California's lemon law, in plain words
California's lemon law is the Song-Beverly Consumer Warranty Act (Civil Code § 1790 and following), together with the Tanner Act (§ 1793.22). If a manufacturer or its dealers can't fix a defect covered by the warranty after a reasonable number of tries, the manufacturer must replace the vehicle or refund the purchase price (§ 1793.2(d)(2)). The defect must substantially impair the vehicle's use, value, or safety.
What may qualify
- New vehicles bought or leased mainly for personal, family, or household use, including cars, trucks, SUVs, and vans.
- Dealer demonstrators and certified pre-owned vehicles sold with a manufacturer warranty issued with the sale.
- Some business vehicles under 10,000 lbs, when the business has no more than five vehicles registered in California.
- Repeated repair attempts for the same warranty problem, or a lot of time in the shop.
- Serious safety defects, such as brakes, steering, stalling, or airbags, that weren't fixed.
Used cars: In Rodriguez v. FCA US (2024), the California Supreme Court held that a used car doesn't qualify for the refund-or-replace remedy just because part of the original factory warranty was still left. Other warranty claims may still apply, so it's worth asking.
The lemon law presumption
Within 18 months or 18,000 miles of delivery (whichever comes first), the law presumes the manufacturer had a reasonable number of tries if any of these happened:
- 2 or more repair attempts for a defect likely to cause death or serious injury
- 4 or more repair attempts for the same problem
- More than 30 days total out of service for warranty repairs.
These are guidelines, not hard limits. Vehicles outside 18 months or 18,000 miles may still qualify, and notice requirements can apply.
Possible remedies
Depending on the facts, a lemon law claim may lead to:
Repurchase (refund)
The manufacturer buys the vehicle back. Restitution may include the price paid, including charges like taxes and registration, minus a usage offset for miles driven before the first repair visit for the problem.
Replacement
A substantially identical new vehicle in place of the defective one. Under the statute, the choice between refund and replacement is generally the buyer's.
Cash compensation
Some cases resolve with a cash payment while you keep the vehicle. If a manufacturer willfully fails to follow the law, a court may also award a civil penalty of up to two times actual damages.
Attorney fees
If you prevail, the law lets you recover reasonable attorney fees and costs from the manufacturer (Civil Code § 1794(d)).
Signs your car may be a lemon
- The same problem keeps coming back after the dealer says it's fixed.
- A warning light, stall, or loss of power returns again and again.
- Engine, transmission, brake, steering, airbag, or electrical defects.
- Your car has spent weeks at the dealership waiting on parts or repairs.
- The dealer writes "could not duplicate" or "operating as designed" while the problem continues.
- A recall or software update didn't fix the problem.
Documents to keep
- Purchase or lease contract and financing paperwork
- Every repair order and invoice (date, mileage, and what you reported)
- Warranty booklet and owner's manual
- Emails, letters, and case numbers from calls with the manufacturer
- Photos or videos of the problem happening
- Receipts for towing, rental cars, and other out-of-pocket costs
Don't wait on deadlines
- For many manufacturers, a 2025 law (AB 1755) requires a lemon law lawsuit to be filed within one year after the warranty expires, and no later than six years after the vehicle was first delivered (Code of Civil Procedure § 871.21).
- Some claims require written notice to the manufacturer at least 30 days before filing.
Deadlines depend on the manufacturer and the facts, so get advice early.
Lemon law FAQ
Does it cost anything to have my lemon law case reviewed?
The review is free. Under the Song-Beverly Act, a buyer who prevails can recover reasonable attorney fees and costs from the manufacturer (Civil Code § 1794(d)), so many lemon law cases are handled at no out-of-pocket attorney cost to the client. Your fee terms are set out in a written agreement.
Is my used car covered?
It depends on how the warranty was issued. In 2024 the California Supreme Court held that a used car does not qualify for the refund-or-replace remedy just because some of the original factory warranty was left (Rodriguez v. FCA US). Certified pre-owned vehicles sold with a new manufacturer warranty, and dealer demonstrators, may be treated differently. Other warranty claims may still be available.
Are leased vehicles covered?
Yes. California's lemon law protects lessees as well as buyers of qualifying vehicles.
How many repair attempts make a car a lemon?
There is no single magic number. The law presumes a reasonable number of attempts if, within 18 months or 18,000 miles, the same problem was repaired 4 or more times, a defect that could cause death or serious injury was repaired 2 or more times, or the car was in the shop more than 30 days total. Vehicles outside those limits may still qualify.
Do I have to go through the manufacturer's arbitration program?
Some manufacturers offer a state-certified dispute program. If you were properly told about it, you may need to use it before relying on the lemon law presumption, but it is not the only path. An attorney can explain how it applies to your vehicle.
Does the lemon law cover motorcycles?
The refund-or-replace provision does not apply to motorcycles or off-road vehicles. Cars, trucks, SUVs, vans, and the drive train of a motor home may qualify.
Should I keep driving the car and making payments?
In most cases, keep making your payments and keep the car insured so you do not damage your credit or your claim. If the car is unsafe to drive, follow your dealer's and manufacturer's safety guidance. Ask an attorney about your situation.
How long do I have?
Don't wait. For many manufacturers, a 2025 law requires a lemon law lawsuit to be filed within one year after the warranty expires, and no later than six years after the vehicle was first delivered. Other claims have different limits.
General information only, not legal advice. Every case is different, and no particular result is guaranteed.
