What Qualifies for Lemon Law in California

In California, a vehicle generally qualifies under the Lemon Law if it was sold or leased in the state with a manufacturer’s warranty and has a defect that substantially impairs use, value, or safety, which the manufacturer or its dealers cannot fix after a reasonable number of repair attempts—presumed to be 2 attempts for serious safety defects, 4 attempts for other recurring defects, or 30 cumulative days out of service within the first 18 months or 18,000 miles. The law applies to most new vehicles and many used vehicles still covered by the original manufacturer’s warranty, with specific rules for business vehicles and motorhomes.

The Law at a Glance

California’s Lemon Law is the Song-Beverly Consumer Warranty Act, with the Tanner Consumer Protection Act providing a legal presumption for what counts as a “reasonable number” of repair attempts. If your vehicle qualifies, you can seek a manufacturer buyback (refund) or replacement, plus incidental costs. The law covers more than just brand-new cars, and the 18-month/18,000-mile benchmark is a presumption—not a hard cutoff—so claims can still succeed if the defect first appeared and was reported during the warranty period.

Which Vehicles Are Covered

California’s Lemon Law coverage depends on the type of vehicle and whether it is backed by a manufacturer’s warranty. The following list outlines vehicle categories that are commonly covered.

• New cars, SUVs, vans, and pickup trucks sold or leased in California with an express manufacturer’s warranty
• Used or Certified Pre-Owned vehicles if still within the original manufacturer’s new-vehicle warranty (or a manufacturer-backed Certified warranty)
• Dealer-owned demonstrators or program cars
• Business-use vehicles if the gross vehicle weight is under 10,000 lbs and the business has no more than five vehicles registered in California
• Motorcycles and some off-road vehicles when sold with a manufacturer’s warranty (treated as consumer goods under the Act)
• Motorhomes: the chassis, chassis cab, and drivetrain are covered; the “living” or habitation portion is not
• Electric vehicles and plug-in hybrids, including battery systems and EV-specific components when covered by warranty

Private-party sales without a remaining manufacturer’s warranty typically do not qualify for buyback/replacement under the Lemon Law, though other warranty or consumer protection rights may still apply.

Defects That Qualify

To qualify, the problem must be a warranty-covered “nonconformity” that substantially impairs the vehicle’s use, value, or safety—not a minor annoyance. The following are common qualifying scenarios when repairs fail after a reasonable number of attempts.

• Recurring engine, transmission, steering, braking, or electrical problems
• Serious safety defects (e.g., brake failure, steering loss, airbag faults) persisting despite repair attempts
• Battery, charging, or high-voltage system faults in EVs/plug-in hybrids that materially limit range, drivability, or safe operation
• Chronic infotainment or ADAS (advanced driver-assistance) malfunctions that materially affect safe operation (e.g., phantom braking, camera/radar faults)
• Emissions-related defects covered under California emissions warranties when not fixed after reasonable attempts

The defect cannot be caused by abuse, neglect, unauthorized modifications, or accidents, and it must arise and be reported within the warranty period.

What Counts as a “Reasonable Number” of Repairs

California provides a legal presumption during the first 18 months or 18,000 miles—whichever comes first—that you’ve given the manufacturer a reasonable chance to fix the vehicle if any of the following occur. This presumption makes your case easier but is not required to win.

• Two or more repair attempts for a defect likely to cause death or serious bodily injury, and the defect continues
• Four or more repair attempts for the same non-safety defect, and the defect continues
• Thirty or more cumulative days out of service for any combination of warranty repairs

Outside the 18-month/18,000-mile window, you can still qualify if the problem was reported during the warranty and the manufacturer failed to repair it after a reasonable number of attempts based on the facts.

Key Conditions You Must Meet

Several baseline requirements must be satisfied for a California Lemon Law claim to succeed. The items below reflect the most important prerequisites.

• The vehicle was sold or leased in California and covered by a manufacturer’s express warranty when the defect appeared
• The defect substantially impairs use, value, or safety, and is not due to abuse, neglect, or unauthorized modifications
• The manufacturer or its authorized dealer had a reasonable number of opportunities to repair the defect
• You reported the problem within the warranty period and followed any warranty instructions about notifying the manufacturer (check your warranty booklet)
• You kept repair documentation showing dates, mileage, complaints, and work performed

While not always mandatory, timely written communication to the manufacturer and participation in a California-certified dispute-resolution program can strengthen your record.

