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Lemon law in California
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Song-Beverly Consumer Warranty Act (Tanner Consumer Protection Act), Cal. Civ. Code §§ 1793.2, 1793.22, 1794. A new vehicle is presumed a lemon in California when, during the protection period, the same defect was repaired 4 or more times without a fix, or a defect that could cause death or serious injury was repaired 2 or more times, or it was out of service for repairs 30 or more days in total. The protection period is 18 months or 18,000 miles after delivery, whichever comes first. Leased vehicles are covered. Used vehicles are covered only in some cases.
At a glance
| Protection period | 18 months or 18,000 miles |
|---|---|
| Repair attempts, same defect | 4 |
| Attempts, serious safety defect | 2 |
| Days out of service | 30 |
| Used vehicles | Some |
| Leased vehicles | Covered |
| State arbitration program | Yes |
| Time limit to file | See below |
Who qualifies
Which vehicles
New cars, trucks, and the chassis and drive parts of motor homes bought mainly for personal use. Business vehicles under 10,000 pounds are also covered if the owner has no more than five vehicles registered in California. Motorcycles and off-road vehicles are not covered.
“with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state”
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Repair attempts
The car is presumed a lemon if the same defect has been repaired four or more times and the owner has notified the manufacturer directly at least once.
“The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity.”
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Serious safety defects
For a defect likely to cause death or serious injury, two or more repair attempts are enough, if the owner has notified the manufacturer directly at least once.
“The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents”
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Days out of service
The car is presumed a lemon if it has been out of service for repairs for a total of more than 30 calendar days since delivery.
“The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer.”
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Used vehicles
The law treats dealer-owned vehicles and demonstrators sold with a manufacturer's new car warranty as new motor vehicles.
“a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new car warranty”
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Leased vehicles
Yes. People who lease a new vehicle have the same rights as buyers.
“a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle”
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Deadlines
Protection period
18 months after delivery or 18,000 miles on the odometer, whichever comes first.
“within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first”
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Time limit to file
The law does not say.
California's new lemon law process
Since 2025 a carmaker can opt in to a faster process (AB 1755 and SB 26, Code of Civil Procedure sections 871.20 to 871.30). If yours did, you send the maker a written demand at least 30 days before you sue. The maker must offer a buyback or replacement within 30 days and complete it within 60. Fee disputes before a suit go to binding arbitration. If the maker did not opt in, the older rules on this page apply as they are.
The Department of Consumer Affairs keeps the list. On October 26, 2026 it named 59 makers, 12 of them car makers:
| Maker | Brands | Opted in | Where the written demand goes |
|---|---|---|---|
| General Motors | Chevrolet, GMC, Buick, Cadillac | April 23, 2025 | californiawarrantynotice@gm.com |
| FCA US | Jeep, Ram, Dodge, Chrysler | April 25, 2025 | warrantynotice@stellantis.com |
| Ford Motor Company | Ford, Lincoln | April 25, 2025 | llnotice@ford.com |
| Genesis Motor America | Genesis | April 28, 2025 | cawrittennoticegma@gma.com |
| Hyundai Motor America | Hyundai | April 28, 2025 | cawrittennotice@hmausa.com |
| Infiniti USA | Infiniti | April 28, 2025 | customerrequests@infiniti.com |
| Nissan North America | Nissan | April 28, 2025 | customerrequests@nissan-usa.com |
| Subaru Of America | Subaru | April 29, 2025 | cawrittennotice@subaru.com |
| Jaguar Land Rover North America | Jaguar, Land Rover | April 30, 2025 | californiarepurchase@jaguarlandrover.com |
| Mercedes-benz USA | Mercedes-Benz | April 30, 2025 | ca_retention_mailbox@mbusa.com |
| Kia America | Kia | May 1, 2025 | customercaresupport@kiausa.com |
| Mitsubishi Motors North America | Mitsubishi | May 2, 2025 | caliconsumernotice@mitsubishicars.com |
Not on the list on that date: Acura, Audi, BMW, Honda, Lexus, Lucid, Mazda, Mini, Polestar, Porsche, Rivian, Tesla, Toyota, Volkswagen, Volvo. The other entries are RV, van and motorcycle makers. Source: California Department of Consumer Affairs, Arbitration Certification Program. Check it before you send a demand, as makers can join.
Steps
- Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
- Check the dates. 18 months after delivery or 18,000 miles on the odometer, whichever comes first.
- Tell the manufacturer in writing. The law asks for written notice. See written notice below.
- Use the dispute program if one is required. See arbitration below for whether you must go there before court.
- Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.
