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If you bought a car in California that keeps breaking down, you may have a lemon, and California has one of the strongest consumer-protection laws in the country to make that right. This guide explains what the California lemon law is, how it works, who qualifies, and exactly how to file a claim, with all the 2024–2026 changes you need to know.
Key Takeaways
- California’s lemon law is the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§1790–1795.8), with the Tanner Consumer Protection Act (§1793.22) setting out when the law presumes a manufacturer has had a reasonable number of repair attempts.
- The law presumes the manufacturer has had a reasonable number of repair attempts when, within 18 months or 18,000 miles, it has had 2 or more attempts on a defect likely to cause death or serious injury, 4 or more attempts on the same defect, or the vehicle has been out of service for more than 30 calendar days.
- Used cars are largely out after the October 2024 Rodriguez v. FCA US LLC decision. Dealer-owned cars and demonstrators sold with a new car warranty still qualify, coverage for certified pre-owned cars is unsettled, and federal Magnuson-Moss claims remain available.
- AB 1755 and SB 26 (in effect since 2025) created an opt-in fast track for manufacturers, with a 30-day pre-suit notice if you want to seek civil penalties, mandatory mediation within 150 days of the answer, and a shorter statute of limitations.
- A successful claim entitles you to a refund (buyback) or replacement vehicle, plus incidentals.
- The manufacturer pays your attorney’s fees if you win. Civil Code §1794(d) lets a buyer who wins recover reasonable fees and costs.
Think you have a lemon? Get a Free Evaluation from our San Diego lemon law team. Call (619) 230-0330 or request your Free Evaluation.
What Is Lemon Law?
Lemon law refers to consumer-protection statutes that give buyers of defective vehicles the right to a refund or replacement when the manufacturer cannot fix the defect after a reasonable number of repair attempts. Car lemon laws exist in every state, plus the federal Magnuson-Moss Warranty Act covers any consumer product with a written warranty. California’s version is widely considered one of the most consumer-friendly in the country.
The core idea is simple: if you bought or leased a vehicle covered by a manufacturer’s warranty and it has a substantial defect the manufacturer cannot fix, you should not be stuck with it. The law requires the manufacturer to refund your money, less a mileage offset (known as a “buyback”), or replace the car with a substantially identical new one, and you can insist on the refund. The manufacturer bears that cost.
California Lemon Law Explained: The Song-Beverly Consumer Warranty Act
In California, the lemon law lives inside the Song-Beverly Consumer Warranty Act (Civil Code §§1790–1795.8). A specific provision called the Tanner Consumer Protection Act (§1793.22) defines when the law presumes a manufacturer has had a reasonable number of repair attempts. Together they require manufacturers to repair, replace, or refund defective vehicles covered by an express warranty.
Two features make California’s framework particularly strong:
- Implied warranty of merchantability. Unless it is properly disclaimed, a new vehicle sold at retail in California comes with an implied warranty that it is fit for its ordinary purposes. Some sales also carry an implied warranty of fitness for a particular purpose. On a new vehicle, the implied warranty lasts as long as the express warranty, but never less than 60 days or more than one year. A hidden defect that existed during that period can support a claim even if you discover it later.
- Fee-shifting under §1794(d). California requires the manufacturer to pay the consumer’s attorney’s fees if the consumer prevails. This is why many lemon law attorneys charge no upfront fee.
How Does the Lemon Law Work in California?
The basic flow is straightforward. If your vehicle has a substantial defect covered by the manufacturer’s warranty, you bring it to an authorized dealer for repair. If the dealer can’t fix it after a reasonable number of attempts, the manufacturer is required to either replace the vehicle or buy it back from you.
If the manufacturer denies your claim or stalls, you have the right to escalate. Depending on the manufacturer, that may mean going through a state-certified arbitration program, sending a pre-suit notice, or filing a lawsuit. A successful claim recovers the price you paid plus taxes, registration, and incidental costs, minus a statutory mileage offset for the miles you drove before you first brought it in for the problem.
How Does a Car Qualify for Lemon Law in California?
A car can qualify for lemon law in California when it has a warranty-covered defect that substantially impairs its use, value, or safety, and the manufacturer or its authorized dealer cannot fix it after a reasonable number of repair attempts (Civil Code §1793.2(d)). The law presumes that number has been reached after two repairs of a serious safety defect, four repairs of the same defect, or more than 30 days in the shop within 18 months or 18,000 miles, whichever comes first (Civil Code §1793.22(b)).
Use this checklist to test your vehicle. A “no” on any line does not always end the claim, but it is the point a manufacturer is most likely to contest.
- Eligible vehicle. You bought or leased it new with a manufacturer’s warranty, mainly for personal, family, or household use. A business vehicle also counts if it has a gross vehicle weight under 10,000 pounds and no more than five vehicles are registered to the business in California. Motorcycles and off-road-only vehicles are excluded (§1793.22(e)(2)), and used cars are covered in the section below.
