Consumer protection guide · CA
California Lemon Law
California's lemon law, the Song-Beverly Consumer Warranty Act, requires a manufacturer that can't fix a warranty defect in a new vehicle after a reasonable number of attempts to replace the vehicle or refund it (restitution) — and you can insist on the refund. Within the first 18 months or 18,000 miles (whichever comes first), the Tanner Act presumes that point is reached once the same defect has been in for repair 4 or more times (2 or more if it is likely to cause death or serious injury) and you have notified the manufacturer directly, or once the vehicle has spent more than 30 days in the shop for repairs.
Song-Beverly Consumer Warranty Act
StatuteCal. Civ. Code § 1790 et seq.· Enacted 1970
Last reviewed
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18 mo
Presumption period
or 18,000 miles
4
Repair attempts
2 for safety defects
30 days
Days out of service
Cumulative for warranty work
4 yr
Statute of limitations
General rule — see deadlines below
California's lemon law is the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.). Its refund-or-replace rule, Civil Code § 1793.2(d)(2), covers new vehicles — including leased vehicles, demonstrators sold with a new-car warranty, and some business vehicles — that the manufacturer or its representatives can't conform to the express warranty after a reasonable number of attempts. The often-quoted 18-month/18,000-mile window comes from the Tanner Consumer Protection Act (§ 1793.22) and only sets up a presumption that makes a claim easier to prove; it is not a coverage limit. Since 2025, claims against manufacturers that opted into new procedures (Code Civ. Proc. §§ 871.20–871.30) also follow extra notice, timing, and mediation rules. This guide summarizes the rules in plain English; it is not legal advice, and a licensed California attorney can tell you how they apply to your vehicle.
What the California lemon law covers
Qualifying criteria
Covered vehicles: new vehicles bought or leased mainly for personal, family, or household use; vehicles under 10,000 pounds gross vehicle weight bought or used mainly for business by a person or business with no more than five vehicles registered in California; dealer-owned vehicles and demonstrators sold with a manufacturer's new-car warranty; and the chassis, chassis cab, and propulsion portion of a motor home (Civ. Code § 1793.22(e)(2)). Motorcycles and vehicles used only off the highway are excluded. A used vehicle bought with time left on its original new-car warranty doesn't qualify unless that warranty was issued with the sale (Rodriguez v. FCA US, LLC, California Supreme Court, Oct. 31, 2024). The defect: it must be covered by the manufacturer's express warranty and substantially impair the vehicle's use, value, or safety (§ 1793.22(e)(1)), and the manufacturer or its repair facilities must have been unable to fix it after a reasonable number of attempts (§ 1793.2(d)(2)). The Tanner Act presumption (§ 1793.22(b)): a reasonable number of attempts is presumed if, within 18 months of delivery or 18,000 miles, whichever comes first, (1) a defect likely to cause death or serious bodily injury was in for repair 2 or more times, (2) the same defect was in for repair 4 or more times, or (3) the vehicle was out of service for repairs for more than 30 calendar days in total since delivery. For (1) and (2), you must also have notified the manufacturer directly at least once — a requirement that applies only if the manufacturer clearly disclosed it in the warranty or owner's manual. The manufacturer can rebut the presumption, and a claim that falls outside these numbers isn't barred: you just have to prove a reasonable number of attempts without it.
Your remedies
The manufacturer must either replace the vehicle or make restitution (a refund), and you can always choose restitution — the manufacturer can't force a replacement on you (Civ. Code § 1793.2(d)(2)). Restitution is the actual price paid or payable, including transportation charges and manufacturer-installed options but not items a dealer or you added, plus sales or use tax, license and registration fees, other official fees, and incidental damages such as reasonable repair, towing, and rental-car costs; courts have also included finance charges you paid. The manufacturer may deduct a usage offset: the price multiplied by the miles driven before you first brought the vehicle in for the defect, divided by 120,000. A replacement must be a new vehicle substantially identical to yours. If you go to court and win, the manufacturer also pays your reasonable attorney's fees and costs (§ 1794(d)), and the court can add a civil penalty of up to twice your actual damages in some cases, such as a willful violation (§ 1794(c), (e)). For manufacturers that opted into the 2025 procedures, restitution leaves out some add-ons bought from third parties and negative equity rolled in from a prior vehicle (Code Civ. Proc. § 871.27). A "cash and keep" payment is a negotiated settlement, not a remedy the statute requires.
How to file a California lemon law claim
1. Keep every repair order. The dates, mileage, and the problem you reported on each visit are your evidence. 2. Notify the manufacturer directly, in writing, at the address in your warranty booklet or owner's manual — not just the dealer. The repair-count parts of the Tanner Act presumption require at least one direct notice when the manufacturer disclosed that requirement (Civ. Code § 1793.22(b)). 3. If the manufacturer maintains a state-certified dispute resolution program and told you about it in writing in time, use it before relying on the presumption (§ 1793.22(c)). Its decision binds the manufacturer only if you accept it; if you don't, you can still sue. 4. Check whether the manufacturer opted into the 2025 procedures (Code Civ. Proc. §§ 871.20–871.30). The Department of Consumer Affairs publishes the list, and a manufacturer must tell new-vehicle buyers at the sale which procedures govern the vehicle. If it opted in and you want civil penalties, send a written repurchase-or-replace demand with your name, the VIN, and a short repair history — by email to the address the manufacturer posts on its website for this, or by certified or registered mail to the address in the owner's manual or warranty booklet — at least 30 days before suing (§ 871.24). The manufacturer avoids penalties by offering a repurchase or replacement within 30 days and completing it within 60. 5. File before your deadline — see the question on filing deadlines below.
Notice requirement
Notify the manufacturer itself, not only the dealer. For the repair-count parts of the Tanner Act presumption, you must have notified the manufacturer directly at least once, at the address it lists in the warranty or owner's manual — a requirement that applies only if the manufacturer clearly disclosed it there (Civ. Code § 1793.22(b)). If the manufacturer opted into the 2025 procedures and you want civil penalties, a written demand to repurchase or replace the vehicle must be sent at least 30 days before you sue (Code Civ. Proc. § 871.24).
Federal backup: Magnuson-Moss Warranty Act
Whether or not your claim fits the California lemon law, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides an independent cause of action whenever a written warranty has been breached. Magnuson-Moss applies in every state, allows you to recover attorney’s fees and costs from the manufacturer when you prevail, and covers used vehicles sold with an express written warranty — filling many of the gaps that narrow state lemon laws leave open.
California lemon law FAQs
Lemon laws in other states
Check a California VIN for a lemon-law buyback before you buy
Many states require a manufacturer buyback to be branded on the title (California’s “Lemon Law Buyback” brand, for example), but not all do — some only require a written disclosure to the next buyer. A full vehicle history report shows title brands where they were reported; the free VIN check does not.