California’s lemon law requires a manufacturer to buy back or replace your new vehicle when a warranty defect can’t be fixed after a reasonable number of repair attempts. Under the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, that means two attempts for a defect that could cause serious injury, four attempts for other covered defects, or more than 30 cumulative days out of service, all within the first 18 months of ownership or 18,000 miles, whichever comes first.1California Legislative Information. California Civil Code 1793.22 – Tanner Consumer Protection Act Meet any one of those and you have a legal presumption in your favor.
Which Vehicles Are Covered
The law applies to new cars, trucks, and SUVs bought or leased primarily for personal, family, or household use. It also reaches dealer-owned vehicles, demonstrators, and any vehicle sold with a manufacturer’s new car warranty. The chassis, cab, and drivetrain of a motorhome qualify; the living quarters do not.
Small businesses get the same protection when no more than five vehicles are registered to the business in California and the vehicle weighs under 10,000 pounds gross.1California Legislative Information. California Civil Code 1793.22 – Tanner Consumer Protection Act Leased vehicles are covered on the same terms as purchased ones, with the refund covering your lease payments, inception fees, and remaining lease balance. Motorcycles are explicitly excluded, as are vehicles not registered for highway use.
Used cars are outside the lemon law presumption. A separate section of the Song-Beverly Act does protect used goods sold with an express dealer warranty, but you don’t get the streamlined repair-attempt thresholds or the automatic presumption that applies to new vehicles.2California Legislative Information. California Civil Code 1791
What Counts as a Qualifying Defect
Not every problem triggers the law. The defect must be covered by the manufacturer’s warranty and must substantially impair the vehicle’s use, value, or safety. A rattle in the dashboard won’t qualify. A transmission that slips out of gear on the freeway, brakes that fade unpredictably, or an engine that stalls at intersections will. Impairment to value means a reasonable buyer would pay significantly less for the car because of the defect, even if the car still drives.
Some things put you outside warranty coverage entirely. Defects caused by neglect, abuse, unauthorized modifications, or missed maintenance fall out. So does pre-existing damage and normal wear on brake pads, tires, and wiper blades. If you install aftermarket performance parts and the engine fails, the manufacturer will argue the modification caused the failure. Keep your maintenance records current, because a manufacturer looking for a reason to deny will scrutinize whether you changed the oil on time.
The Repair Attempt Thresholds
The Tanner Consumer Protection Act creates a legal presumption in your favor when any of the following happens within 18 months of delivery or 18,000 miles, whichever comes first:1California Legislative Information. California Civil Code 1793.22 – Tanner Consumer Protection Act
- The same defect that could cause death or serious injury has been repaired two or more times and still isn’t fixed.
- The same non-safety warranty defect has been repaired four or more times without success.
- The vehicle has spent more than 30 calendar days in the shop for warranty repairs since you took delivery. The days don’t need to be consecutive.
The presumption is rebuttable. The manufacturer can try to argue that a reasonable number of attempts hasn’t actually been made. But once you hit these thresholds, the burden shifts to the manufacturer to explain why your car isn’t a lemon.
The Direct Notification Catch
For the two-attempt and four-attempt thresholds, you must have directly notified the manufacturer at least once about the defect. Taking the car to the dealer alone isn’t enough. This requirement only applies if the manufacturer clearly disclosed it in the warranty booklet or owner’s manual and provided an address for sending the notice.1California Legislative Information. California Civil Code 1793.22 – Tanner Consumer Protection Act Check your warranty materials. If the manufacturer never told you about this requirement, it doesn’t apply. If it did, send the notification in writing and keep a copy. The 30-day out-of-service threshold has no direct notification requirement.
What You Get: Refund or Replacement
You choose. The manufacturer cannot force a replacement on you if you want a refund.3California Legislative Information. California Civil Code 1793.2
A buyback refund covers the full purchase price, transportation charges, manufacturer-installed options, and all collateral charges: sales tax, license fees, registration fees, and other official fees. The manufacturer must also reimburse incidental damages you actually paid, including reasonable towing, rental car, and out-of-pocket repair costs.3California Legislative Information. California Civil Code 1793.2
A replacement means a new vehicle substantially identical to the one being replaced, with all accompanying warranties. The manufacturer pays the sales tax, license fees, and registration on the replacement.
The Mileage Offset
One deduction comes out of your refund or replacement: an offset for the use you got before the first repair attempt for the qualifying defect. The formula:
Offset = Purchase Price × (Miles at First Repair ÷ 120,000)
If you paid $40,000 and drove 6,000 miles before the first repair visit for the defect, your offset is $2,000. You’d receive $38,000 plus taxes, fees, and incidental costs.3California Legislative Information. California Civil Code 1793.2 This is why bringing the car in early matters. Every mile you drive before that first visit increases the offset.
Attorney Fees and the Civil Penalty
If you prevail, the manufacturer pays your attorney fees and costs based on the actual time your attorney spent on the case.4California Legislative Information. California Civil Code 1794 That’s why most lemon law attorneys work on contingency and evaluate cases at no upfront cost.
If the manufacturer’s refusal to comply was willful, the court may add a civil penalty of up to two times your actual damages on top of the refund.4California Legislative Information. California Civil Code 1794 There’s a procedural step that trips people up: after the presumption has been triggered, you must send the manufacturer a written notice requesting compliance. If the manufacturer resolves the situation within 30 days of receiving that notice, the civil penalty is off the table. If it doesn’t, the penalty becomes available. Skipping this written notice can cost you the penalty entirely, even in an otherwise strong case.
Filing Deadlines
Assembly Bill 1755 tightened the deadlines. You must file suit within one year after the vehicle’s express warranty expires, and in no case later than six years after the vehicle was originally delivered. Miss these and you forfeit the claim regardless of how strong the defect evidence is. The warranty expiration date is in your warranty booklet; the delivery date is on your purchase or lease paperwork. If your car has been going back and forth to the dealer for months, don’t assume you have unlimited time. Calendar the warranty expiration date and count backward.
Documentation That Makes or Breaks a Claim
Every time you bring the car in for warranty service, get a copy of the repair order. It should show the date you dropped the car off, the date you picked it up, your description of the problem, the technician’s diagnosis, and what work was performed. If the repair order is vague, ask the service advisor to revise it before you leave. A repair order that reads “customer states concern, unable to duplicate” is a record that works against you.
Beyond repair orders, keep your original purchase or lease agreement, the manufacturer’s warranty booklet, any supplemental warranty documents, and every written communication with the manufacturer or dealer. If you sent a direct notification letter, keep the certified mail receipt. Save rental car, towing, and repair receipts too. Incidental damages require proof of actual cost.
The Claims Process
Start with a written demand letter to the manufacturer requesting a buyback or replacement. Reference the specific repair visits, dates, and the nature of the defect. This letter puts the manufacturer on formal notice and starts the clock on any civil penalty exposure.
Arbitration
If the manufacturer participates in a qualified third-party dispute resolution process certified by the California Department of Consumer Affairs, you may need to go through that program before asserting the lemon law presumption in court.5California Department of Consumer Affairs. Arbitration Certification Program Certified arbitration is free to consumers, faster than litigation, and binds the manufacturer if you accept the outcome. If you reject it or the manufacturer isn’t in a certified program, you can go straight to court.
Going to Court
A civil lawsuit is the final option if the manufacturer denies your claim or offers an inadequate settlement. Small claims court handles smaller amounts; superior court handles larger claims. Because Section 1794 shifts fees to the losing manufacturer, the financial risk of hiring a lawyer is lower than in most civil cases.