California Lemon Law – Complete Consumer Guide

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    California Lemon Law – Complete Consumer Guide

    The California Lemon Law (part of the Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act) protects buyers and lessees of new and certain used motor vehicles with substantial defects the manufacturer cannot fix after a reasonable number of repair attempts.

    If your vehicle qualifies, you may be entitled to a refund, replacement, or cash settlement — plus payment of your legal fees by the manufacturer.

    1. Does the California Lemon Law Apply to You?

    Covered Vehicles

    • New passenger cars, trucks, SUVs, vans, and motorcycles

    • Certain used vehicles still covered by the manufacturer’s warranty

    • Purchased or leased in California for personal, family, or household use

    • Some vehicles purchased for business use if the business owns ≤ 5 vehicles

    Not Covered

    • Vehicles not covered by a manufacturer’s warranty

    • Off-road vehicles not registered for street use

    • Vehicles purchased “as-is” without warranty coverage

    2. What Qualifies as a “Lemon” in California

    A vehicle is presumed to be a lemon if, within the first 18 months or 18,000 miles (whichever comes first):

    1. The same defect has been repaired 4 or more times without success; OR

    2. The same safety-related defect has been repaired 2 or more times without success; OR

    3. The vehicle has been out of service for 30 or more cumulative days for any defect; AND

    4. The defect substantially impairs the use, value, or safety of the vehicle.

    3. Your Rights Under the Law

    If your vehicle qualifies, you may be entitled to:

    • Repurchase (Buyback) – Refund of the purchase price, including taxes, registration, and fees, minus a small usage fee

    • Replacement Vehicle of comparable value

    • Reimbursement for incidental expenses (towing, rental cars, etc.)

    • Payment of your attorney’s fees and court costs by the manufacturer

    4. The Process – Step-by-Step

    Step 1 – Document the Problem

    • Bring your vehicle to an authorized dealer for repairs.

    • Save all repair orders and receipts.

    Step 2 – Provide Notice to the Manufacturer

    • If the defect persists, send written notice to the manufacturer by certified mail.

    • Give them one final opportunity to repair.

    Step 3 – Consider Arbitration or Settlement

    • Some manufacturers offer arbitration programs. Participation is optional in California but can be faster.

    Step 4 – File a Lawsuit if Needed

    • If repairs fail or settlement doesn’t resolve your claim, litigation may be necessary.

    5. The Litigation Process in California Lemon Law Cases

    A. Filing the Lawsuit

    • Filed in California Superior Court or federal court (if applicable)

    • Claims may include:

      • California Lemon Law

      • Magnuson-Moss Warranty Act

      • California Unfair Competition Law (UCL)

    B. Discovery Phase

    • Exchange of repair records, technical bulletins, and warranty claims

    • Depositions of service managers, manufacturer reps, and possibly you

    C. Expert Inspection

    • Independent mechanic evaluates and documents the defect and repair history

    D. Settlement Negotiations

    • Many cases resolve without trial:

      • Vehicle buyback

      • Replacement vehicle

      • “Cash and keep” settlement

      • Expense reimbursement

    E. Trial

    • Judge or jury decides if your vehicle meets the Lemon Law standard and determines the remedy

    • If you win, the manufacturer must pay your attorney’s fees

    6. Common Myths About the California Lemon Law

    • Myth: “It only applies to brand-new cars.”
      Truth: It can apply to used cars if still under the original manufacturer’s warranty.

    • Myth: “I must go through arbitration first.”
      Truth: Arbitration is optional in California.

    • Myth: “It’s too expensive to sue.”
      Truth: If you win, the manufacturer pays your legal fees.

    7. How We Help

    At Ginsburg Law Group, we:

    • Review your repair history and purchase documents

    • Communicate with the manufacturer and dealer on your behalf

    • Represent you in negotiations, arbitration, or court

    • Pursue the maximum compensation available under California law

    8. What to Do Now

    1. Gather Your Records

      • Purchase/lease contract

      • All repair orders and receipts

      • Correspondence with the dealer/manufacturer

    2. Contact Us

    3. Act Quickly

      • California’s Lemon Law has strict time and mileage limits.

    CLICK HERE FOR THE CA LEMON LAW STATUTE.