Understanding Lemon Law in California: Your Consumer Rights Explained
Purchasing a new or used vehicle is a major investment — and a frustrating one if that vehicle turns out to be a lemon.
Fortunately, California’s Lemon Law offers strong protections for consumers stuck with defective cars that can’t be fixed after a reasonable number of attempts. Whether you’re driving a brand-new vehicle or one still under warranty, it’s important to know your rights.
What Is California's Lemon Law?
California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, protects consumers who purchase or lease new or used vehicles that experience chronic mechanical issues. The law requires that manufacturers replace or repurchase vehicles that cannot be repaired within a reasonable number of attempts under warranty.
Vehicles Covered Under California Lemon Law
The law generally applies to:
New vehicles purchased or leased in California
Used vehicles still under the original manufacturer’s warranty
Certified pre-owned (CPO) vehicles sold by dealerships
Business vehicles, if the company has no more than five registered vehicles
Important: The vehicle must have been purchased or leased primarily for personal, family, or household use.
What Qualifies as a Lemon?
A vehicle may qualify as a lemon if:
A serious defect affects the use, value, or safety of the vehicle.
The defect is covered under the manufacturer's warranty.
The manufacturer or dealership has made a reasonable number of repair attempts, typically:
2 or more attempts for a defect that could cause death or serious injury
4 or more attempts for the same non-life-threatening issue
The vehicle is out of service for 30 cumulative days or more due to repairs
What Are Your Rights Under the Lemon Law?
If your vehicle qualifies under the law, you may be entitled to:
A replacement vehicle of similar value
A refund of the purchase price, minus a usage fee
Reimbursement for incidental costs (e.g., towing, rental cars, repairs)
Attorney’s fees and costs, if you hire a lemon law attorney
Steps to Take if You Suspect Your Car Is a Lemon
1. Document Everything
Keep a detailed record of:
Repair orders and invoices
Dates and duration of each repair visit
Communications with the dealership and manufacturer
2. Give the Manufacturer a Final Opportunity to Repair
California law generally requires you to allow the manufacturer one final chance to fix the issue before filing a claim.
3. File a Lemon Law Claim
You can file a claim directly with the manufacturer, through arbitration, or with the help of a lemon law attorney.
4. Consider Legal Help
Lemon law attorneys in California often work on a contingency basis, meaning you don’t pay unless they win your case. If successful, the manufacturer pays the attorney fees.
Common Lemon Law Myths
Myth 1: You must return the vehicle within 30 days — ❌ False. The issue just needs to begin during the warranty period.
Myth 2: Only new cars qualify — ❌ False. Used cars under warranty are also protected.
Myth 3: You must pay for repairs — ❌ False. Warranty-covered repairs should be free.
Conclusion
California’s Lemon Law is one of the most consumer-friendly in the country, ensuring that buyers are not stuck with vehicles that cannot be reliably repaired. If you suspect your vehicle may qualify as a lemon, understanding your rights and taking action early can help you recover your losses and regain peace of mind.
Don’t settle for a faulty car. Know your rights — and use them.