New Car Lemon Law in California: The Basics
When your brand-new ride isn’t reliable
California’s Lemon Law protects buyers and lessees of new vehicles that have serious warranty problems the dealer can’t fix after a reasonable number of tries.
If you qualify, you may get a manufacturer buyback, a comparable replacement, or cash compensation—plus your attorney’s fees are typically paid by the manufacturer.
- Covers new cars, SUVs, vans, and light trucks bought or leased in California.
- Applies to defects that substantially impair use, value, or safety.
- You must give the manufacturer/dealer a reasonable chance to repair.
- Lawyer fees and costs are usually paid by the automaker if you win.
- Confirm your car is still under the manufacturer’s warranty.
- Check whether the same problem has been repaired multiple times.
- Talk to a California lemon law lawyer before accepting any offer.
Who Qualifies and What Facts Matter
Key factors for California claims
You may qualify if your new vehicle had repeat repairs for the same defect or spent long periods in the shop during the warranty.
California’s presumption helps if issues happened within 18 months of delivery or 18,000 miles, but you can still win outside that window.
- 2+ repair attempts for a defect likely to cause serious injury or death.
- 4+ repair attempts for other substantial defects.
- 30+ total days out of service for warranty repairs.
- Purchased or leased in CA for personal use (some small businesses qualify).
- Review all repair orders for repeating symptoms and dates.
- Note miles at the first repair attempt for the defect.
- Confirm the defect wasn’t caused by abuse, racing, or unauthorized mods.
How California Law Works
Song-Beverly Act and Tanner presumption
Under the Song-Beverly Consumer Warranty Act, a manufacturer must promptly fix covered defects. If it cannot after a reasonable number of attempts, you may be entitled to a buyback or replacement.
Buyback usually returns your paid price, taxes, registration, and incidentals, minus a mileage offset based on miles at the first repair attempt. Courts may award civil penalties up to 2x actual damages if the automaker willfully violates the law.
- Remedies: buyback, replacement, or cash-and-keep.
- Attorney’s fees and costs typically paid by the manufacturer if you prevail.
- Arbitration is optional in California—not required.
- General deadline: 4 years from when you knew of the warranty breach.
- Reasonable attempts are presumed if within 18 months/18,000 miles you have: 2+ safety repairs, 4+ other repairs, or 30+ days in the shop.
- You must allow a final repair opportunity if the manufacturer requests it.
- Used demo/company cars sold as new are usually covered as “new.”
What to Do Now: Step-by-Step
Protect your rights early
A few quick moves can make or break your claim. Document everything and avoid signing away rights.
An experienced California lemon law lawyer can assess your case for free and pursue the best remedy without upfront fees.
- Keep driving or storing the car safely; don’t disable warning lights.
- Avoid aftermarket modifications until your claim is resolved.
- Use the dealership for warranty repairs—independents may complicate proof.
- Photograph the dash warnings, leaks, noises, and tow events.
- Schedule warranty service and describe symptoms the same way each time.
- Get a repair order every visit—ensure dates, mileage, and complaints are listed.
- Request service history printouts from the dealer.
- Send a brief written notice to the manufacturer if problems persist.
- Call a California lemon law attorney before negotiating with the automaker.
Common Mistakes to Avoid
Simple errors that weaken strong cases
Small missteps can reduce your payout or sink a valid claim.
Stay methodical and let your lawyer handle negotiations.
- Waiting too long to act or missing filing deadlines.
- Accepting a low goodwill check or trade-in to “make it go away.”
- Letting the dealer keep the car without written repair orders.
- Agreeing to manufacturer arbitration without legal advice.
- Signing a broad release when picking up the vehicle.
- Insist on complete, legible repair paperwork every time.
- Escalate to the manufacturer and request a final repair opportunity.
- Consult a CA lemon law lawyer before any settlement or trade.
What to Prepare Before Calling a CA Lemon Law Lawyer
Documents and details to speed up your case
Having key records ready helps your attorney move fast and push for a strong settlement.
Most CA lemon law attorneys offer free consultations and work on contingency, with fees sought from the manufacturer if you win.
- Purchase/lease contract and window sticker (Monroney).
- All repair orders, invoices, and tow/rental receipts.
- Photos/videos of the defect and dashboard warnings.
- A timeline of repair dates, mileage, and days out of service.
- Warranty booklet and any emails/texts with the dealer or maker.
- List your top three recurring symptoms in plain language.
- Write the mileage at the first repair attempt for each issue.
- Note any safety incidents, stalls, or loss-of-power events.