Remedies If Your Vehicle Qualifies

If your vehicle is a lemon under California law, the manufacturer must promptly offer a remedy. The following outcomes are typical.

• Buyback (restitution) at the buyer’s option: refund of the purchase price and certain collateral charges (tax, registration, finance charges), minus a statutory mileage offset for use before the first repair attempt for the qualifying defect
• Replacement vehicle at the buyer’s option: a new, substantially identical vehicle with no extra cost beyond the use offset, plus transfer of applicable warranties
• Incidental and consequential damages: reasonable towing, rental, and repair-related costs
• Attorney’s fees and costs if you prevail in a claim or lawsuit
• Possible civil penalties (up to two times actual damages) if the manufacturer willfully fails to comply

The mileage offset is calculated using a formula set by statute and is applied only to miles driven before the first attempted repair of the qualifying defect.

What Typically Does Not Qualify

Not every problem or vehicle falls under the Lemon Law. The list below highlights common exclusions and pitfalls.

• Defects caused by abuse, neglect, racing, or unauthorized modifications
• Issues not reported or presented for repair during the warranty period
• Normal wear and tear, routine maintenance items, or minor cosmetic issues that do not substantially impair use, value, or safety
• Private-party sales without a remaining manufacturer’s warranty (dealer-only warranties or third-party service contracts usually don’t trigger lemon buybacks)
• Vehicles over 10,000 lbs GVWR used for business when the business has more than five vehicles registered in California
• The habitation portion of a motorhome (appliances, cabinetry), though the drivetrain/chassis may qualify

If your situation falls into an exclusion, you may still have other remedies under warranty law or consumer protection statutes, but a Lemon Law buyback may not be available.

Documentation and Timing

What to Save

Strong documentation is essential. The items below will help establish your claim and the number of repair opportunities given.

• All repair orders and invoices with dates, mileage, and repair descriptions
• Written complaints or emails to the dealer/manufacturer
• Warranty booklet and any arbitration information
• Proof of purchase/lease, registration, and payment of taxes/fees
• Records of towing, rentals, or out-of-pocket expenses

Accurate records help prove the defect’s persistence, the repair history, and your eligibility for reimbursement.

Deadlines

California generally has a four-year statute of limitations for breach of warranty claims, typically running from when the manufacturer failed to repair the defect after a reasonable number of attempts. Acting promptly is wise to protect your rights.

How to Move Forward

If you believe your vehicle qualifies, follow these steps to preserve and assert your claim effectively.

• Bring the vehicle to an authorized dealer for every occurrence of the problem and get a repair order each time
• Review your warranty booklet for any requirement to notify the manufacturer directly; send written notice if applicable
• Consider using a California-certified arbitration program if offered (not required, but can be faster); keep all outcomes in writing
• Consult a California Lemon Law attorney—fee-shifting rules often mean no upfront cost if you have a strong claim
• If unresolved, pursue a buyback or replacement through negotiation, arbitration, or a lawsuit

Timely, organized action often shortens the process and increases the likelihood of a favorable resolution.

Legal References

California Civil Code sections commonly involved include: §§ 1790–1795.8 (Song-Beverly Consumer Warranty Act), § 1793.22 (Tanner Consumer Protection Act presumption), and related provisions on remedies and attorney’s fees. Emissions warranty coverage stems from California Air Resources Board regulations and manufacturer warranties.

Summary

In California, a vehicle qualifies under the Lemon Law when a warranty-covered defect that substantially impairs use, value, or safety persists after a reasonable number of repair attempts—presumed to be 2 for serious safety issues, 4 for other recurring problems, or 30 days out of service within 18 months/18,000 miles. Coverage extends to most new vehicles and many used vehicles still under the manufacturer’s warranty, including EVs, motorcycles, and motorhome chassis. If you qualify, you can choose a buyback or replacement and recover incidental costs, with attorney’s fees often covered if you prevail. Keep meticulous records, act within the warranty and limitations periods, and seek legal advice if needed.

What qualifies as a lemon car in California?

