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California Lemon Law for Electric Vehicles

Electric vehicles represent the future of driving, but they're not without problems. From battery degradation to software failures, EVs can develop defects just like traditional vehicles. California lemon law fully covers electric vehicles, and The Lemon Pros has extensive experience with EV claims.

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Key Takeaways

EVs and the California Lemon Law at a Glance

California lemon law covers electric vehicles under the Song-Beverly Consumer Warranty Act. If your EV has a substantial defect the manufacturer cannot fix within a reasonable number of attempts while it is under warranty, you may be owed a buyback, a replacement, or a cash settlement.

Who Qualifies

owners and lessees of new or used EVs still covered by a manufacturer's warranty, including Tesla, Rivian, Lucid, and plug-in hybrids.

Repair Thresholds

generally four or more repair attempts for the same defect, two or more for a serious safety defect, or 30 or more cumulative days out of service.

What You Can Recover

a buyback (purchase price refund minus a mileage offset), a comparable replacement vehicle, or cash to keep the car.

Cost to You

nothing out of pocket. The Act's fee-shifting provision makes the manufacturer pay your attorney fees when you win.

Good to Know

the high-voltage battery and drivetrain often carry an 8-year or 100,000-mile warranty, giving you a longer window to raise a battery or drive-unit defect. Note that after the 2024 Rodriguez v. FCA decision, a used EV carrying only the balance of a factory warranty generally no longer qualifies for a buyback or replacement, though a certified pre-owned EV with its own new warranty may, and damages and fees can still be on the table.

What Qualifies?

  • Tesla (Model S, Model 3, Model X, Model Y, Cybertruck)
  • Rivian (R1T, R1S)
  • Lucid Air
  • All other electric vehicles under warranty
  • Plug-in hybrid vehicles (PHEV)

Common Defects

Battery degradation and range loss

Charging system failures

Electric motor problems

Software and OTA update issues

Autopilot/ADAS malfunctions

Touchscreen and infotainment failures

Build quality issues (panel gaps paint)

Suspension and drivetrain noises

EVs covered by California lemon law

California lemon law protection for owners of defective evs.

Coverage

Does California Lemon Law Cover Electric Vehicles?

It does. California's Song-Beverly Consumer Warranty Act applies to EVs and plug-in hybrids just like gas vehicles, Tesla, Rivian, Lucid, and every EV from a legacy automaker included. EV-specific components like the high-voltage battery, drive units, and onboard software are all covered when they fail under the manufacturer's warranty.

The defect must substantially affect the vehicle's use, value, or safety, and the manufacturer must have had a reasonable number of repair attempts, or the car must have been out of service for 30+ cumulative days. Many EV batteries carry an 8-year/100,000-mile warranty, which gives you a long window to assert your rights.

Common Issues

Common EV Defects We See

Electric vehicles trade some old problems for new ones. These are the defects that most often support a lemon law claim.

Battery & Range Loss

Rapid range degradation, cells that won't hold a charge, thermal-management faults, and battery defects that trigger recalls or stop-drive warnings.

Charging Failures

Vehicles that won't accept a charge, onboard-charger faults, charge-port failures, and DC fast-charging that cuts out or never completes.

Software & Drive Unit

Buggy over-the-air updates, frozen touchscreens that disable controls, phantom braking, and drive-unit or motor failures that sap power.

If your EV has been back for the same issue more than once or sat waiting on parts, keep your records and get a free case review, we'll take it from there.

Frequently Asked Questions

Electric Vehicle Lemon Law Questions

Common questions about California lemon law for Tesla, Rivian, Lucid, and other EVs. For a full breakdown, see our used-car lemon law guide or estimate your claim with the buyback calculator.

Yes. The Song-Beverly Consumer Warranty Act covers electric vehicles the same way it covers gas cars. If your EV has a defect that substantially affects its use, value, or safety and the manufacturer cannot repair it within a reasonable number of attempts while it is under warranty, it can qualify. The guideline is generally four or more repair attempts for the same substantial defect, two or more for a serious safety defect, or 30 or more cumulative days out of service waiting on repairs. This applies to Tesla, Rivian, Lucid, plug-in hybrids, and EVs from legacy automakers.
Electric vehicles bring their own failure points. The ones we see most often involve the high-voltage battery (rapid range loss, cells that will not hold a charge, thermal-management faults, stop-drive warnings), the charging system (onboard-charger faults, charge-port failures, DC fast-charging that cuts out), the drive units or electric motors, and the software (buggy over-the-air updates, frozen touchscreens that disable controls, phantom braking). Any of these can qualify if the defect is substantial and the manufacturer cannot fix it under warranty.
What matters is whether the defect was reported while the vehicle was still under the manufacturer's warranty. EVs often carry two relevant warranties: a bumper-to-bumper warranty covering the whole car and a separate battery and drivetrain warranty, frequently 8 years or 100,000 miles. That longer battery warranty gives you an extended window to raise a high-voltage battery or drive-unit problem. Even if your bumper-to-bumper coverage has expired, a battery defect first reported during the battery warranty period may still support a claim.
Keep every repair order, service invoice, and dealer communication, and make sure each visit is documented in writing even when the dealer says nothing was found. Note any days your vehicle sat at the service center waiting on parts, which is common with EV components. Report defects to the manufacturer or authorized dealer, not just a third-party shop, so the attempts count toward your claim. Then request a free case review and we will assess whether the repair history meets the Song-Beverly standard.
If your EV qualifies, you may be entitled to a buyback (a refund of your purchase price, payments, and down payment, less a mileage offset), a replacement vehicle of comparable value, or a cash settlement that lets you keep the car. You can also recover incidental costs such as towing, rental, and charging-related expenses. Under the Act's fee-shifting provision, the manufacturer pays your attorney fees and costs when your case succeeds, so representation costs you nothing out of pocket.
It depends, and the rules for used EVs changed after the California Supreme Court's 2024 Rodriguez v. FCA decision. A used EV sold with only the remaining balance of the manufacturer's original warranty generally no longer qualifies for a buyback or replacement. A certified pre-owned EV sold with its own new warranty may still qualify. Even when a refund-or-replace remedy is off the table, used-EV owners can often still recover money damages and attorney fees. The Song-Beverly Act also reaches other electric consumer goods sold with a warranty, including electric motorcycles, boats, and the chassis and components of motorhomes, though coverage depends on the specific warranty and how the product is used. If you are unsure whether your purchase qualifies, ask us and we will review the paperwork and tell you which remedies apply.

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Cost You Another Day.

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