Written notice
For the repair-count presumptions, the owner must notify the manufacturer directly, but only if the manufacturer clearly disclosed this rule in the warranty or owner's manual. The law does not require a final repair attempt.
“The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section”
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Arbitration
If the manufacturer has a qualified arbitration program certified by the state and tells the owner about it in writing in time, the owner must use it before relying on the lemon presumption.
“the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer”
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What you get
The owner may choose a refund instead of a replacement. A refund includes collateral charges such as sales tax, license and registration fees, plus incidental costs such as repair, towing, and rental car costs.
“any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs”
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Do it yourself
You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:
- Put your repair orders in date order and count the attempts and the days out of service.
- Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
- If it offers a final repair, let it try within the time the law gives it.
- If it refuses or does not answer, file with the manufacturer's dispute program or the state program (California Department of Consumer Affairs, Arbitration Certification Program), then court if you need to.
- Do not sell or trade in the vehicle while the claim is open.
Letter template for California
[Your name] [Your address] [Date] [Manufacturer name] [Address from your owner's manual or warranty booklet] Re: Lemon law claim, [year make model], VIN [VIN] I bought (or leased) this vehicle on [date] from [dealer], in California. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences]. It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed. Under Song-Beverly Consumer Warranty Act (Tanner Consumer Protection Act) (Cal. Civ. Code §§ 1793.2, 1793.22, 1794), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one. [Your name] [Phone and email]
What a buyback pays in California
The refund is reduced for your use of the car: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Questions people ask about California's lemon law
How many repair attempts make a car a lemon in California?
The car is presumed a lemon if the same defect has been repaired four or more times and the owner has notified the manufacturer directly at least once.
What if the defect could cause a crash or an injury?
For a defect likely to cause death or serious injury, two or more repair attempts are enough, if the owner has notified the manufacturer directly at least once.
How many days in the shop make a car a lemon in California?
The car is presumed a lemon if it has been out of service for repairs for a total of more than 30 calendar days since delivery.
How long does California's lemon law cover a car?
18 months after delivery or 18,000 miles on the odometer, whichever comes first.
Which vehicles does California's lemon law cover?
New cars, trucks, and the chassis and drive parts of motor homes bought mainly for personal use. Business vehicles under 10,000 pounds are also covered if the owner has no more than five vehicles registered in California. Motorcycles and off-road vehicles are not covered.
Does California's lemon law cover used cars?
The law treats dealer-owned vehicles and demonstrators sold with a manufacturer's new car warranty as new motor vehicles.
Does California's lemon law cover leased cars?
Yes. People who lease a new vehicle have the same rights as buyers.
Do I have to tell the manufacturer in writing?
For the repair-count presumptions, the owner must notify the manufacturer directly, but only if the manufacturer clearly disclosed this rule in the warranty or owner's manual. The law does not require a final repair attempt.
Do I have to go to arbitration before court?
If the manufacturer has a qualified arbitration program certified by the state and tells the owner about it in writing in time, the owner must use it before relying on the lemon presumption.
What do I get if my car is a lemon in California?
The owner may choose a refund instead of a replacement. A refund includes collateral charges such as sales tax, license and registration fees, plus incidental costs such as repair, towing, and rental car costs.
How much is taken off a buyback for the miles I drove?
The refund is reduced for your use of the car: the price times the miles driven before the first repair visit for the defect, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $2,000.
Who pays the lawyer in a California lemon law case?
If the owner wins, the court must award costs and expenses, including attorney fees based on actual time spent. In California, an owner who wins can make the maker pay the lawyer.
Can I keep driving my car during a lemon law claim?
Usually, yes. Keep it maintained and insured, and do not sell or trade it in while the claim is open: a buyback needs the car. If the defect makes it unsafe, stop driving it and tell the dealer and the maker in writing.
Do I need a lawyer for a lemon law claim?
No. You can bring a claim yourself. The steps and a letter template are on this page. A lawyer knows what makers offer in cases like yours and what the use deduction should be. In California, an owner who wins can make the maker pay the lawyer.
Find a California lemon law lawyer
If the owner wins, the court must award costs and expenses, including attorney fees based on actual time spent.
“If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended”
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Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.
Send the free case check below and we find a lemon law firm that takes California cases like yours. The firm contacts you, and you decide whether to hire them.
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Who pays the lawyer? In California, an owner who wins can make the maker pay the lawyer.* * So most lemon law lawyers ask nothing up front. Some charge costs, or a share of a settlement: ask before you sign. You never pay us. More
Sources
- Cal. Civ. Code §§ 1793.2, 1793.22, 1794, Song-Beverly Consumer Warranty Act (Tanner Consumer Protection Act)
- California Department of Consumer Affairs, Arbitration Certification Program
- Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.
Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.