In California, a car is a “lemon” if it has a substantial defect covered by a manufacturer’s warranty that impairs its use, value, or safety, and this defect cannot be fixed after a reasonable number of repair attempts. Key requirements include the defect occurring within 18 months or 18,000 miles, the problem not being caused by owner abuse, and the manufacturer failing to resolve the issue after multiple repair attempts. If a car meets these criteria, the consumer may be entitled to a vehicle replacement or a refund of the purchase price. 
Key Qualifications for a California Lemon Law Claim:

• A Substantial Defect: The car must have a significant problem that seriously affects its ability to function, its safety, or its overall value. 
• Warranty Coverage: The defect must be covered under the manufacturer’s new vehicle warranty. 
• Timeframe: The defect must first appear within the first 18 months of delivery or 18,000 miles of use, whichever occurs first. 
• Reasonable Repair Attempts: The manufacturer or authorized dealer must be given a reasonable opportunity to fix the problem. 
• No Owner Misuse: The defect cannot be caused by the owner’s misuse, neglect, or unauthorized modifications. 

Examples of a Reasonable Number of Repair Attempts (Presumption):
California’s “Lemon Law Presumption” provides guidance on what constitutes a reasonable number of repair attempts: 

• For the same problem: Four or more repair attempts for the same defect without success. 
• For severe safety defects: Two or more repair attempts for a defect severe enough to cause death or serious bodily injury. 
• For significant out-of-service time: The vehicle is out of service for more than 30 days due to repairs during the warranty period. 

What Happens if Your Car is a Lemon?
If your vehicle qualifies as a lemon, the manufacturer is required to either: 

• Replace the vehicle: with a comparable new one.
• Buy back: the vehicle, refunding the purchase price.

How long do I have to file Lemon Law in California?

four-year
In California, individuals have a four-year timeframe to submit a lemon law claim. This period begins from the moment you became aware, or reasonably should have been aware, that your vehicle was defective. It’s essential to note that this four-year window does not necessarily start from the purchase date of the car.

How hard is it to win a Lemon Law case?

The short answer: not as hard as you think. That is, if you know your rights and work with the right legal team. California’s Lemon Law is considered one of the most consumer-friendly in the country. It protects individuals who’ve purchased or leased a defective vehicle still under the manufacturer’s original warranty.

How to claim Lemon Law in California?

To file a California lemon law claim, first confirm your vehicle qualifies, then gather comprehensive documentation of all repair attempts and communications. You must notify the manufacturer and have a reasonable number of attempts to repair the defect. Consult an experienced California lemon law attorney, who can help you file the formal claim with the court, guide you through the discovery process, and negotiate a settlement or represent you in court. 
1. Confirm Your Vehicle Qualifies as a Lemon 

• Substantial Defect: Your vehicle must have a defect that significantly impairs its use, value, or safety. 
• Manufacturer’s Warranty: The defect must have occurred while the vehicle was covered under the manufacturer’s warranty. 
• Reasonable Repair Attempts: You must have given the manufacturer a reasonable number of attempts to repair the defect. For safety issues, this is usually at least two attempts; for other defects, it’s at least four. The vehicle cannot have been out of service for more than 30 cumulative days for any repairs. 

2. Gather Your Documentation

• Vehicle Information: Keep your purchase or lease agreement and vehicle’s registration. 
• Repair Records: Collect all repair orders, service invoices, and documentation from every repair attempt. 
• Communications: Save all letters, emails, and notes from conversations with the dealer or manufacturer. 
• Other Expenses: Document any other expenses you incurred due to the lemon vehicle, such as rental car costs. 

3. Notify the Manufacturer 

• Send a formal notification to the manufacturer, detailing the problems you’ve experienced and your attempts to get them resolved.

4. Consult a Lemon Law Attorney

• Get a Free Evaluation: Many lemon law attorneys offer free case evaluations to determine the strength of your claim. 
• Benefit from Their Expertise: An attorney can guide you through the complex legal process, ensure you have all necessary documents, and handle communications with the court. 
• Manufacturer Pays Fees: If you win your case, the manufacturer is typically required to pay your attorney’s fees. 

5. File Your Claim 

• Your attorney will help you file a formal lemon law claim with the court.
• This initiates the court’s discovery process, where both sides provide evidence and documents.

6. Negotiate or Proceed to Court 

• Negotiate a Settlement: Opens in new tabYour attorney will work to negotiate a settlement with the manufacturer, which could involve a vehicle buyback, a replacement vehicle, or monetary compensation. 
• Go to Court: Opens in new tabIf a settlement cannot be reached, your attorney will represent you in court to pursue your claim. 

Important Time Limits 

• The California Lemon Law requires you to file your claim within a specific timeframe, typically within four years from the start of the defect.