Stuck With a Lemon in California? Demand Repair, Replacement, or Refund
If a covered defect substantially impairs your vehicle’s use, value, or safety and the manufacturer can’t fix it after a reasonable number of attempts, California’s Lemon Law may require a replacement or buyback (refund), plus certain incidental damages. Document repairs carefully and consider speaking with a California lemon law attorney early.
What Is California’s Lemon Law?
California’s Lemon Law is part of the Song-Beverly Consumer Warranty Act. When a covered defect substantially impairs a vehicle’s use, value, or safety and the manufacturer (or its authorized repair facility) cannot repair it after a reasonable number of attempts, the manufacturer must replace the vehicle or repurchase it at the buyer’s option (see Civ. Code § 1793.2(d)(2)).
Which Vehicles Are Covered?
Coverage generally includes new passenger vehicles, trucks, and SUVs purchased or leased in California for personal, family, or household use. Certain small-business vehicles are also covered if they have a gross vehicle weight of 10,000 pounds or less and the business has no more than five vehicles registered in California (see Civ. Code § 1793.22(e)(2)).
Used and certified pre-owned vehicles can be covered if the manufacturer’s original new-vehicle warranty is still in effect. Vehicles previously repurchased by a manufacturer and resold must be clearly branded and labeled as a lemon law buyback (see California DMV).
What Counts as a “Reasonable Number” of Repair Attempts?
California provides a consumer-friendly presumption (the Tanner Consumer Protection Act) that a vehicle is a lemon if, within the first 18 months or 18,000 miles (whichever occurs first), certain criteria are met, for example, multiple repair attempts for the same substantial defect or 30+ cumulative days out of service. Fewer attempts may suffice for defects likely to cause death or serious bodily injury (see Civ. Code § 1793.22(b)).
The presumption has conditions, including proper notice to the manufacturer and, in some cases, first resorting to a state-certified arbitration program to invoke the presumption (see Civ. Code § 1793.22(c)). Even if the presumption doesn’t apply, you can still prove your claim based on the overall repair history and impact of the defect.
Your Core Remedies: Repair, Replacement, or Refund
If your vehicle qualifies, the manufacturer must either replace it with a comparable new vehicle or repurchase it at your option. A buyback generally includes a refund of the price paid or payable (including certain taxes and fees) minus a statutory mileage-based usage deduction, plus incidental damages related to the defect such as towing and reasonable rental costs (see Civ. Code § 1793.2(d)(2); Civ. Code § 1794(b)(2)).
Replacement vehicles must be comparable and carry the manufacturer’s warranty, and you are not required to accept a replacement if you prefer a buyback (see Civ. Code § 1793.2(d)(2)).
Document Everything
Careful records strengthen lemon claims:
- Repair orders and invoices for each visit (ensure your complaint is accurately written before you sign).
- Service advisor notes describing symptoms.
- Dates the vehicle was out of service and mileage at each visit.
- Towing and rental receipts tied to the defect.
- Purchase or lease paperwork and warranty booklet.
- All communications with the dealer and manufacturer (consider written notice if your warranty/manual instructs it) (see Civ. Code § 1793.2).
Quick Tips to Strengthen Your Claim
- Describe symptoms, not diagnoses; let the repair order capture your exact words.
- Photograph warnings, dash lights, and odometer at drop-off and pick-up.
- Politely refuse to sign any repair order that omits or misstates your complaint.
- Ask the dealer to note days waiting for parts; they count toward out-of-service days.
Manufacturer Notices and Arbitration
Some manufacturers participate in California’s state-certified arbitration programs. These programs are free to consumers and can provide quicker decisions, but you are not required to accept an unfavorable award and you do not have to arbitrate before filing a lawsuit. In some cases, using a certified program is a condition to invoke the statutory presumption discussed above; talk to counsel about strategy (see DCA Arbitration Certification Program; California OAG overview; Civ. Code § 1793.22(c)).
Special Rules for Safety Defects
Defects that pose a risk of serious injury or death may require fewer repair attempts to qualify under the presumption. Keep detailed records of any warnings, dash lights, loss of power, brake or steering issues, or other safety symptoms (see Civ. Code § 1793.22(b)).
Used Cars, Certified Pre-Owned, and Dealer Warranties
Used and certified pre-owned vehicles can be protected if the manufacturer’s new-vehicle warranty is still in effect. California also requires special branding and disclosure when a manufacturer repurchases and resells a vehicle as a lemon law buyback (see DMV: Lemon Law Buybacks). Dealer warranties, service contracts, and California’s broader consumer protections can interact with your lemon rights; review your contract and warranty booklet.
What You May Recover
Potential recoveries include a replacement or a buyback with a mileage-based usage deduction, plus incidental damages such as towing and reasonable rental expenses related to the defect (see Civ. Code §§ 1793.2(d)(2), 1794(b)(2)). If you prevail in court, the manufacturer may be required to pay your reasonable attorney’s fees and costs, and a civil penalty of up to two times actual damages can be available for willful violations (see Civ. Code §§ 1794(c), 1794(d)).
Checklist: Steps to Take Now
- Schedule service promptly and describe symptoms clearly.
- Request and keep copies of every repair order and invoice.
- Track days out of service and mileage at each visit.
- Follow recall and technical service bulletin guidance from the manufacturer.
- Consider notifying the manufacturer in writing, especially if your warranty/manual instructs it.
- Speak with a California lemon law attorney early to protect your rights.
How Our Firm Can Help
We evaluate your repair history, confirm coverage, and pursue the best remedy, coordinating repairs, negotiating with the manufacturer, guiding you through certified arbitration if strategic, or filing suit when needed. Many lemon law cases allow recovery of attorney’s fees from the manufacturer if you prevail, making experienced representation accessible (see Civ. Code § 1794(d)).
Ready to talk? Contact us for a tailored review of your situation.
FAQ
Do I have to let the same dealer attempt all repairs?
No. Repairs must be by the manufacturer or its authorized facilities. Using any authorized dealer preserves your rights.
What if the problem is intermittent?
Intermittent issues can qualify. Make sure every symptom is documented on each repair order and keep photos or videos when possible.
Can a used car qualify?
Yes, if the manufacturer’s original warranty is still in effect. Additional disclosures apply to prior lemon buybacks.
How is the mileage deduction calculated?
California applies a statutory formula based on miles driven before the first repair attempt for the defect relative to 120,000 miles.
Do I have to arbitrate first?
No. Arbitration can be optional and nonbinding. It may be required only to invoke a statutory presumption, not to file suit.