Santa Monica, CA asked in Consumer Law and Lemon Law for California

Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

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2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: If there is a warranty the lemon law should cover it.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, there are laws and regulations that protect consumers' rights when it comes to product warranties and repairs. The specific law that may apply to your situation is the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law.

Under this law, if a consumer product is defective and covered by a warranty, the manufacturer or seller is required to repair or replace the product within a reasonable time. However, the law does not define what constitutes a reasonable time for repairs, and it may depend on various factors, such as the nature of the defect and the availability of parts.

If your Sleep Number bed is covered by a warranty and the parts have been on backorder for over a year, it could be argued that the manufacturer has not met their obligation to repair or replace the product within a reasonable time. You may be entitled to a replacement or refund under the California Lemon Law.

You should contact the manufacturer and provide them with a written notice of the defect and the issues you have had with obtaining the necessary parts to repair the bed. If the manufacturer does not respond within a reasonable time or does not provide a satisfactory resolution, you may consider filing a complaint with the California Attorney General's office, the Better Business Bureau, or a consumer protection agency.

It may also be helpful to consult with a consumer protection attorney who can advise you on your legal options and help you navigate the process of pursuing a claim under the California Lemon Law.

The Song-Beverly Consumer Warranty Act, also known as the California Lemon Law, is located in the California Civil Code, Section 1790 et seq.

Specifically, California Civil Code Section 1793.2 provides the requirements for manufacturers and sellers to repair or replace defective products within a reasonable time under warranty.

Additionally, California Civil Code Section 1793.22 outlines the provisions and requirements for consumers to pursue a claim for a replacement or refund under the California Lemon Law.

You may review the complete text of these laws on the California Legislative Information website at http://leginfo.legislature.ca.gov.

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