California Lemon Law Rules outline the conditions under which a new or certain used vehicles qualify as a 'lemon' under the state’s lemon law, also known as the Song-Beverly Consumer Warranty Act. California Lemon Law safeguards consumers who buy or lease vehicles with significant defects that affect their use, value, or safety. If these issues persist after a reasonable number of repair attempts, the manufacturer is obligated to provide either a replacement vehicle or a lemon law buyback. These protections generally apply during the warranty period and usually arise within the first 18 months or 18,000 miles from the vehicle’s original delivery date, whichever occurs first.

At The Lemon Pros, we bring years of hands-on experience handling lemon law cases exclusively, giving clients focused legal guidance backed by real results. With our main practice area being focused on California lemon law, we know what vehicles are eligible, the amount of compensation you may be owed, and how to go about the whole process. Contact us for a Lemon law free consultation and let us handle your case.

This article will explain the Lemon law rules in California, helping you understand your rights and how to pursue a claim.

What Is California's Lemon Law?

California’s Lemon Law, also called the Song-Beverly Consumer Warranty Act, was made to protect consumers who purchased or leased a defective vehicle. Under this CA law, if a car has substantial defects that affect its use, value, or safety, and the manufacturer or dealer is unable to repair the issue after a reasonable number of attempts, the consumer may receive a refund or replacement vehicle. This law is applicable to both new and used vehicles if they are still covered under the manufacturer’s warranty.

Working with the Song-Beverly Consumer Warranty Act, California also has the Tanner Consumer Protection Act adding further regulations. The Tanner Consumer Protection Act outlines how a manufacturer must respond to claims of defective vehicles.

Both of these California regulations are on top of federal laws, allowing for comprehensive protections for drivers. With a lemon law attorney, these regulations are swiftly navigated, allowing for maximum compensation from the manufacturer.

Key Lemon Law Rules in California

California Lemon law rules provide coverage for a wide variety of vehicles and addresses a broad range of problems. However, understanding the rules is essential; otherwise, your lemon law case could be easily dismissed.

Types of Motor Vehicles

Both new and used motor vehicles are covered by California law. While most of the protections refer to new cars, there are also stipulations for pre-owned cars if they were purchased from a dealership and came with a warranty. With new cars, the vehicle doesn’t need to be purchased. It could also be leased and be covered under California’s lemon law.

As far as the types of vehicles covered, most passenger cars are included. The maximum gross vehicle weight (GVM) is up to 10,000 pounds, allowing more pickup trucks, SUVs, and cars to be eligible. While the main focus is for personal and family vehicles, there are also inclusions for small business purposes, provided that the company only has up to five vehicles in the fleet.

Motorcycles, chassis cab trucks, most motor homes, and RVs also receive protection, but there’s no coverage for off-road vehicles because of the defects that could be caused by wear and tear.

Types of Defects

California lemon law covers defects that substantially impair a vehicle’s use, value, or safety, and the issue must arise while the vehicle is under the manufacturer’s warranty or original manufacturer’s warranty. Whether the problem affects a new car, used vehicle, chassis cab, or another motor vehicle sold by an authorized dealer, the same standard applies: if the same problem keeps coming back and the manufacturer fails to fix it, lemon law eligibility may exist.

Whether you are dealing with a truck or a motor home, the same regulations exist concerning defects. New or used vehicles with a defect that substantially impairs the use, value, or safety are considered eligible for Lemon law protections. Examples of common California lemon defects:

Some of the types of problems covered include major mechanical issues, such as engine failure, and minor inconveniences, even to the extent of power windows that don’t work. A vehicle qualifies if the same problem continues to reoccur without any remedy.

• Transmission hesitation
• Engine stalling
• Electrical system failures
• Steering defects
• Brake system malfunctions
• Airbag/SRS warnings

These issues often qualify because they present a safety defect that can lead to serious injury or bodily harm if left unresolved. These do not count under California lemon law requirements:

• Normal wear and tear
• Cosmetic issues that don’t affect functionality
• Damage caused by misuse or unauthorized modifications

Time Limits for Lemon Law Claims

There’s a statute of limitations to file a claim. From the time that the defect was first discovered, you have four years to start the case. However, we always encourage our clients to begin the Lemon law process as soon as possible, to ensure compensation is swift and expedited.

With that in mind, the only defects that are eligible for compensation are those that occurred within the first 18 months or 18,000 miles of taking possession of the new motor vehicle. The Lemon law time limit is different for used cars, based on how long the warranty coverage is.

