Win Fast: California Lemon Law & Warranty Enforcement

Who Is Protected Under California’s Lemon Law

California’s Song-Beverly Consumer Warranty Act protects purchasers and lessees of consumer goods—most commonly vehicles—covered by an express warranty. The law applies to new vehicles and can also apply to used vehicles while the manufacturer’s new-vehicle warranty is still in effect or when the seller provides an express warranty. Dealer-owned demonstrators are included in the definition of a new motor vehicle. Certain small businesses may also qualify when the vehicle is purchased or used primarily for business and the entity has five or fewer vehicles registered in California. See Cal. Civ. Code § 1793.22 and the California Attorney General’s overview at oag.ca.gov/consumers/general/lemon.

What Makes a Vehicle a “Lemon”

A vehicle may be a lemon when a defect covered by warranty substantially impairs the vehicle’s use, value, or safety, and the manufacturer or its authorized repair facility has had a reasonable opportunity to repair it but failed to do so. California also provides a rebuttable presumption that a vehicle is a lemon if, within the first 18 months or 18,000 miles (whichever occurs first), either: (1) four or more repair attempts for the same problem; (2) two or more attempts for a defect likely to cause death or serious bodily injury; or (3) more than 30 cumulative days out of service. See § 1793.22(b). To invoke this presumption, you may need to use a qualified manufacturer dispute program if one exists. See § 1793.22(c).

Your Core Remedies

If your vehicle qualifies, California law requires the manufacturer to either repurchase (buy back) or replace the vehicle. Repurchase typically includes refund of the purchase price (and certain collateral charges) less a mileage-based use offset calculated from the odometer reading at the first repair attempt for the defect. Replacement must be substantially identical and include applicable warranties. You may also recover incidental damages, and if the manufacturer willfully fails to comply, civil penalties of up to two times actual damages may be awarded. Prevailing buyers can recover reasonable attorneys’ fees and costs. See § 1793.2(d)(2) and § 1794(a)-(d).

How to Move Fast: Practical Steps

• Gather your paperwork: purchase/lease agreement, warranty booklet, all repair orders, tow receipts, rental invoices, and communications with the dealer or manufacturer.
• Report the defect promptly and use authorized dealers for warranty work.
• Keep a repair log with dates, mileage, symptoms, and outcomes.
• Ask for warranty coverage decisions in writing.
• Consider a formal written demand identifying the defect, repair history, and your requested remedy (repurchase or replacement). Clear demands and documentation can streamline resolution.
• Review any buyback or replacement offer carefully, including the mileage offset and treatment of add-on products or negative equity.

Manufacturer Defenses to Anticipate

Manufacturers may argue that the issue is minor, was repaired, is outside warranty scope, or resulted from unauthorized modifications or abuse. They may also dispute whether you provided a reasonable number of repair opportunities. Thorough documentation and, when appropriate, expert evaluation can help address these defenses. See general guidance from the Attorney General at oag.ca.gov/consumers/general/lemon.

Special Case: Safety Defects and Serious Nonconformities

Safety-related issues (e.g., braking, steering, airbag, stalling) deserve immediate attention. Even intermittent problems carry weight if they’re consistently documented on repair orders. If a recall or technical service bulletin applies, include it with your demand package.

Used Vehicles and Warranty Coverage

Used vehicles may be covered while the manufacturer’s new-vehicle warranty is still active, or if the seller provides an express warranty. The Lemon Law does not create a warranty in an “as-is” sale, but other consumer protection laws may apply to misrepresentations. Review any certified pre-owned documentation and limited warranties closely. See AG Lemon Law overview and § 1793.2.

Arbitration and Manufacturer Programs

Some manufacturers offer dispute resolution programs. Participation may be optional, and an adverse decision generally does not prevent you from pursuing your rights in court. However, to use the statutory “lemon” presumption in court, you may need to participate in a qualified program if the manufacturer maintains one. See § 1793.22(c) and the AG’s guidance at oag.ca.gov/consumers/general/lemon.

Attorney Fees and Why They Matter

California’s fee-shifting provision can require the manufacturer to pay a prevailing buyer’s reasonable attorneys’ fees and costs, which often encourages timely resolution. See § 1794(d).

Building a Strong Record

• Use authorized dealers for warranty repairs and keep every repair order.
• Avoid modifications that could trigger coverage disputes.
• Describe symptoms consistently and ask service advisors to write them verbatim.
• Save photos, videos, and diagnostic codes when possible.
• Track days out of service, towing, and rental expenses.
• Preserve recall and notice letters.

When to File and What to Expect

Timelines vary by claim type, vehicle, and facts. Many cases resolve after a detailed, well-supported demand. If litigation is necessary, discovery often focuses on repair history, technical data, and communications. Available remedies include repurchase, replacement, incidental damages, and, where proven, civil penalties. See § 1793.2 and § 1794.

FAQ

Do I have to go to arbitration before filing a lawsuit?

Not necessarily. Participation may be required to use the statutory presumption, but you can generally file suit regardless of an unfavorable program decision. Review whether the manufacturer maintains a qualified program.

Does the Lemon Law apply to leased vehicles?

Yes. Lessees of covered vehicles have similar rights to purchasers under California’s Song-Beverly Act.

How is the mileage offset calculated?

It’s typically based on the odometer reading at the first repair attempt for the defect, divided by 120,000 and multiplied by the vehicle’s price.

Can a used vehicle qualify?

Yes, if the manufacturer’s new-vehicle warranty is still in effect or if the seller provided an express warranty.

What if the defect is intermittent?

Intermittent defects can qualify if they substantially impair use, value, or safety and are consistently documented on repair orders.

How We Help You Win Fast

We review your documents, identify qualifying nonconformities, calculate accurate offsets, and press for buyback or replacement where appropriate. We engage early, leverage fee-shifting, and pursue efficient, fair outcomes. When necessary, we litigate to enforce your rights. Ready to start? Talk to a California Lemon Law attorney.

Sources

• Cal. Civ. Code § 1793.2 (manufacturer’s duty to repurchase or replace; usage offset)
• Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act; substantial impairment; presumption; dispute programs)
• Cal. Civ. Code § 1794 (damages, incidental damages, civil penalties, attorneys’ fees)
• California Attorney General: Lemon Law Information

This blog provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes and timelines vary by facts and jurisdiction. Consult a qualified California attorney about your specific situation. Attorney Advertising.