San Diego Auto Defect & Lemon Law Attorneys

Q: Does the California Lemon Law apply to used cars?

Usually not. After Rodriguez v. FCA US (California Supreme Court, October 31, 2024), used cars sold with only the balance of the original factory warranty generally are not covered by the buyback or replacement remedy. Vehicles sold with a new manufacturer warranty, such as some certified pre-owned programs, and claims under a dealer's own warranty can still qualify. Purchases from a private seller, rather than a business that sells cars, are generally not covered.

At Banker’s Hill Law Firm, we know how frustrating it is to buy a car you can’t rely on.

If your vehicle keeps breaking down despite repeated repair attempts, you may have a valid California lemon law claim. Our experienced San Diego Lemon Law Attorneys are here to fight for your rights and ensure you receive the justice and compensation you deserve.

What Is California Lemon Law?

The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act, was created to protect consumers. If you’ve purchased or leased a car that spends more time in the repair shop than on the road, you may qualify for relief under this law.

Key protections include:

Applies to new vehicles purchased or leased in California. After Rodriguez v. FCA US (2024), used and certified pre-owned vehicles generally qualify only if they were sold with a new manufacturer warranty, though dealer warranty claims may still be possible.
Covers cars, trucks, SUVs, and the chassis and drivetrain of some RVs. Motorcycles are excluded from the vehicle buyback rules but may have other warranty claims.
If the manufacturer fails after a reasonable number of repair attempts, you may be entitled to a replacement vehicle or a refund.

Common Lemon Law Cases We Handle

Engine, transmission, or electrical system failures
Certified pre-owned vehicles sold with a new manufacturer warranty that develop recurring issues
Vehicles that remain in the repair shop for more than 30 days during the warranty period
Safety-related defects that the dealer cannot resolve

Why Hire Banker’s Hill Law Firm?

Car manufacturers and dealerships often have entire legal teams fighting to deny or reduce valid claims. By working with our San Diego Lemon Law Lawyers, you’ll have a trusted team with decades of experience protecting consumers.

35 years of legal experience
No fees unless we win your case
Personalized, bilingual service in English and Spanish
A proven record of success in California lemon law claims
Community-based law firm proudly serving San Diego

Don’t let a defective vehicle cost you more time and money.

Contact Banker’s Hill Law Firm’s San Diego Lemon Law Attorneys today for a free case evaluation.

Free Case Evaluation

Do I Qualify for Lemon Law in California? Who Is Eligible?

Your vehicle has a substantial defect covered by warranty.
The dealer or manufacturer has made two or more repair attempts for serious safety defects or four or more attempts for non-safety issues.
Your car has been in the shop for more than 30 cumulative days.
California presumes a car is a lemon when these repair attempts or days out of service happen within 18 months or 18,000 miles of delivery (whichever comes first). Claims outside that window can still succeed.

Our San Diego Lemon Law Lawyers at Banker’s Hill will carefully review your situation to determine if your case meets California’s requirements.

Covered Vehicles

New cars under manufacturer warranty
Certified pre-owned vehicles sold with a new manufacturer warranty
Leased cars and trucks
The chassis and drivetrain of certain RVs (motorcycles fall outside the vehicle buyback rules)

What Compensation Can You Receive?

A refund of your purchase price (minus mileage offset)
A replacement vehicle
Reimbursement for repairs, towing, and rental car costs
Payment of your attorney’s fees by the manufacturer

Client Example

A San Diego driver came to us after buying a certified pre-owned SUV that developed repeated transmission issues. After multiple failed repair attempts, we secured a full refund under California’s lemon laws.

Past results do not guarantee a similar outcome. Every case is unique and depends on its individual circumstances.

What Evidence Do You Need to Win a Lemon Law Claim in California?

Strong documentation is one of the most important factors in a successful Lemon Law claim. California law requires proof that the vehicle had a substantial defect, that the manufacturer or dealership was given a reasonable opportunity to repair it, and that the problem still persists.

To support your case, it is essential to keep copies of all repair orders, work invoices, service records, and communication with the dealership. These documents should clearly show the dates and mileage for each repair attempt, as well as a detailed description of the issue and what was done to correct it. Even if the dealership writes ‘no problem found,’ this still serves as valuable evidence that attempts were made.

You should also gather warranty paperwork, purchase or lease agreements, financing contracts, and any factory recall notifications you may have received. If the vehicle spent a significant amount of time in the repair shop, keeping track of the number of days out of service can help demonstrate a violation of California’s Lemon Law ‘30-day rule.’

Written correspondence with the manufacturer, including emails, text messages, or dealership responses, can also strengthen your claim by showing that the manufacturer was aware of the ongoing defect. In some cases, legal teams will also request technician notes, expert vehicle inspections, or diagnostic reports to help prove that the defect affects safety, use, or vehicle value.

Having complete and organized documentation helps attorneys build a strong case and reduces the chances of the manufacturer disputing your claim. It shows a clear pattern of persistent problems and confirms that the vehicle was never properly repaired despite multiple opportunities to do so.

Common Tactics Manufacturers Use to Deny Lemon Law Claims

Many vehicle owners are surprised to learn that even when they have a valid Lemon Law case, manufacturers often deny claims or attempt to minimize compensation. One common tactic is claiming that the problem is ‘normal’ for the vehicle or does not affect safety or usability.

Manufacturers may also blame the owner, arguing that the defect resulted from improper maintenance, modifications, or normal wear and tear. In some cases, dealerships repeatedly write ‘no problem detected’ on repair records, making it harder to prove that the defect exists — even when it clearly does.

