Overview

Key details to review

California’s Lemon Law helps buyers and lessees of new cars that have serious problems the dealer can’t fix. If your car has a defect that substantially impairs use, value, or safety, you may be entitled to a refund or a replacement.

The law is the Song-Beverly Consumer Warranty Act. It applies when the manufacturer’s warranty is in effect and the maker gets a reasonable number of chances to repair the defect.

Do You Qualify?

  • Covered vehicle: New cars, SUVs, trucks, and many used/CPO vehicles still under the manufacturer’s warranty . Demo and dealer-owned vehicles usually qualify.
  • Where purchased/leased: Bought or leased in California for personal, family, or household use. Some small-business vehicles also qualify.
  • Defect type: A problem that substantially impairs use, value, or safety and is not caused by abuse, unauthorized modifications, or lack of maintenance.
  • Repair attempts: Manufacturer/dealer had a reasonable number of chances to fix it. The “presumption” helps if within 18 months/18,000 miles.
  • Time out of service: Vehicle was in the shop for a total of 30+ days for warranty repairs (not necessarily consecutive).
  • Warranty period: The defect appeared and was presented for repair while the factory warranty was active.
  • Small business use: Vehicle under 10,000 lbs GVWR and the business has five or fewer vehicles registered in CA.
  • Deadline: Generally a four-year statute of limitations from when the warranty breach occurred. Act quickly.

How CA Law Applies

Under the Song-Beverly Act, the manufacturer must either repurchase (buy back) or replace a vehicle when it can’t be fixed after reasonable attempts.

CA’s “lemon law presumption” applies within the first 18 months or 18,000 miles if any of these occur: (1) 2+ repair attempts for a serious safety defect; (2) 4+ attempts for the same non-safety defect; or (3) 30+ days out of service for warranty repairs.

A repurchase must refund your down payment, monthly payments, taxes, registration, and incidental damages , minus a mileage offset based on miles at the first repair attempt . Attorneys’ fees are recoverable if you win, and civil penalties may apply for willful violations.

Manufacturer arbitration is optional . You often must give the maker direct written notice (per the warranty booklet) to allow a final repair attempt.

Step-by-Step: What to Do

  1. Document everything: Keep purchase/lease papers, warranty booklet, all repair orders, invoices, and notes about symptoms, dates, and mileage.
  2. Use an authorized dealer: Take the car to a manufacturer-authorized service center. Describe symptoms, not diagnoses. Ensure each visit generates a repair order .
  3. Repeat repair attempts: Return promptly if the issue persists. Ask the service advisor to list the same concern each time to show a pattern.
  4. Give written notice to the manufacturer: Follow the address/process in your warranty booklet. Send a dated letter (certified mail) with your VIN, contact info, timelines, and repair history , and request a final repair opportunity.
  5. Request a buyback or replacement: If the defect continues, formally ask for a repurchase or replacement under California Civil Code sections 1793.2 et seq. Reference the presumption if applicable.
  6. Consider arbitration (optional): Some brands use BBB Auto Line or similar. It’s free and faster, but not required. You can still consult an attorney first.
  7. Consult a CA lemon law attorney: Most work on contingency with fees paid by the manufacturer if you prevail. This often speeds resolution and avoids missteps.
  8. Keep payments and insurance current: Don’t stop paying or cancel insurance while your claim is pending to avoid credit or coverage issues.
  9. Preserve evidence: Save texts/emails with the dealer, photos/videos of the defect, and tow/rental receipts. Don’t reset logs unless instructed in writing.
  10. Mind deadlines: Track the 18 months/18,000 miles for the presumption and the overall four-year limitations period.

Common Mistakes to Avoid

  • Using only independent shops: Warranty repairs must be by an authorized dealer to count.
  • Leaving with no paperwork: Always get a repair order showing your complaint, findings, and mileage.
  • Accepting a trade-in or extended warranty: These can undermine a buyback claim and shift costs to you.
  • Not notifying the manufacturer: Skipping the written notice required by the warranty booklet can delay your claim.
  • Waiting too long: Delays risk missing the statute of limitations and make evidence harder to prove.
  • Downplaying safety issues: Serious safety defects may need only two attempts—report them clearly and promptly.
  • Misunderstanding used vehicles: A used/CPO car can qualify if the factory warranty still applies.

What You Should Do Next

Gather your repair history and warranty papers. If you’ve had repeated fixes or 30+ days in the shop, send written notice to the manufacturer and request a buyback or replacement.

If the problem continues, speak with a California lemon law attorney . They can evaluate eligibility, prepare your demand, and pursue relief—often with fees paid by the manufacturer if you win.