Overview

California’s Lemon Law protects buyers and lessees of new cars that have persistent defects. If the manufacturer can’t fix a substantial problem after a reasonable number of tries, you may be entitled to a refund or replacement.

Most cases end in a settlement . That can mean a manufacturer buyback , a replacement vehicle , or a cash-and-keep payment while you keep the car. The right choice depends on your facts and goals.

Do You Qualify?

  • Covered vehicle: New car, SUV, pickup, or van bought or leased in CA for personal use, or for a small business with ≤5 vehicles and GVWR ≤10,000 lbs. Certain used cars still under the manufacturer’s new-car warranty also qualify.
  • Warranty problem: A defect covered by the manufacturer’s warranty that substantially impairs use, value, or safety .
  • Reasonable repair attempts: You gave an authorized dealer a fair chance to fix it. Keep all repair orders and dates.
  • Time/mileage presumption (helpful, not required): Within 18 months or 18,000 miles from delivery: 2+ attempts for a serious safety defect, 4+ attempts for other defects, or 30+ total days out of service.
  • Not caused by misuse: Problems aren’t due to abuse, unauthorized racing/tuning, or lack of maintenance.
  • Within the deadline: Generally a 4-year statute of limitations from the breach of warranty. Act sooner to preserve evidence.

How CA Law Applies

Your Remedies

California’s Song-Beverly Consumer Warranty Act requires manufacturers to repurchase or replace a vehicle they can’t conform to warranty after reasonable repair attempts. You choose refund or replacement.

Buyback and replacement include a deduction: Purchase price × (miles at first repair ÷ 120,000) . This only counts miles before the first qualifying repair attempt.

  • Buyback (repurchase): Refund of the purchase/lease price paid (including tax and certain fees) plus incidental damages like towing and reasonable rental, minus a mileage offset for use before the first repair attempt.
  • Replacement: A comparable new vehicle, with credit for payments made and similar financing, and reimbursement of incidental damages. You still owe the mileage offset.
  • Cash-and-keep: A negotiated payment for diminished value/inconvenience while you keep the car. Often includes a liability release—review carefully.
  • Attorney’s fees: If you win, the manufacturer generally pays your reasonable attorney’s fees and costs.
  • Civil penalty: Up to 2× actual damages for willful violations (e.g., stonewalling despite clear liability).
  • CA-certified arbitration: Many brands use programs certified by the Department of Consumer Affairs’ Arbitration Certification Program (ACP) (e.g., BBB AUTO LINE, NCDS). It’s optional in CA.
  • Lawsuit: You can sue under CA Lemon Law or federal Magnuson-Moss. Most cases still settle before trial.

Step-by-Step: What to Do

  • Take the car to an authorized dealer for each issue. Describe symptoms the same way each visit.
  • Get a repair order every time. Keep purchase/lease papers, registrations, rental/tow receipts, and photos/videos.
  • Send the manufacturer (not just the dealer) a written request for repurchase or replacement , with copies of repair orders.
  • Ask for a settlement calculation showing refund items and mileage offset. Note incidental damages.
  • Consider ACP-certified arbitration or hire a CA Lemon Law attorney (usually contingency; fees paid by manufacturer if you prevail).
  • Negotiate the best fit: buyback , replacement , or cash-and-keep . Review any release carefully before signing.
  1. Step 1: Document and repair Take the car to an authorized dealer for each issue. Describe symptoms the same way each visit.
  2. Get a repair order every time. Keep purchase/lease papers, registrations, rental/tow receipts, and photos/videos.
  3. Step 2: Make a formal Lemon Law demand Send the manufacturer (not just the dealer) a written request for repurchase or replacement , with copies of repair orders.
  4. Ask for a settlement calculation showing refund items and mileage offset. Note incidental damages.
  5. Step 3: Settle or escalate Consider ACP-certified arbitration or hire a CA Lemon Law attorney (usually contingency; fees paid by manufacturer if you prevail).
  6. Negotiate the best fit: buyback , replacement , or cash-and-keep . Review any release carefully before signing.

Common Mistakes to Avoid

  • Not giving the dealer a chance to fix: Skipping authorized repairs can sink your claim.
  • Poor records: Missing or vague repair orders make it hard to prove repeated defects.
  • Waiting too long: Delay risks the statute of limitations and weakens leverage.
  • Confusing the presumption with eligibility: You can win without meeting the 18-month/18,000-mile presumption.
  • Accepting a low cash-and-keep: Quick money can come with a broad release and no future protection.
  • Assuming mods void coverage: Aftermarket parts don’t automatically bar claims, but manufacturers may argue causation. Keep maintenance records.
  • Overlooking incidentals: Claim towing, rentals, rideshares, and registration where allowed.

What You Should Do Next

Gather your purchase/lease agreement, all repair orders, and receipts. Write a short timeline of the defect and repair history.

Send a written repurchase/replacement demand to the manufacturer and request a detailed buyback calculation. If you’re unsure, consult a California Lemon Law attorney or consider an ACP-certified arbitration program.

Act promptly. Early action improves your chance of a fair settlement and may increase your recovery of fees and penalties.