California Lemon Law

If your car, truck or SUV keeps going back to the dealer for the same problem, California’s lemon law may require the manufacturer to buy it back or replace it. Faler Law Group represents California drivers in lemon law claims against vehicle manufacturers.

What Is California’s Lemon Law?

California’s lemon law is part of the Song-Beverly Consumer Warranty Act (Civil Code section 1790 and following). It applies when a vehicle has a defect covered by the manufacturer’s warranty, and the manufacturer or its dealers can’t fix it after a reasonable number of attempts. When that happens, the manufacturer must either replace the vehicle or refund what you paid, less a deduction for your use of the vehicle.

The law doesn’t define a lemon by brand, model or price. What matters is the defect, the warranty, and the repair history.

Signs Your Vehicle May Be a Lemon

• The same problem keeps coming back after the dealer says it’s fixed.
• The problem affects how the vehicle drives, how safe it is, or what it’s worth: for example engine, transmission, electrical, braking, steering or battery problems.
• The repairs were covered, or should have been covered, by the manufacturer’s warranty.
• The vehicle has spent weeks at the dealership waiting for repairs.
• The dealer says it “can’t duplicate” the problem, but it keeps happening to you.

How Many Repair Attempts Does It Take?

California law doesn’t set one fixed number. It requires a “reasonable number” of repair attempts, and that depends on the facts. The law does give a guideline, called the Tanner presumption (Civil Code section 1793.22). A new vehicle is presumed to be a lemon if, within 18 months of delivery or the first 18,000 miles, whichever comes first, one of these happened:

You only need to notify the manufacturer directly if it clearly disclosed that requirement in the warranty or owner’s manual. The notice goes to the address listed there. If the manufacturer has a state-certified dispute resolution program and told you about it in writing, you generally need to use that program before you can rely on this presumption. A vehicle can still qualify outside these guidelines. Problems that start after 18 months or 18,000 miles can still be covered if they happen while the warranty is in effect.

Which Vehicles Are Covered?

• New vehicles bought or leased in California, including cars, trucks, SUVs and vans.
• Leased vehicles, as well as purchased ones.
• Dealer demonstrators sold with the manufacturer’s new vehicle warranty.
• Motorhomes: the chassis, chassis cab and drivetrain.

What about used cars?

Since the 2024 Rodriguez v. FCA US decision, a used car usually isn’t covered by the lemon law’s buyback remedy just because some factory warranty is left, but it may still qualify in some cases. Learn more about used car lemon law.

What You May Be Entitled To

• A repurchase (buyback). A refund of what you paid, including your down payment, monthly payments, and charges like sales tax, registration and license fees, with the remaining loan or lease paid off. The manufacturer can deduct an amount for the miles you drove before you first brought the vehicle in for the problem.
• A replacement vehicle. A substantially identical new vehicle in place of the defective one. You choose a refund or a replacement; the manufacturer can’t force a replacement on you.
• Incidental damages. Reasonable out-of-pocket costs caused by the defect, such as towing, rental cars and repair costs.
• A civil penalty. If a court finds the manufacturer willfully failed to meet its obligations, it can award a penalty of up to two times your actual damages.

Some cases resolve with a cash settlement that lets you keep the vehicle. Every case is different, and the outcome depends on the facts. Learn how a lemon law buyback is calculated.

What to Do If You Think You Have a Lemon

1. Keep every repair order. Make sure each one describes your complaint in your words, along with the dates and the mileage in and out.
2. Keep your purchase or lease contract and warranty booklet. They show what was promised and what’s covered.
3. Write down what happens. Note dates, warning lights, and who you spoke with at the dealer or manufacturer. Photos and videos of the problem help.
4. Don’t sign anything from the manufacturer without reading it carefully. A goodwill offer or a trade-in deal may ask you to give up your lemon law rights.
5. Don’t wait. Deadlines apply, and depending on your manufacturer, newer rules may require a written notice before a lawsuit can be filed. Talk to a lemon law attorney early.

California Lemon Law FAQ

Does California’s lemon law cover used cars?

Sometimes. Since the 2024 Rodriguez v. FCA US decision, coverage for used cars is limited. See when a used car may still qualify.

Does the lemon law cover leased vehicles?

Yes. California’s lemon law covers leased vehicles as well as purchased ones. Learn how lemon law works for leased vehicles.

What if my problem started after 18 months or 18,000 miles?

You may still have a claim. The 18-month and 18,000-mile limits apply only to the Tanner presumption. A defect that the manufacturer couldn’t fix in a reasonable number of attempts while the warranty was in effect can still qualify.

Does the problem have to be the same each time?

The Tanner presumption counts repair attempts for the same problem. Several different warranty defects can still support a claim, especially if together they kept the vehicle out of service for a long time.

Can I still have a claim if I sold or traded in the vehicle?

Possibly. In some cases you can still bring a claim after selling, trading in or totaling a vehicle with a history of warranty repairs. Have an attorney review your records.

I bought my vehicle in Arizona. Can you help?

Yes. Faler Law Group also handles cases for drivers in Arizona, whose lemon law has different rules and deadlines, working with an Arizona-licensed attorney. For Arizona cases, we handle the claim before a lawsuit is filed. If the case needs to go to court, we’ll let you know, and you would need to hire a separate law firm for the lawsuit. Tell us where you bought the vehicle when you contact us.