California Lemon Law Guide: How It Works
California has one of the strongest auto “lemon” laws in the country, but car makers still fight hard to avoid buying back or replacing defective vehicles. This plain-English guide explains how the law works so you can protect your rights. If you think you have a lemon, contact us for a free case review.
What is the California Lemon Law?
The core of California’s lemon law is the Song-Beverly Consumer Warranty Act (California Civil Code §§ 1790–1795.7). It protects consumers who buy or lease new motor vehicles covered by an express warranty. When a vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer cannot repair it after a reasonable number of attempts, the manufacturer must replace the vehicle or buy it back.
What counts as a “lemon”?
Under the Song-Beverly Act, a vehicle is a lemon when all of the following are true:
- The vehicle was purchased new and used for personal, family, or household purposes — or has a gross weight under 10,000 pounds and is used primarily for business by an individual or small business with five or fewer vehicles registered in California;
- The vehicle has a significant defect or nonconformity that substantially impairs its use, value, or safety; and
- The manufacturer is unable to repair the defect after a reasonable number of repair attempts.
How many repair attempts are required?
There is no magic number, but the law creates helpful presumptions. A reasonable number of attempts is presumed if the vehicle has been in for repair four or more times for the same defect, or if it has been out of service for more than 30 calendar days for warranty repairs. If the defect is safety-related, only two repair attempts are enough to trigger the presumption. At least one repair attempt for the defect must have occurred while the original warranty was in effect.
What remedies are available?
If your vehicle qualifies, the manufacturer must offer one of two remedies you may choose:
- Repurchase (buyback): the manufacturer buys the vehicle back and refunds the price you paid, plus statutory offsets for your use, and reimburses registration and sales tax.
- Replacement: the manufacturer provides a comparable replacement vehicle.
In addition, a prevailing consumer may recover reasonable attorney’s fees and costs, and in some cases the manufacturer may owe a civil penalty.
Does the law cover used cars, RVs, and other products?
The Song-Beverly Act covers more than brand-new cars. It applies to warranted consumer products, including trucks, RVs, motorcycles, boats, jet skis, and manufactured housing. Used and certified pre-owned vehicles are covered while an unexpired factory warranty remains. Learn more about used cars and the lemon law and lemon RVs.
Getting help from a California lemon law attorney
Manufacturers and dealers often pressure consumers to give up or settle for less than they deserve. An experienced lemon law attorney can level the playing field. At Makler & Baker LLP we handle cases on a contingency basis with no upfront retainer. Contact us or call (866) 995-3666 for a free case review.