Mazda CX-90 Lemon Law

Yes, the Song-Beverly Consumer Warranty Act covers all components under the manufacturer warranty, including the high-voltage battery and e-SkyActiv hybrid system in the CX-90 PHEV. Battery management faults that trigger limp mode constitute a substantial impairment to the vehicle and can qualify your CX-90 for a lemon claim after reasonable repair attempts.

Under Song-Beverly, a vehicle that has been out of service for repair for a cumulative total of 30 or more calendar days during the warranty period creates a rebuttable presumption that the vehicle is a lemon. This 30-day rule applies to the CX-90 and is one of the strongest bases for a Lemon Law claim in California.

Under Song-Beverly, you are entitled to a replacement vehicle of the same make and model with substantially similar features and value. While you generally cannot switch to a completely different model, if the CX-90 has been discontinued or is unavailable, the manufacturer may offer a comparable alternative. Most claimants opt for a refund rather than a replacement.

Manufacturers sometimes argue that aftermarket modifications caused the defect, but under Song-Beverly, the burden of proof is on Mazda to demonstrate that your accessories directly caused the problem. If the defect is related to the engine, transmission, or hybrid system and your modifications are unrelated, such as cosmetic accessories, this defense is unlikely to succeed.