buyer of the implied warranty of merchantability and,
where applicable, of the implied warranty of fitness.

1793.