Reasonable Number of Repair Attempts

A key factor in winning lemon law cases is proving that the automobile manufacturer was given a reasonable number of repair attempts to fix a substantial defect and failed. While many consumers hear “two to four tries,” California lemon law presumes specific standards that carry real legal weight and are critical to a successful lemon law claim.

Under California’s Lemon Law Presumption, a vehicle qualifies when any of the following occurs during the warranty period:

• Two repair attempts for a serious safety defect that could cause serious bodily injury
• Four repair attempts for a non-safety-related significant defect
• Thirty cumulative days out of service for repairs, even if different defects are involved
• Any number of repair attempts if the defect is likely to cause injury

These rules exist to prevent auto manufacturers from endlessly cycling consumers through repairs without accountability. Once these thresholds are met, the law presumes the vehicle is a California lemon, shifting the burden to the manufacturer. Additionally, the dealership may not hold your vehicle for more than thirty days across all attempts.

Manufacturer’s Warranty

Having a car covered by a warranty is one of the leading factors in claiming a lemon. The new car comes with a manufacturer’s warranty that covers all defects aside from general wear and tear or modifications. Some manufacturers have a 3-year warranty, while others extend it longer.

An extended warranty or written warranty can also be enough to file a lemon law claim. If a used vehicle comes with a warranty and is purchased from a reputable dealership, there may be a small window of time when a claim can be filed.

The extended warranty is designed to complement the factory warranty. It picks up when the factory warranty expires to provide more protection over a longer time. It doesn’t void the manufacturer’s warranty and it can still be applicable for Lemon law claims.

Lemon Law Rules for New, Used, and Leased Vehicles in California

In California, both the new and used vehicles can be considered a lemon. However, there are clear differences between the two, so it’s vital to understand the California civil code.

Coverage for New Vehicles

Both the state and federal law are mainly aimed at the new vehicle used for household purposes. Civil penalties exist for manufacturers that knowingly sell a defective vehicle or fail to repair it properly.The vehicle owner is entitled to compensation if the defect substantially impairs its use, value and safety, with no repair possible within four attempts.

These new cars are still covered by the manufacturer’s warranty and the defect must appear within the first 18 months or 18,000 miles, whichever comes first.

Coverage for Used Vehicles

There are stricter guidelines when it comes to the Lemon law for used cars. First, there must be a warranty on the vehicle. Furthermore, the car must have been purchased through an authorized dealership. A private sale won’t receive any protections.

The Lemon law filing time is different, based mainly on the warranty that’s provided. For that reason, it’s best to speak with a qualified attorney about your consumer rights.

Lemon Law Coverage for Leased Vehicles

Many consumers are surprised to learn that leased vehicles are fully protected under California lemon law rules, just like vehicles purchased outright. Under the state’s lemon law, leased cars are treated the same as purchased vehicles as long as the defect occurs while the manufacturer’s warranty is active.

For a leased motor vehicle to qualify, it must be covered by the vehicle’s warranty during the defect period, and the manufacturer must have been given a reasonable number of repair attempts. When lemon law eligibility is established, the lessee may be entitled to a replacement vehicle or a lemon law buyback that includes reimbursement for key costs.

That compensation may cover the security deposit, down payment, monthly payments already made, sales tax, registration fees, and a mileage offset based on miles driven before the first repair attempt. These protections apply to both new and used leased vehicles, making leased-car owners just as protected under California lemon law requirements.

Lemon Law Coverage for Leased Vehicles

Many consumers are surprised to learn that leased vehicles are fully protected under California lemon law rules, just like vehicles purchased outright. Under the state’s lemon law, leased cars are treated the same as purchased vehicles as long as the defect occurs while the manufacturer’s warranty is active.

For a leased motor vehicle to qualify, it must be covered by the vehicle’s warranty during the defect period, and the manufacturer must have been given a reasonable number of repair attempts. When lemon law eligibility is established, the lessee may be entitled to a replacement vehicle or a lemon law buyback that includes reimbursement for key costs.

That compensation may cover the security deposit, down payment, monthly payments already made, sales tax, registration fees, and a mileage offset based on miles driven before the first repair attempt. These protections apply to both new and used leased vehicles, making leased-car owners just as protected under California lemon law requirements.

Lemon Law Coverage for Leased Vehicles

Many consumers are surprised to learn that leased vehicles are fully protected under California lemon law rules, just like vehicles purchased outright. Under the state’s lemon law, leased cars are treated the same as purchased vehicles as long as the defect occurs while the manufacturer’s warranty is active.

