California Lemon Law FAQs

The California Lemon Law (part of the Song‑Beverly Consumer Warranty Act in California Civil Code §§1793.2, 1793.22, 1794) protects consumers who buy or lease new or used vehicles covered by a manufacturer’s warranty. It requires manufacturers to repair a vehicle that has substantial defects affecting its use, value or safety. If the manufacturer cannot fix the defect after a reasonable number of repair attempts, they must replace the vehicle or refund the purchase price.

Cars, trucks, SUVs, motorcycles, RVs and other motor vehicles registered in California may qualify if they:

- Are primarily for personal, family or household use (certain small business vehicles may also qualify).

- Are sold or leased with a manufacturer’s warranty (this includes used vehicles if still under warranty).

- Suffer a defect that substantially impairs the vehicle’s use, value or safety.

- Have been subject to a reasonable number of repair attempts during the warranty period.

Yes. Leased and used vehicles covered by the manufacturer’s original warranty are treated the same as new vehicles. Certified pre‑owned vehicles often have warranty coverage as well. Consumers should keep all warranty and service records to show the problem occurred while the vehicle was still under warranty.

California Civil Code §1793.22 creates a presumption that a vehicle is a lemon if, within the first 18 months or 18,000 miles:

- The dealer fails to fix a problem likely to cause death or serious bodily injury after two attempts, or

- The same problem has been repaired four or more times for non‑safety defects, or

- The vehicle is out of service for warranty repairs for 30 cumulative days.

Even if these thresholds are not met, courts may still find a vehicle to be a lemon based on the nature of the defect and repair history.

Keep copies of all repair invoices and warranty service records. If your vehicle has repeated problems that substantially impair its use, value or safety, consult a qualified lemon‑law attorney. An attorney can review your documents, determine whether the law applies and advise you on the next steps.

Step 1: Document everything. Save purchase contracts, warranty booklets, all repair orders and receipts, and any correspondence with the dealer or manufacturer.

Step 2: Notify the manufacturer. Let the manufacturer know about the defect in writing and give them an opportunity to repair it.

Step 3: Consult an attorney. A lemon‑law lawyer can evaluate your case, gather evidence and negotiate with the manufacturer on your behalf.

Step 4: File a claim. If the manufacturer does not offer a fair settlement, your attorney can file a claim in court.

California law does not require consumers to go through arbitration. Some manufacturers offer arbitration programs, but you are not obligated to participate unless you agree to do so. Arbitration decisions are not binding.

The statute of limitations for a California lemon‑law claim is four years from the date you first discovered (or should have discovered) that the vehicle was a lemon. Because evidence can become harder to gather over time, it is best to act quickly.

Yes, provided that the defect first occurred and repair attempts were made while the vehicle was under warranty and the manufacturer was notified of the problem.

You may still have a claim if you sold the vehicle after the defect arose during the warranty period and you retained documentation. Consult an attorney to determine whether you can seek reimbursement for what you paid versus what you received when selling.

If your vehicle qualifies as a lemon, you are entitled to either:

1. Buyback (refund)
The manufacturer must repurchase the vehicle and reimburse your down payment, monthly payments, finance charges, taxes, registration fees, and incidental expenses (towing, rental cars, etc.), minus a statutory mileage offset for use before the first repair attempt.

2. Replacement (new car)
The manufacturer must provide a comparable vehicle of the same make and model, without the defect, at no additional cost to you.

3. Civil penalties (cash reimbursement)
 In some cases where the manufacturer willfully violates the law, courts may award civil penalties of up to twice your actual damages.

The manufacturer must also pay your attorney’s fees and costs, so pursuing a claim should not cost you anything out of pocket.

California law allows manufacturers to deduct a usage fee for the miles driven before the vehicle’s first repair attempt. The formula is: (miles driven before the first repair attempt) ÷ 120 000 × purchase price. This offset applies whether you opt for a refund or a replacement.

Cases may resolve in as little as a few weeks through negotiation or take several months if litigation is necessary. The timeline depends on the complexity of the defect, the manufacturer’s willingness to settle, and court schedules. An experienced attorney can give you a clearer estimate based on your circumstances.

Filing a claim has no direct impact on your credit score. The law exists to protect consumers, and the manufacturer is at fault for selling a defective product.

Yes. Boats, motorcycles, motor homes and other motor vehicles are covered if they are primarily used for personal or household purposes and are sold or leased with a manufacturer’s warranty. Certain vehicles used for business purposes may also be covered if they weigh less than 10 000 pounds and you own no more than five such vehicles.

- Purchase/lease contract and financing documents.

- Manufacturer’s warranty booklet.

- All repair orders and receipts showing dates, mileage and complaints.

- Correspondence with the dealer or manufacturer about the problem.

- Proof of payments, towing and rental car expenses, and any related costs.

While you are not required to hire a lawyer, an experienced attorney understands the statutes and the manufacturer’s tactics. Lawyers typically work on a contingency basis. This means that the manufacturer pays your legal fees if you win, so there is little downside to getting legal help.