Overview

Key details to review

California’s Lemon Law protects buyers and lessees of new vehicles when a manufacturer cannot fix a warranty-covered defect after a reasonable number of attempts. If you qualify, the manufacturer must provide a refund (buyback) or a replacement .

The law is found in the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act . It applies to cars, SUVs, pickup trucks, vans, and many demos/loaners sold or leased in California.

Do You Qualify?

  • Purchased/Leased in CA: The vehicle was bought or leased in California and covered by the manufacturer’s express warranty.
  • Substantial defect: The issue substantially impairs the vehicle’s use, value, or safety (engine, transmission, brakes, steering, EV battery, etc.).
  • Reasonable repair attempts: You gave the manufacturer (through an authorized dealer) a fair chance to fix it.
  • 18 months/18,000 miles presumption: Within this window, the law presumes a lemon if: 2+ repair attempts for a defect likely to cause death or serious injury, or
  • 4+ repair attempts for any other defect, or
  • 30+ days cumulative out of service for repairs.

How CA Law Applies

Under the Song-Beverly Act, if a manufacturer cannot repair a warranty nonconformity after a reasonable number of attempts, it must repurchase or replace the vehicle. You may also recover incidental damages (towing, rentals) and, if you sue and win, attorney’s fees .

Within 18 months/18,000 miles, the “lemon law presumption” makes your case easier to prove. Outside that window, you can still win—keep strong records of repeat repairs and downtime.

Manufacturers are entitled to a final repair opportunity after you give direct written notice. A buyback refund typically includes your down payment, monthly payments, taxes, fees, and loan payoff, minus a usage deduction based on miles driven before the first repair attempt.

Step-by-Step: What to Do

  • Use an authorized dealer for all warranty repairs. Describe symptoms clearly and consistently.
  • After each visit, get a detailed repair order showing dates, mileage, complaint, diagnosis, and work performed.
  • Track days out of service and maintain a repair log. Safety defects should be flagged as such on repair orders.
  • Send a certified letter (return receipt) to the manufacturer’s address in the warranty booklet.
  • State the defect history, attach repair orders, and request a repurchase or replacement under CA Lemon Law.
  • Offer a final repair opportunity and set a reasonable deadline (e.g., 10–15 business days) for the manufacturer to respond.
  • Consider the manufacturer’s state-certified arbitration (if available). Info: California’s Arbitration Certification Program at dca.ca.gov/acp .
  • If unresolved, consult a California lemon law attorney . Fee-shifting often means the manufacturer pays your reasonable attorney’s fees if you prevail.
  • Keep making loan/lease payments until a deal is final to protect your credit.
  1. Step 1: Build your record and pursue repairs Use an authorized dealer for all warranty repairs. Describe symptoms clearly and consistently.
  2. After each visit, get a detailed repair order showing dates, mileage, complaint, diagnosis, and work performed.
  3. Track days out of service and maintain a repair log. Safety defects should be flagged as such on repair orders.
  4. Step 2: Give formal notice and request relief Send a certified letter (return receipt) to the manufacturer’s address in the warranty booklet.
  5. State the defect history, attach repair orders, and request a repurchase or replacement under CA Lemon Law.
  6. Offer a final repair opportunity and set a reasonable deadline (e.g., 10–15 business days) for the manufacturer to respond.
  7. Step 3: Enforce your rights Consider the manufacturer’s state-certified arbitration (if available). Info: California’s Arbitration Certification Program at dca.ca.gov/acp .
  8. If unresolved, consult a California lemon law attorney . Fee-shifting often means the manufacturer pays your reasonable attorney’s fees if you prevail.
  9. Keep making loan/lease payments until a deal is final to protect your credit.

Common Mistakes to Avoid

  • Not saving paperwork: Missing repair orders and rental/tow receipts weakens your case.
  • Using non-authorized shops: Repairs outside the dealer can undermine warranty and proof.
  • Changing the complaint: Inconsistent descriptions make it look like different problems.
  • No manufacturer notice: Skipping a written demand can delay or sink your claim.
  • Stopping payments: Late payments can hurt your credit and leverage.
  • Accepting a trade-in or release: “Goodwill” deals or trade-ins may waive lemon rights—read before signing.
  • Aftermarket mods: Unauthorized modifications can give the manufacturer a defense.
  • Waiting too long: The 4-year limitations period can run out—act early.
  • Refusing a final repair chance: Denying access after notice can jeopardize your claim.

What You Should Do Next

Gather all repair orders, your purchase/lease contract, and a timeline of issues. Send a certified lemon-law demand to the manufacturer and offer a final repair opportunity. If they stall or deny, pursue certified arbitration or speak with a California lemon law attorney about a buyback or replacement.

If the vehicle is unsafe, ask the manufacturer to expedite a rental and consider a fast-track buyback . Stay organized, keep communicating in writing, and continue payments until the matter is resolved.