Consumer protection guide · CA
California Lemon Law
Under California's lemon law, a new vehicle qualifies as a lemon after 4 unsuccessful repair attempts or 30 cumulative days out of service, entitling the buyer to a refund, replacement, or cash settlement.
Song-Beverly Consumer Warranty Act
Codified at Cal. Civ. Code § 1793.2 · Enacted 1970
Coverage period
18 mo
or 18,000 miles
Repair attempts
4
2 for safety defects
Days out of service
30 days
Cumulative for warranty work
Statute of limitations
4 yr
From discovery of defect
If you bought or leased a new vehicle in California that keeps going back to the dealer for the same unresolved defect, you may be protected under Song-Beverly Consumer Warranty Act (enacted 1970), codified at Cal. Civ. Code § 1793.2. This guide explains — in plain English — how the law works, what qualifies a vehicle as a lemon in California, what remedies you can demand from the manufacturer, and how to file a claim. It is not legal advice; when a real dispute emerges you should consult a licensed California consumer attorney.
What the California lemon law covers
Qualifying criteria
The law covers new vehicles, used vehicles sold by a dealer, and leased vehicles. The defect must appear within the first 18 months of original delivery or before the odometer reaches 18,000 miles, whichever comes first. The manufacturer or its authorized dealer must have had at least 4 opportunities to fix the same defect (or just 2 attempts if the defect poses a serious safety risk). OR the vehicle must have been out of service for at least 30 cumulative days for warranty repairs during the coverage period.
Your remedies
If your vehicle qualifies, the California lemon law gives you the right to demand one of these remedies from the manufacturer: refund, replacement vehicle, and cash compensation. A refund typically includes the purchase price, taxes, title and registration fees, and finance charges, minus a reasonable allowance for the miles you drove before the first repair attempt. A replacement vehicle must be a comparable model with the same features. If you prevail, California law generally requires the manufacturer to also pay your reasonable attorney's fees and court costs, which is why most lemon-law attorneys take cases on contingency.
How to file a California lemon law claim
Here is how a typical California lemon-law claim unfolds: (1) Keep every repair order the dealer gives you — dates, mileage, the defect description, and the parts replaced. These become your evidence. (2) Send the manufacturer written notice of the defect after the third or fourth repair attempt and request a final repair opportunity. (3) 1. Participate in arbitration if the manufacturer offers it — many buyers prefer court, but arbitration is faster and free. (4) File suit in a California civil court within the 4-year statute of limitations from the date you discovered the defect.
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
Vehicles repurchased by the manufacturer under a state lemon law carry a permanent “lemon” or “manufacturer buyback” brand on their title. Run the VIN through try.vin to see whether a used car has ever been bought back — in California or any other state.