Overview

If your new car keeps having the same serious problem, California’s Lemon Law can help. It requires the manufacturer to buy back or replace vehicles that can’t be fixed after a reasonable number of repair attempts.

California’s law is consumer-friendly. The manufacturer must usually pay your attorney’s fees , so qualified cases often cost you nothing out of pocket.

Do You Qualify?

  • Purchased or leased in CA: The vehicle was bought or leased in California for personal, family, or small-business use.
  • Covered by the manufacturer’s warranty: The defect arose while the car was under the manufacturer’s express warranty (not just a service contract).
  • Substantial defect: The issue substantially impairs use, value, or safety (e.g., engine, transmission, brakes, battery/EV range, airbags, steering, major electronics).
  • Not caused by misuse: The problem wasn’t due to abuse, accidents, or unauthorized modifications.
  • Reasonable repair attempts: You gave the dealer/manufacturer a fair chance to fix it. Keep all repair orders.
  • Timing: The strongest presumption applies within 18 months or 18,000 miles from delivery, but you can still win outside that window.
  • Business vehicles (limited): Covered if under 10,000 lbs GVWR and your business owns/leases five or fewer vehicles.

How CA Law Applies

The 18-Month/18,000-Mile Presumption

California’s Song-Beverly Consumer Warranty Act (the “Lemon Law”) protects buyers and lessees of new vehicles. It applies to cars, SUVs, light trucks, and EVs sold or leased in CA.

If any of the above happen within the first 18 months or 18,000 miles, the law presumes the car is a lemon. You can still qualify without the presumption based on the total repair history.

You generally have four years from when you knew (or should have known) the manufacturer breached its warranty. Don’t wait—evidence is strongest early, and delays can hurt your case.

  • 4 attempts for the same problem and it continues.
  • 2 attempts for a defect that could cause death or serious injury.
  • 30+ cumulative days out of service for warranty repairs.
  • Repurchase (buyback): Refund of price paid (down payment, monthly payments, taxes/fees), payoff of your loan/lease, plus incidental damages (towing, rental, etc.). The manufacturer gets a mileage offset based on miles at the first repair attempt.
  • Replacement: A comparable new vehicle, plus reimbursement of incidental damages.
  • Attorney’s fees: If you win, the manufacturer pays your reasonable fees and costs.
  • Civil penalty: Up to 2x your actual damages if the violation was willful.
  • New cars: Fully covered under the manufacturer’s express warranty.
  • Used/CPO: Covered if the manufacturer’s warranty was in effect when the defect began. Dealer service contracts alone are not enough.
  • EVs: Battery, range, charging, and high-voltage component defects are covered if they substantially impair use, value, or safety.
  • Motorhomes: The chassis and drivetrain may be covered; the “house” portion is treated differently.

Step-by-Step: What to Do

  1. Step 1: Get repairs and document everything. Always use an authorized dealer . Each visit, ensure the repair order lists your exact complaint, dates, mileage, and results. Keep purchase/lease papers, warranty booklet, emails, texts, photos, and videos.
  2. Step 2: Track attempts and downtime. Count how many times the same defect was addressed and total days out of service . If safety is at issue, note any near-misses or warnings. Ask for towing and rental coverage when appropriate.
  3. Step 3: Send a written demand and call a CA lemon law lawyer. Write to the manufacturer (not just the dealer), request a buyback or replacement , and attach repair records. Then consult a California lemon law attorney—fees are typically paid by the manufacturer if you prevail.

Common Mistakes to Avoid

  • Not getting repair orders: Verbal complaints don’t count—insist on accurate paperwork every visit.
  • Using independent shops: Unauthorized repairs can complicate coverage under the manufacturer’s warranty.
  • Modifying the car: Aftermarket tunes or parts can let the manufacturer blame the defect on you.
  • Accepting a “goodwill” trade or release: Don’t sign buyouts or releases before a lawyer reviews them.
  • Stopping payments or insurance: Keep paying to avoid repossession and credit damage while your claim proceeds.
  • Only calling the dealer: You must give the manufacturer a fair chance to fix or resolve the issue.
  • Waiting too long: The 4-year limitation and fading evidence can undermine a strong case.

What You Should Do Next

Gather your purchase/lease agreement, warranty, and all repair orders . Create a simple timeline of issues, attempts, and days out of service.

Send a written demand to the manufacturer requesting a buyback or replacement. Then schedule a free consultation with a California lemon law lawyer to confirm eligibility and next steps.

If the vehicle is unsafe, request towing and a rental from the dealer. Continue documenting every contact and repair until your claim is resolved.