- Covered by the express warranty. The problem falls within the manufacturer’s written warranty, and you reported it while that warranty was in effect.
- A substantial defect. It impairs the vehicle’s use, value, or safety (§1793.22(e)(1)). Examples include faulty brakes, transmission failure, persistent stalling, electrical defects, and steering issues.
- A reasonable number of repair attempts. The manufacturer or its authorized dealer had the vehicle for repair and did not fix the problem (§1793.2(d)(2)). No single number applies to every case, and the presumption below is how many buyers prove this point.
- Not caused by misuse. The problem did not come from unauthorized or unreasonable use after the sale, such as abuse or neglect (§1794.3).
If those points are met, §1793.2(d)(2) requires the manufacturer to promptly replace the vehicle or refund your money. You can always choose a refund instead of a replacement, and you cannot be forced to accept a replacement.
The 18-month / 18,000-mile presumption window
Under §1793.22, the law presumes the manufacturer has had a reasonable number of repair attempts if any of the following happens within the first 18 months from delivery or 18,000 miles, whichever comes first:
Defect type | Repair attempts | Out-of-service trigger |
|---|---|---|
Defect likely to cause death or serious bodily injury | 2 or more | — |
Same defect, any type | 4 or more | — |
Any covered defect | — | More than 30 calendar days in total |
The 30 days do not have to be consecutive, and the limit can be extended only for conditions beyond the manufacturer’s control. Two conditions can affect the presumption:
- Direct notice. For the two-repair and four-repair triggers, you must have told the manufacturer directly at least once if the warranty or owner’s manual clearly disclosed that requirement.
- Certified arbitration. If the manufacturer has a state-certified arbitration program and told you about it in time, you must try that program before you can rely on the presumption (§1793.22(c)).
Outside the window, you may still have a valid claim, because the statute creates a presumption, not a hard cutoff. You would simply have to prove that the manufacturer had a reasonable opportunity to fix the problem without the presumption’s help. Inside the window, the manufacturer can still try to rebut the presumption.
Documentation matters more than you think
Manufacturers routinely argue the defect is minor, doesn’t affect safety, or wasn’t actually present. Your repair orders, invoices, technician notes, and written communications with the dealer build the paper trail that answers those arguments. Even a visit where the dealer wrote “no problem found” can help, because it shows you reported the defect.
What Vehicles Are Covered Under California Lemon Law?
The California lemon law applies to motor vehicles sold or leased in California with a manufacturer’s new vehicle warranty. That covers:
- New cars, trucks, SUVs, and vans (motorcycles are excluded from these vehicle rules but may still have warranty claims)
- Leased vehicles, since a person who leases a new vehicle has the same rights as a buyer
- Electric vehicles, on the same terms as gas vehicles
- Business-use vehicles with a gross vehicle weight under 10,000 pounds, if no more than five vehicles are registered to the business in California
- Dealer-owned vehicles and demonstrators sold with a manufacturer’s new car warranty
- RVs and motorhomes under specific conditions, depending on the type of warranty and the vehicle’s use
The defect has to be covered by the warranty and not caused by abuse, neglect, accident damage, or unauthorized modifications.
Does Lemon Law Apply to Used Cars in California?
This is where the law changed significantly in late 2024. Lemon law used cars protections in California are now far narrower than they were before.
In Rodriguez v. FCA US LLC (Cal. Supreme Court, October 2024), the court ruled that a used car with time left on the original manufacturer’s warranty is not a “new motor vehicle” under the Song-Beverly Act unless a new car warranty was issued with the sale. That decision narrowed protections that consumers and many courts had assumed were available.
What still works after Rodriguez:
- Dealer-owned vehicles and demonstrators sold with a manufacturer’s new car warranty still qualify. Certified pre-owned (CPO) cars are less certain: at least one federal court has ruled that a CPO warranty does not count as a new car warranty.
- Claims against the dealer. If a dealer sold you the used vehicle with an express warranty, Song-Beverly gives you claims against that dealer, including an implied warranty lasting 30 days to three months (§1795.5). The manufacturer is generally not liable on these claims unless it played a substantial role in the sale.
- Federal Magnuson-Moss Warranty Act claims remain available for used vehicles with a written warranty, regardless of Rodriguez.
If you bought a used car with a defect, the answer is no longer a clean yes or no. A purchase from a private seller, rather than a business that sells cars, is generally outside Song-Beverly (§1791(b)). Talk to a lemon law attorney about which path applies to your specific transaction.
What Does the Lemon Law Cover (and Not Cover)?
