The California lemon law requires a manufacturer to refund your money or replace your vehicle when a new car covered by its warranty 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 threshold is presumed met if the same safety defect has gone through two unsuccessful repairs, the same non-safety defect through four, or the vehicle has spent more than 30 days in the shop, all within the first 18 months or 18,000 miles of ownership.
Which Vehicles Are Covered
The law covers new cars, trucks, and SUVs bought or leased mainly for personal, family, or household use. It also reaches dealer-owned vehicles, demonstrators, and anything else sold with a manufacturer’s new car warranty. Leased vehicles qualify on the same terms as purchased ones, and a buyback of a lease covers your payments, inception fees, and the remaining lease balance.
Small businesses get coverage too, provided 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 For a motorhome, only the chassis, cab, and drivetrain qualify; the living quarters do not.
Motorcycles are explicitly excluded, as are vehicles not registered for highway use. Used cars sit outside the lemon law presumption entirely, though separate Song-Beverly provisions can apply to used vehicles sold with an express dealer warranty.
What Counts as a Qualifying Defect
The defect has to be covered by the manufacturer’s warranty and has to substantially impair the vehicle’s use, value, or safety. A dashboard rattle 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 it still drives. A persistent electrical problem that disables safety features hurts resale value whether or not it has stranded you personally. Courts judge these claims from the perspective of a reasonable person, not the manufacturer’s internal quality standards.
The manufacturer owes you nothing if the problem traces back to your own actions. Neglect, abuse, unauthorized modifications, and failure to follow the recommended maintenance schedule all fall outside warranty coverage. Install aftermarket performance parts and the engine fails, and the manufacturer will argue the modification caused it. Normal wear items like brake pads, tires, and wiper blades are excluded as well. Keep your maintenance records current; a manufacturer looking to deny your claim will check whether you changed the oil on time.
The Repair Attempts That Trigger the Presumption
The Tanner Consumer Protection Act presumes the manufacturer has had enough chances if 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
- Two or more repair attempts for the same problem that could cause death or serious injury, and the car still isn’t fixed.
- Four or more repair attempts for the same non-safety warranty defect without success.
- More than 30 calendar days in the shop for warranty repairs since you took delivery. The days don’t need to be consecutive, and the clock pauses only if repairs are genuinely delayed by conditions outside the manufacturer’s control.
The presumption is rebuttable. The manufacturer can still argue a reasonable number of attempts hasn’t actually been made, but once you hit the threshold, the burden shifts to it to explain why your car isn’t a lemon.
The Direct Notification Catch
For the two- and four-attempt thresholds, you must have directly notified the manufacturer at least once about the defect, but only if the warranty booklet or owner’s manual clearly disclosed that requirement and gave you an address.1California Legislative Information. California Civil Code 1793.22 – Tanner Consumer Protection Act Check your warranty materials. If the manufacturer never told you about it, the requirement doesn’t apply. If it does, send the notice in writing and keep a copy. The 30-day out-of-service threshold carries no direct notification requirement.
What a Buyback Pays You
When your car qualifies, you choose between a refund and a replacement. The manufacturer cannot force a replacement on you.2California Legislative Information. California Civil Code 1793.2
A buyback refund includes 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 also has to reimburse incidental damages you actually paid, including reasonable towing, rental car, and out-of-pocket repair costs.2California Legislative Information. California Civil Code 1793.2
The Mileage Offset
One deduction comes off the refund: a mileage offset for the use you got out of the car 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 for the vehicle and had 6,000 miles on it at the first repair visit for the defect, the offset is $40,000 × (6,000 ÷ 120,000), or $2,000. You receive $38,000 plus taxes, fees, and incidental costs.2California Legislative Information. California Civil Code 1793.2 This is why it matters to bring the car in early. Every mile before that first visit grows the offset.
Taking a Replacement Instead
If you prefer a replacement, the manufacturer must provide a new vehicle substantially identical to the one being replaced, with all accompanying express and implied warranties, and must pay the sales tax, license fees, and registration on the new car. The same mileage offset applies.2California Legislative Information. California Civil Code 1793.2
Attorney Fees and the Civil Penalty
Section 1794 shifts legal costs onto the losing manufacturer. If you prevail, the court awards the full amount of your attorney fees and costs based on the attorney’s actual time.3California Legislative Information. California Civil Code 1794 That’s why most lemon law attorneys take cases on contingency.
When the manufacturer’s refusal to comply is willful, the court may add a civil penalty of up to two times your actual damages on top of the refund.3California Legislative Information. California Civil Code 1794 A procedural step trips people up here: after the presumption is triggered, you must send the manufacturer a written notice requesting compliance. If the manufacturer fixes the situation within 30 days of receiving that notice, the penalty is off the table. Skip the written notice and you can lose the penalty entirely, even in an otherwise strong case.
How Long You Have to File
Assembly Bill 1755 tightened the filing deadlines. You must file your lawsuit 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 dates and the claim is gone no matter 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. Calendar the warranty expiration and count backward.
Documentation That Protects Your Claim
A lemon law case lives in the paperwork. Every time the car goes in for warranty service, get a copy of the repair order. It should show the drop-off date, the pick-up date, your description of the problem, the technician’s diagnosis, and the work performed. If it’s vague, ask the service advisor to revise it before you leave. “Customer states concern, unable to duplicate” is a line that works against you.
Keep the original purchase or lease agreement, the 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 towing and rental car receipts; incidental damage claims require proof of actual cost.
How to Pursue the Claim
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. The letter puts the manufacturer on formal notice and starts the clock on civil penalty exposure.
If the manufacturer participates in a qualified third-party dispute resolution program certified by the California Department of Consumer Affairs, you may need to go through that program before asserting the presumption in court.4California Department of Consumer Affairs. Arbitration Certification Program Arbitration through a certified program is free, faster than litigation, and binding on the manufacturer if you accept the outcome. Reject it, or face a manufacturer that doesn’t participate in a certified program, and you can go straight to court.
A civil lawsuit is the final option when the manufacturer denies the claim or offers an inadequate settlement. Smaller amounts can go through small claims court; larger claims go to superior court. Because Section 1794 forces the losing manufacturer to pay legal fees, many lemon law attorneys evaluate cases at no upfront cost.