Overview

California’s “Lemon Law” protects buyers and lessees of new vehicles that have serious defects the dealer or manufacturer cannot fix under warranty.

If your new car spends too much time in the shop or has repeat repairs, you may be entitled to a buyback or replacement under California’s Song-Beverly Consumer Warranty Act.

Do You Qualify?

  • Covered vehicle: Passenger cars, SUVs, pickups, and vans under 10,000 lbs. Also some motorhome chassis/drivetrains. Personal use and small businesses with fewer than 5 vehicles .
  • Purchased or leased in CA: The vehicle must be bought or leased in California (military exceptions may apply).
  • Warranty applies: The defect arose and repairs were sought while the manufacturer’s new vehicle warranty (or certified pre-owned manufacturer warranty) was in effect.
  • Substantial defect: A problem that substantially impairs use, value, or safety of the vehicle, not due to abuse, neglect, or aftermarket modifications.
  • Reasonable repair attempts: The manufacturer or its authorized dealer had a reasonable number of chances to fix the defect and failed.
  • Authorized repairs: Repairs were performed (or attempted) by an authorized dealer , and you kept documentation.
  • Timely action: You are within the statute of limitations (generally 4 years from when you knew the warranty obligations were not met).

How CA Law Applies

The “Tanner” Presumption (18 months/18,000 miles)

California’s Song-Beverly Consumer Warranty Act requires manufacturers to repurchase or replace a vehicle if they cannot repair a warranty nonconformity after a reasonable number of attempts.

You can still win a lemon claim after 18 months/18,000 miles—the presumption just makes proof easier.

  • Timing: Within the first 18 months or 18,000 miles (whichever comes first).
  • Safety defects: 2 or more repair attempts for a defect likely to cause death or serious bodily injury.
  • Other defects: 4 or more repair attempts for the same problem.
  • Days out of service: Vehicle out of service for more than 30 cumulative days for warranty repairs.
  • Notice: You directly notified the manufacturer about the need for repair if the warranty/owner’s manual requires it .
  • Buyback (repurchase): Refund of the price paid (including tax, license, registration), plus incidental damages (towing, rental), minus a mileage offset for use before the first repair attempt.
  • Replacement: A comparable new vehicle, plus reimbursement of fees; you pay the same mileage offset.
  • Mileage offset formula (typical): Purchase price × (miles at first repair attempt ÷ 120,000).
  • Fees and penalties: If you prevail, the manufacturer pays your reasonable attorney’s fees ; a civil penalty up to 2× actual damages may apply for willful violations.
  • Covered: New vehicles and certain used/CPO vehicles still under the manufacturer’s new car warranty; demonstrators; dealer-owned vehicles.
  • Not covered: Problems caused by abuse, neglect, unauthorized modifications, accidents , or non-warranty aftermarket parts. Normal wear items are not lemon defects.

Step-by-Step: What to Do

  1. Step 1: Document every issue. Keep all repair orders, invoices, and notes showing dates, mileage, symptoms, and days out of service. Ask the dealer to list your complaint exactly as described.
  2. Step 2: Use an authorized dealer. Make repair attempts only at a manufacturer-authorized facility. Test-drive with the advisor to confirm the symptoms are recorded.
  3. Step 3: Give a final written notice. Send a certified letter or email to the manufacturer (not just the dealer) requesting a buyback or replacement and referencing your repair history. Attach copies.
  4. Step 4: Consider arbitration—carefully. Manufacturer programs are free and faster, but results vary. Talk to a California lemon law attorney before you file.
  5. Step 5: Evaluate remedies. If eligible, choose repurchase or replacement . Verify the mileage offset and that taxes, registration, and incidentals are included.
  6. Step 6: Protect your claim. Keep making loan/lease payments, maintain insurance, and avoid modifications. Do not sign releases or “goodwill” settlements without advice.
  7. Step 7: File a claim or lawsuit if needed. If the manufacturer refuses a fair resolution, a California lemon law attorney can pursue your claim. Attorney fees are typically recoverable from the manufacturer if you win.

Common Mistakes to Avoid

  • Missing records: Not saving repair orders or failing to note days out of service weakens your case.
  • Dealer-only notice: Not notifying the manufacturer can undermine the legal presumption.
  • Vague complaints: Saying “check engine light sometimes” without details—be specific and consistent.
  • Unauthorized repairs: Using independent shops during warranty can break the chain of proof.
  • Waiting too long: Delays can jeopardize the 4-year statute of limitations.
  • Accepting band-aids: Software resets or repeated temporary fixes without escalation.
  • Modifications: Aftermarket tunes/lifts can cause denial for causation reasons.
  • Trading in the car: Getting rid of the vehicle before resolving the claim can reduce recovery.

What You Should Do Next

Gather your purchase/lease contract, warranty booklet, and all repair records. Create a simple timeline of defects, visits, and days out of service.

Send a written buyback/replacement request to the manufacturer with copies of your records. Then consult a California lemon law attorney to confirm eligibility, calculate the correct refund, and handle negotiations or litigation.

If your car qualifies, you could recover a repurchase or replacement—plus taxes, fees, and incidentals—without paying attorney fees out of pocket.