Covered | Not Covered |
|---|---|
Substantial defects in materials or workmanship | Damage from accidents or collisions |
Defects that impair use, value, or safety | Wear and tear from normal use |
Issues covered by the manufacturer’s warranty | Damage from owner abuse or neglect |
Persistent issues across multiple repair visits | Defects caused by unauthorized modifications |
Defects appearing during the warranty period | Most post-warranty defects |
If your defect falls in the left column, the law gives you a path. If it’s in the right column, you likely don’t have a Song-Beverly claim, though other consumer-protection laws may still apply.
2025–2026 Updates: AB 1755 and SB 26
A major procedural overhaul of California lemon law took effect in 2025.
Assembly Bill 1755 (signed September 2024) and the cleanup bill Senate Bill 26 (signed April 2025) created a manufacturer opt-in framework. Manufacturers can elect to be governed by a fast-track set of procedures for vehicles sold in 2025 and earlier years, and for vehicles sold in later five-year election periods (CCP §§871.29–871.30).
If your manufacturer opted in, your case involves a 30-day pre-suit notice if you want to seek civil penalties, mandatory mediation, early document exchange, and a shorter statute of limitations. Our lemon law filing steps explain what to do at each stage.
If your manufacturer did not opt in, your case runs on the legacy Song-Beverly procedural framework, with the traditional four-year statute of limitations and the standard litigation arc.
The core remedies (a buyback, a replacement, and attorney’s fees if you win) are available on either track. What changes is the timeline, the notice step, and some refund details. For example, an opted-in manufacturer can take an offset for certain third-party add-ons and for negative equity from a prior vehicle (§871.27).
The California Department of Consumer Affairs publishes the official list of opted-in manufacturers through its Arbitration Certification Program. When a vehicle is sold new under the 2025 rules, the manufacturer must also tell the buyer which procedure governs it (§871.29(d)). The state’s list does not show which sale years each election covers, so the answer can differ for a 2024 car and a 2026 car from the same manufacturer. Your sale paperwork or an attorney can confirm which rules apply to your vehicle.
California Lemon Law Buyback Formula: How Refunds Are Calculated
If your vehicle is bought back, you don’t get back exactly what you paid. You get back what you paid minus a statutory mileage offset for the miles you drove before you first brought the vehicle in for the problem.
Buyback = Total amount paid (or payable) − Mileage Offset
Mileage Offset = (Miles before first repair visit for the problem ÷ 120,000) × Purchase Price
Worked example: You bought a $30,000 vehicle and brought it in for the first time at 5,000 miles for transmission problems.
- Mileage Offset = (5,000 ÷ 120,000) × $30,000 = $1,250
- Buyback before incidentals = $30,000 − $1,250 = $28,750
That $28,750 is paid out in two parts: the manufacturer pays off any remaining loan, and you receive the balance, which is what you have already paid, including your down payment and monthly payments, minus the mileage offset. On top of that, the manufacturer pays sales tax, registration and other official fees, plus incidental costs such as towing, a rental car, and repairs you paid for. Non-manufacturer items installed by the dealer or by you are generally not refunded, although on the opt-in track add-ons supplied by the selling dealer can be recovered (§871.27(b)).
For consumers who’d rather not deal with the same manufacturer twice, the buyback option is usually preferred. A replacement vehicle is also available: a substantially identical vehicle from the same manufacturer.
Want a real number on your case? Talk to a San Diego lemon law attorney. Call (619) 230-0330 or request your Free Evaluation.
How to File a Lemon Law Claim in California (Step-by-Step)
To file a lemon law claim in California, gather your repair records, find out whether your manufacturer opted into AB 1755, and demand a buyback or replacement from the manufacturer in writing. If that does not resolve it, the next step is a state-certified arbitration program, if your manufacturer has one, or a lawsuit.
- Gather your records. Keep every repair order, invoice, and receipt, along with your purchase or lease contract and warranty booklet. Note the date, mileage, reported issue, technician notes, and the dealer’s diagnosis for each visit. This paper trail is the most important thing you control.
- Check your repair history against the lemon law qualification checklist. Give the manufacturer or its authorized dealer a real chance to fix the problem, and bring the vehicle back each time it recurs.
- Find out which track applies. Check the state’s list of manufacturers that opted into AB 1755. Your manufacturer’s choice, and whether it covers the year your vehicle was sold, decides which pre-suit steps and filing deadlines apply. The opt-in procedures are in Code of Civil Procedure §§871.20–871.30.
- Send a written demand to the manufacturer. If your manufacturer opted in, this is the formal pre-suit notice under §871.24:
- It lists your name, the vehicle’s VIN, and a brief summary of the repair history and problems, and it demands a repurchase or replacement.
- It goes by email to the address on the manufacturer’s website for this purpose, or by certified or registered mail, return receipt requested, to the address in the owner’s manual or warranty booklet. You must still have the vehicle when you send it.
