California Lemon Law

California has one of the strongest consumer-protection regimes in the country for defective vehicles. The Song-Beverly Consumer Warranty Act — codified at California Civil Code §§ 1790–1795.8 — requires manufacturers who can’t repair a vehicle to a usable condition within a reasonable number of attempts to either replace the vehicle or refund what the buyer paid, including reasonable attorney fees.

This page is the hub for our California coverage. Below, you’ll find the rules at a high level. Use the topic guides for deeper reading on specific questions:

• The Law — Song-Beverly Act, Magnuson-Moss, the lemon-law presumption, statute of limitations, and the role of implied warranties.
• The Process — How a claim moves from documentation through manufacturer notice, negotiation, and (if needed) litigation.
• Remedies — Buyback math, replacement vehicles, cash-and-keep settlements, civil penalties, and attorney-fee shifting.
• Qualifying Defects — Transmission, engine, brake, electrical, EV-specific, and other defect categories that meet the substantial-impairment test.
• Vehicle Types — Used cars, certified pre-owned, leases, EVs, motorcycles, RVs, and commercial trucks.
• Manufacturers — Tesla, Toyota, Honda, Ford, GM, BMW, Mercedes-Benz, Audi/VW, Hyundai, Kia, Nissan, Stellantis, and Subaru case patterns.
• FAQ — When is a car a lemon, do you need a lawyer, how much does it cost, and other common questions.

Who’s protected

California’s lemon law covers:

• New vehicles purchased or leased in California, used primarily for personal, family, or household purposes.
• Used vehicles still under the original manufacturer’s written warranty.
• Some business-use vehicles under 10,000 lbs GVW, if the business owns five or fewer vehicles registered in California.

Vehicles bought “as-is” without any written warranty are generally not covered — though the implied warranty of merchantability under § 1791.1 still applies and is harder to disclaim than buyers often realize.

What counts as a defect

A “nonconformity” under Song-Beverly is any defect or condition that substantially impairs the use, value, or safety of the vehicle. Cosmetic flaws, normal wear, and damage caused by the owner are excluded. Common qualifying defects we see:

• Persistent transmission failures or shifting problems
• Engine misfires, stalling, or sudden power loss
• Brake-system failures (including ABS, parking brake)
• Electrical system or infotainment failures that affect safety equipment
• Steering, suspension, or driveline noise/vibration that returns after repair
• Battery and software defects in EVs that reduce range or disable charging

The “reasonable number of attempts” test

There’s no hard rule, but California’s lemon-law presumption (§ 1793.22) gives buyers a strong inference that the manufacturer failed to repair when, within the first 18 months or 18,000 miles:

• The same nonconformity has been subject to repair four or more times, or
• The vehicle has been out of service for repair for a cumulative 30 or more days, or
• A nonconformity that’s likely to cause death or serious injury has been subject to repair two or more times.

The presumption isn’t required to win a case — buyers regularly prevail on fewer attempts when the facts support it — but meeting it shifts the burden to the manufacturer.

What you can recover

If the manufacturer can’t repair the vehicle within a reasonable number of attempts, the buyer chooses between:

• Replacement. A substantially identical new vehicle.
• Restitution (buyback). A refund of the down payment, monthly payments made, payoff of the loan, registration, sales tax, and incidental damages — minus a mileage offset based on miles driven before the first repair attempt.

In addition, § 1794(d) shifts attorney fees and costs to the manufacturer, which is why legitimate California lemon-law cases are routinely taken on contingency.

Civil penalty for willful violations

Where the manufacturer “willfully” fails to honor the law, courts may award a civil penalty of up to two times the actual damages under § 1794(c). This is why many California cases settle for a meaningful premium over the simple buyback math.

What to do next

If you think you might have a California lemon:

1. Document everything. Keep every repair order — even the ones that say “no problem found.” Note dates, mileage, and what you told the technician.
2. Read the topic guides below for the parts of the law most relevant to your situation.
3. Get a free consultation with a California lemon-law attorney before you accept any settlement from the manufacturer’s customer-relations line.

Explore California lemon law

Topic

The Law: Statutes and Framework

The statutes that govern California lemon-law claims — Song-Beverly, Magnuson-Moss, the lemon-law presumption, statute of limitations, and the role of implied warranties.

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The California Lemon Law Process

Step-by-step: how a California lemon-law claim moves from "my car keeps breaking" through evidence-gathering, manufacturer notice, arbitration, and litigation to a buyback or replacement.

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California Lemon Law Remedies

What you can actually recover under California's Song-Beverly Act — buyback math, replacement vehicles, cash-and-keep settlements, mileage offsets, civil penalties, and attorney-fee shifting.

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Qualifying Defects Under California Lemon Law

What kinds of vehicle defects actually qualify for a Song-Beverly Act buyback — the substantial-impairment test, common qualifying categories, and what doesn't count.

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Vehicle Types Covered by California Lemon Law

How California's Song-Beverly Act applies to used cars, certified pre-owned vehicles, leases, EVs, motorcycles, RVs, and commercial trucks — coverage varies by category.

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California Lemon Law Cases by Manufacturer

How California's Song-Beverly Act applies to specific manufacturers — characteristic defect patterns, TSB histories, and settlement dynamics for the 13 brands most often litigated.

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California Lemon Law — Frequently Asked Questions

Quick answers to the most-asked questions about California's Song-Beverly Act: when is a car a lemon, do you need a lawyer, how much does it cost, what about used cars, and more.

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