For a leased motor vehicle to qualify, it must be covered by the vehicle’s warranty during the defect period, and the manufacturer must have been given a reasonable number of repair attempts. When lemon law eligibility is established, the lessee may be entitled to a replacement vehicle or a lemon law buyback that includes reimbursement for key costs.

That compensation may cover the security deposit, down payment, monthly payments already made, sales tax, registration fees, and a mileage offset based on miles driven before the first repair attempt. These protections apply to both new and used leased vehicles, making leased-car owners just as protected under California lemon law requirements.

Lemon Law Coverage for Leased Vehicles

Many consumers are surprised to learn that leased vehicles are fully protected under California lemon law rules, just like vehicles purchased outright. Under the state’s lemon law, leased cars are treated the same as purchased vehicles as long as the defect occurs while the manufacturer’s warranty is active.

For a leased motor vehicle to qualify, it must be covered by the vehicle’s warranty during the defect period, and the manufacturer must have been given a reasonable number of repair attempts. When lemon law eligibility is established, the lessee may be entitled to a replacement vehicle or a lemon law buyback that includes reimbursement for key costs.

That compensation may cover the security deposit, down payment, monthly payments already made, sales tax, registration fees, and a mileage offset based on miles driven before the first repair attempt. These protections apply to both new and used leased vehicles, making leased-car owners just as protected under California lemon law requirements.

Requirement	New Vehicles	Used Vehicles	Leased Vehicles
Warranty Required	Yes – manufacturer warranty	Yes – manufacturer or dealer warranty	Yes – manufacturer warranty
Time/Mileage Rule	18 months or 18,000 miles	Warranty period varies	Same as new vehicles
Purchase Source	Dealer	Dealer only	Dealer
Repair Attempts	2–4 or 30+ days out of service	Same	Same
Eligible for Buyback	Yes	Yes	Yes
Eligible for Replacement	Yes	Yes	Yes
Private Sales Covered?	No	No	No

Lemon Law Rights for Customers

If your vehicle qualifies as a lemon, you are entitled to compensation from the manufacturer. You don’t deserve to be stuck in a defective vehicle any longer, and an experienced lawyer can help you take legal action.

Not only is it important for you to reclaim your time and money, but it’s also essential that the manufacturer be held responsible. Only by filing these claims can we help prevent defective vehicles from being sold in the first place.

5 Steps to Win a Lemon Law Claim in California

Winning a lemon law claim doesn’t happen by accident; it happens by following the right legal process from the start. If you want fair settlement terms and appropriate compensation, these steps matter.

Step One: Documenting Your Case

Winning lemon law cases almost always starts with documentation. Starting with the initial repair attempt, it is crucial to establish a documented record that demonstrates the persistent issue, even after repairs. This includes repair orders, invoices, diagnostic notes, and any communication with the authorized dealer or automobile manufacturer. Make sure every service visit references the same symptoms consistently, because repair history is one of the strongest tools a knowledgeable lemon law attorney uses to prove that a defect substantially impairs the vehicle’s use, value, or safety.

Step Two: Notify the Manufacturer

The lemon law in California presumes that manufacturers must be given a reasonable number of repair attempts, but “reasonable” has a very specific meaning under the state’s lemon law. Returning to the same authorized dealer matters, as does ensuring the vehicle remains covered under the manufacturer’s warranty during each visit. If a serious safety defect could lead to serious bodily injury, fewer attempts are required, and extended time out of service can trigger eligibility even faster. Skipping this step or repairing outside the dealer network can seriously weaken a lemon law claim.

Step Three: Preserve Warranty Coverage

Preserving warranty coverage is essential to lemon law eligibility, yet it’s one of the most common places consumers unknowingly make mistakes. California lemon law only applies when the substantial defect appears during the vehicle’s warranty period or original manufacturer’s warranty, so timing matters. All repair attempts should be performed by an authorized dealer while the car warranty is active, and your paperwork should clearly reflect mileage and dates tied to the vehicle’s original delivery date. A knowledgeable lemon law attorney can quickly confirm whether your vehicle still qualifies before that coverage window closes.

Step Four: Provide Written Notice to the Manufacturer

California lemon law requirements also require consumers to give the automobile manufacturer written notice once a reasonable number of repair attempts has failed. This notice formally informs the manufacturer about the unresolved defect and the possibility of pursuing lemon law remedies. It should include the vehicle identification number, a summary of the repair history, and a clear explanation of how the defect substantially impairs the vehicle’s use, value, or safety. When handled properly, written notice often accelerates the lemon law process and puts pressure on the manufacturer to offer a fair settlement.