- It must be sent at least 30 days before you sue if you want to seek civil penalties. You can sue without it if you still have the vehicle when you file, but you then give up civil penalties in that case.
- The manufacturer can avoid civil penalties by offering a refund or replacement, plus reasonable attorney’s fees if you have a lawyer, within 30 days and completing it within 60 days of receiving the notice.
- Keep the vehicle for at least 30 days after the manufacturer receives the notice, or for the full 60 days if it makes an offer.
- Use a certified arbitration program if one applies. Many manufacturers participate in state-certified programs (BBB Auto Line is a common one). The decision binds the manufacturer only if you accept it, and the manufacturer then has up to 30 days to comply. If you reject it, you can still go to court, and the time spent in the program extends your filing deadline, but the arbitrator’s decision can be used as evidence (§1793.22(c)–(d)).
- File a lawsuit if the claim is not resolved. Watch the California lemon law statute of limitations, which depends on your manufacturer’s track. In an opted-in case, the parties exchange initial documents within 60 days of the manufacturer’s answer, may take two-hour initial depositions within 120 days, and hold mandatory mediation within 150 days. Other discovery waits until mediation ends (§871.26). These early steps apply to parties represented by a lawyer. If your manufacturer did not opt in, standard litigation procedures apply.
- Talk to a lemon law attorney at any stage. Getting advice before you send the notice can help you avoid errors that cost you remedies. Under §1794(d), a buyer who wins recovers reasonable attorney’s fees and costs from the manufacturer, which is why many lemon law attorneys charge no upfront fee. In a lawsuit, those fees can be limited if you reject a formal settlement offer under CCP §998 and then do not get a better result.
Why Lemon Law Claims Get Denied and How an Attorney Helps
Manufacturers deny valid claims for predictable reasons. Missing repair documentation. The manufacturer’s own engineers labeling the issue “normal.” Disputes about whether the defect is “substantial.” Or the manufacturer arguing the consumer caused the problem.
These tactics work because most consumers don’t know the legal standard. They’re applying the manufacturer’s marketing language instead of California’s statutory test. An experienced lemon law attorney:
- Translates your repair history into the statutory framework: substantial defect, presumption window, reasonable repair attempts.
- Gathers technician notes, ECU data, warranty documents, and expert assessments to defeat the “no defect” argument.
- Handles all communication with the manufacturer so you don’t accidentally undermine your own claim.
- Negotiates for a buyback, replacement, or cash settlement and litigates if the manufacturer won’t move.
Manufacturers also have a reason to settle: one that loses can be ordered to pay the consumer’s reasonable attorney’s fees on top of its own.
California Lemon Law Statute of Limitations
How long you have to file depends on whether your manufacturer’s opt-in covers the year your vehicle was sold:
Manufacturer status | Statute of limitations |
|---|---|
Opted into AB 1755 | 1 year after the applicable express warranty expires, no later than 6 years from delivery, plus added time for repairs, arbitration and the notice period |
Did not opt in | Generally 4 years from delivery or, for a warranty covering future repairs, from when the breach was or should have been discovered (Com. Code §2725) |
The 18-month / 18,000-mile presumption window is separate from the SOL. Missing the presumption window does not necessarily kill your claim. You just lose the presumption and must prove your case without it. Missing the SOL does kill your claim. Don’t wait.
Lemon Law vs. Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is the federal counterpart to state lemon laws. It applies to any consumer product with a written warranty, vehicles included, in any state.
California Lemon Law (Song-Beverly) | Magnuson-Moss (Federal) | |
|---|---|---|
Scope | California vehicles with a manufacturer warranty | Any U.S. consumer product with a written warranty |
Remedy | Refund or replacement, plus incidentals | Damages, may include refund |
Attorney’s fees | Manufacturer pays if consumer wins | Court may award fees to a consumer who wins |
Used vehicles after Rodriguez | Limited (demonstrators and dealer-owned cars; claims against the dealer under §1795.5) | Still available |
Magnuson-Moss is often the path forward for used-vehicle claims that can no longer proceed under Song-Beverly’s “new motor vehicle” provisions after Rodriguez. These claims have their own conditions, including giving the warrantor a reasonable chance to fix the problem.
California Lemon Law FAQs
Talk to a San Diego Lemon Law Attorney
Banker’s Hill Law Firm has been representing San Diego consumers since 1991. If you bought or leased a defective vehicle in California, you may be entitled to a refund or replacement, and the manufacturer pays your attorney’s fees if you win. Our Free Evaluation will tell you whether you have a case.
Call (619) 230-0330 or request your Free Evaluation.
This article is for informational purposes only and is not legal advice. Past results do not guarantee future outcomes. Reading this page does not create an attorney-client relationship.