Another tactic is causing delays. Manufacturers may demand more repairs, request repeated inspections, or claim they need additional diagnostic testing, all while hoping that frustrated consumers eventually give up.

Some manufacturers tell vehicle owners that their car does not qualify because it was purchased used or leased, even though leased vehicles are covered and certified pre-owned vehicles sold with a new manufacturer warranty may still qualify.

They may also rely on incorrect mileage calculations or refuse claims because the vehicle is beyond a certain age, even when it was still under warranty at the time of the repair attempts.

This is where legal representation becomes essential. Attorneys understand how manufacturers use these strategies and how to counter them with strong documentation, legal knowledge, and expert testimony.

With the right evidence, legal teams can push back against unfair denials and hold manufacturers accountable. Since California law allows successful consumers to recover attorney’s fees, filing a Lemon Law case with legal support is often risk-free and much more effective.

How Banker’s Hill Law Firm Can Help You

Our Proven Process

Free Evaluation – We review your case details.
Case Filing – We prepare and submit your lemon law claim.
Negotiation & Litigation – We negotiate with the manufacturer and, if necessary, take your case to court.
Resolution – You receive a refund, replacement, or other compensation.

For the full sequence, including the pre-suit notice and arbitration options, read our guide on how to file a lemon law claim in California.

Why Choose Banker’s Hill Law Firm?

Trusted San Diego Lemon Law Lawyers for over three decades
Deep knowledge of California lemon law and court procedures
Bilingual representation – we speak your language: English, Spanish, Russian, Arabic, Lao and Cantonese.
Proven record of winning lemon law cases against manufacturers and dealerships

Speak With a Lemon Law Attorney

FAQs About California Lemon Laws

Usually not. After Rodriguez v. FCA US (California Supreme Court, October 31, 2024), used cars sold with only the balance of the original factory warranty generally are not covered by the buyback or replacement remedy. Vehicles sold with a new manufacturer warranty, such as some certified pre-owned programs, and claims under a dealer’s own warranty can still qualify. Purchases from a private seller, rather than a business that sells cars, are generally not covered.

Even non-safety defects can qualify if the dealer fails to repair them after multiple attempts. California presumes a vehicle is a lemon if the same problem goes in for repair four or more times, or the vehicle spends more than 30 calendar days in the shop, within 18 months or 18,000 miles (whichever comes first). If the manufacturer disclosed it in writing, you may also need to notify the manufacturer directly.

If your vehicle is out of service for repairs for more than 30 calendar days in total, that can support a lemon law claim. When this happens within 18 months or 18,000 miles of delivery (whichever comes first), California presumes the vehicle is a lemon. The days do not have to be consecutive, so keep every repair order as proof of the time in the shop.

It depends on the manufacturer. If the manufacturer opted into California’s 2025 lemon law procedures (AB 1755 and SB 26), you generally must file within one year after your warranty expires and no later than six years after delivery. Otherwise, the general four-year limit applies. Deadlines can be short, so contact us promptly.

Often yes, if the manufacturer opted into California’s 2025 lemon law procedures (AB 1755 and SB 26). In that case, you generally must give the manufacturer written notice at least 30 days before suing for civil penalties, including your name, your VIN, a summary of the repair history and a demand for repurchase or replacement. The manufacturer then has 30 days to make an offer and, if it does, 60 days to complete the repurchase or replacement.

Many lemon law claims settle out of court. However, our San Diego Lemon Law Attorneys are fully prepared to litigate if necessary.

Usually nothing out of pocket. The Song-Beverly Act lets prevailing consumers recover attorney fees from the manufacturer, and we offer a free evaluation. You typically pay no fee directly.

It depends on the manufacturer and on whether the case settles or goes to trial. If the manufacturer opted into California’s 2025 lemon law procedures, it has 30 days to respond to a pre-suit notice and 60 days to complete any repurchase or replacement it offers. Cases that go to litigation can take longer, but many resolve before trial.

The buyback is based on the price you paid or owe for the vehicle, including sales tax, registration and other collateral charges, plus incidental costs such as repairs, towing and rental cars. It does not include accessories installed by the dealer or the buyer. It is reduced by a mileage offset: (miles driven before you first took the vehicle in for repair of the defect ÷ 120,000) × price paid. If you win, the manufacturer pays your attorney’s fees separately.

A qualifying claim can lead to a refund (a buyback), a replacement vehicle, or cash compensation, often plus your attorney fees. A buyback refunds what you paid, minus a mileage offset for use before the first repair attempt. We calculate what you are owed.

Settlement amounts vary based on the vehicle’s original purchase price, the nature of the defect, and how the case resolves. Eligible consumers may receive a full vehicle repurchase, a replacement of comparable value, or cash compensation. California law also entitles successful consumers to recover their attorney’s fees. An attorney can evaluate your specific case and give you a realistic picture of what you may be entitled to.

Free Lemon Law Case Evaluation in San Diego

If you’re dealing with a defective vehicle, don’t wait. The experienced team at Banker’s Hill Law Firm A.P.C. is here to fight for your rights under the California Lemon Law. Our San Diego law firm represents injured clients throughout the county, including Chula Vista, National City, El Cajon, La Mesa, Spring Valley, Santee, Lemon Grove, Imperial Beach, Oceanside, Carlsbad, Escondido, and San Marcos.

Call us at: (619) 230-0330