Overview

Key details to review

California’s Lemon Law lets you get a buyback (repurchase) or a replacement when a warrantied vehicle has defects the manufacturer can’t fix after a reasonable number of tries.

It applies to new cars and many used cars sold with a warranty. If you qualify, the manufacturer must refund what you paid (with certain deductions) or replace the vehicle.

Do You Qualify?

  • Covered vehicle: Cars, SUVs, pickups, vans, dealer demos, and many business vehicles under 10,000 lbs GVWR. Motorhome chassis/cabs are covered (not the living area). EVs and hybrids are included.
  • Bought or leased in CA: Vehicle was purchased/leased in California. Exception: Active-duty military stationed in CA can qualify even if bought elsewhere.
  • Warranty coverage: The problem arose while the manufacturer’s warranty was in effect. Used cars qualify if sold with remaining manufacturer warranty or a dealer warranty (not “as is”).
  • Defect type: A defect that substantially impairs use, value, or safety , and is not caused by misuse, neglect, or unauthorized modifications.
  • Repair opportunities: The manufacturer/dealer had a reasonable number of repair attempts . You must give them the chance to fix it.
  • Lemon Law presumption window (helps prove your case): Within the first 18 months or 18,000 miles : 2+ repair attempts for a defect likely to cause death or serious injury, or
  • 4+ repair attempts for the same problem, or
  • 30+ cumulative days out of service for repairs.

How CA Law Applies

California’s Song-Beverly Consumer Warranty Act requires manufacturers to promptly replace or repurchase a vehicle that can’t be fixed after a reasonable number of attempts.

Under the Tanner Consumer Protection Act, the 18 months/18,000 miles rules create a legal presumption your car is a lemon if those thresholds are met.

For a buyback , the manufacturer must refund: the actual price paid or payable (including tax, license, registration), your down payment , monthly payments , and reasonable incidental damages (towing, rental, etc.), and pay off your loan/lease— minus a usage fee .

Usage fee (mileage offset): Purchase price × (miles at first repair attempt ÷ 120,000). Example: $40,000 × (3,000 ÷ 120,000) = $1,000 deduction.

You may recover attorney’s fees , and a court can award up to 2× civil penalties if the manufacturer willfully fails to comply.

When a buyback car is resold, CA requires a “Lemon Law Buyback” title brand and a written defect disclosure to future buyers.

Step-by-Step: What to Do

  1. Step 1: Document everything. Keep all repair orders, warranty booklets, purchase/lease contract, receipts for rentals/towing, and photos/videos of the issue.
  2. Step 2: Return to an authorized dealer. Give the manufacturer a fair chance to fix the problem. Make sure each repair order lists your complaint clearly and the mileage/dates.
  3. Step 3: Track days out of service. Count every day the car is at the dealer for the same or related defects, including parts wait times.
  4. Step 4: Send a written buyback request. Write to the manufacturer (not just the dealer). Include VIN, repair history, dates, mileage, and state you are requesting a repurchase under CA Lemon Law.
  5. Step 5: Consider arbitration—carefully. Some makers offer programs (e.g., BBB AUTO LINE). Arbitration is not required in CA and may be faster, but review rules first.
  6. Step 6: Get legal help if needed. A CA lemon law attorney can press your claim; manufacturers must pay reasonable attorney’s fees if you win.
  7. Step 7: Finalize the buyback. Verify the refund math (price, taxes/fees, payments, incidental damages, minus usage). Ensure loan payoff and title/keys handover are handled in writing.

Common Mistakes to Avoid

  • Not giving the maker a chance to fix it: Skipping dealer visits or using only independent shops can sink your claim.
  • Poor documentation: Missing or vague repair orders make it hard to prove attempts and days out of service.
  • Waiting too long: The general deadline is four years from when the warranty breach occurred—don’t delay.
  • Accepting a quick check: Don’t sign broad releases or settlements that underpay refunds or overstate the mileage offset.
  • Assuming used cars never qualify: Many used vehicles with remaining manufacturer or dealer warranties are covered.
  • Ignoring safety defects: Serious safety issues may trigger relief after as few as two repair attempts.
  • Misunderstanding what’s refundable: Expect refund of taxes, registration, and reasonable incidentals; some items like negative equity may not be reimbursed.

What You Should Do Next

Collect your repair records, calculate your days out of service, and send a clear written buyback request to the manufacturer.

If you meet the CA standards—or are close—speak with a California lemon law attorney to review your eligibility and the buyback amount before you sign anything.