Step Five: Hire a Lemon Law Car Lawyer

Once documentation is solid and the manufacturer fails to act, the final steps involve strategy and leverage. A qualified lemon law attorney understands how to apply the Tanner Consumer Protection Act, negotiate with auto manufacturers, and demand appropriate compensation—whether that’s a lemon law buyback, replacement vehicle, or cash settlement.

Furthermore, the typical fees for lemon law attorneys range from $400 to $600 an hour, but the cost should never deter you from hiring the professional you deserve. Hire an expert to avoid losing your chance to get your money back.

Many lemon law attorneys work on a contingency basis, meaning that you may not have to pay anything out of pocket. Instead, the lawyer will receive their fees after you win your case. This setup ensures that everyone has access to a qualified attorney, no matter their financial situation. Additionally, hiring a skilled attorney often shortens the legal process and increases the likelihood of a fair settlement that covers purchase price, sales tax, and other losses.

What Compensation Can You Receive Under California Lemon Laws?

Arbitration with a third party or litigation may result in several remedies. Depending on your goals and the defect, you may be happy with one of these outcomes.

• Replacement vehicle: The manufacturer may supply you with a new vehicle and it will be similar to the one you already have with equal value. It is guaranteed to be defect-free.
• Lemon law buyback: A lemon law buyback in California occurs when the manufacturer offers cash compensation for you to return the vehicle. You won’t usually receive the full purchase price back because you probably got some use of the vehicle before the defect began, but you can expect the amount to be figured based on the inconveniences you’ve encountered. Other expenses may be included in the reimbursement, including sales tax and registration fees. You can use our lemon law buyback calculator to estimate the amount you could get back.
• Cash payout: The manufacturer may offer a small lump sum settlement for you to keep the vehicle. Talk with your attorney about the ramifications of taking this payout.
• Additional compensation: Depending on the situation, you may be due for additional money for your troubles. For example, if you needed to pay for a car rental while your car was in the shop, the manufacturer should be held responsible. This also applies to any out-of-pocket car repairs or third-party inspections required to support your case.

It's best to speak with your attorney about the possible compensation resulting from a California Lemon law claim. Together, you can decide what the best option may be in your situation..

What Is the Average Time to Resolve a Lemon Law Claim in California?

The lemon law claim doesn’t need to take long if you have all your documentation in order. In some cases, a resolution is reached within just a couple of months. But some cases will go to court and take longer, so ask your lawyer about a reasonable time frame.

Need a California Lemon Law Attorney?

California Lemon law protects people from defective consumer goods, including cars. You don’t have to be stuck in a vehicle that makes you feel unsafe or has diminishing value because of a defect that can’t be repaired. Understanding the rules and your rights equips you to confront the largest manufacturers. Just remember, it’s important to act quickly and work with an experienced Lemon law attorney to get the justice you deserve.

The Lemon Pros serve Californians with options to get out from behind the wheel of faulty cars. Our Lemon law lawyers have helped thousands of consumers get the compensation they deserve for their defective vehicle, and we want to help you too. Reach out to us today for a free consultation.

FAQs

Understanding lemon law requirements in California can feel overwhelming, especially when you’re dealing with a faulty vehicle and unreliable transportation. These quick answers address the most common questions we hear from consumers.

What Is the Mileage Limit for the Lemon Law in California?

Lemon law protections typically apply within the first 18 months or 18,000 miles from the vehicle’s original delivery date, whichever occurs first, though claims must still be filed within the legal time limits.

Can I Sue a Dealership for Selling Me a Lemon Used Car?

Usually, claims are brought against the automobile manufacturer—not the dealer—unless the dealer provided its warranty or engaged in misconduct under consumer affairs regulations.

What Is the Time Limit for the Lemon Law in California?

Most claims must be filed within up to four years from when the defect was discovered, with newer rules requiring action within one year of warranty expiration.

What Problems Does CA Lemon Law Cover?

California lemon law covers defects that substantially impair use, value, or safety, including engine, transmission, braking, steering, electrical, and airbag issues.

Does California Lemon Law Cover Electric Vehicles (EVs)?

Yes, EVs are vehicles covered under California lemon law, including defects involving batteries, charging systems, and software failures.

How Much Does It Cost to Hire a California Lemon Law Attorney?

Nothing upfront in most cases—manufacturers pay legal fees if you win, making legal guidance accessible to consumers seeking justice.