When does lemon law apply?

Most state lemon laws apply when:You bought or leased a new vehicle. A handful of states (California, Connecticut, Massachusetts, Minnesota, New Jersey, New York, Rhode Island) also have a separate used-car lemon law.The vehicle has a substantial defect — covered by the warranty and impairing use, value, or safety. Cosmetic squeaks don't count; brakes that fail or a transmission that won't shift do.The defect appeared inside the state's window — typically 1–2 years or 12,000–24,000 miles, whichever comes first.The dealer or manufacturer has had a reasonable number of repair attempts and still hasn't fixed it.What "reasonable number" actually means:Most states: 3–4 repair attempts for the same problem, or 30+ cumulative days out of service.Safety defects — brakes, steering, airbags — often qualify after just 1–2 attempts.You have to give the manufacturer the chance to fix it. One bad service visit and a demand for a refund will get you laughed out of arbitration.A few myths:"Lemon laws only cover cars." Most states cover all motor vehicles. Some include motorcycles, RVs, and boats. A few have broader consumer-product lemon laws."My used car is covered." Usually no. Federal law (Magnuson-Moss) might still help if there was a written warranty, but state lemon-law refund machinery typically doesn't reach used vehicles outside those seven states."I just don't like it." Buyer's remorse isn't a defect. The problem has to be real, substantial, and not caused by you.

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Lemon Law in California

Q: What should I do if my new car keeps breaking down and the dealer can't fix it?

Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).

Q: What should you NOT do about lemon law?

Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.

Researched by Ahmed Alsaedi, Lead Engineer

Primary sources cited; not legal advice.

Source: Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312 (federal warranty law). Each state has its own lemon law statute. Examples: Cal. Civ. Code § 1793.2 (Song-Beverly Consumer Warranty Act), N.Y. Gen. Bus. Law Art. 11-A, Tex. Occ. Code § 2301.601 et seq. Enforced by the FTC (federal) and state attorneys general (state).

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

My new car keeps breaking down in California?See the focused guide →

California Law

How California differs from federal law

California has one of the strongest lemon laws in the United States, covering both new and used vehicles:

Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1793.2): If a manufacturer cannot repair a new vehicle after a reasonable number of attempts, the buyer is entitled to a replacement vehicle or a full refund (minus a usage deduction). California's law covers any consumer good, but vehicles receive the strongest protections.
Tanner Consumer Protection Act (Cal. Civ. Code § 1793.22): Creates a legal presumption that a vehicle is a "lemon" if within 18 months or 18,000 miles: the manufacturer has failed to fix a safety defect after 2 attempts, failed to fix another defect after 4 attempts, or the vehicle has been out of service for 30+ cumulative days.
Used vehicle coverage: Unlike most states, California's lemon law extends to used vehicles sold with a dealer warranty. If a used car sold with a warranty has defects the dealer cannot fix, the buyer has remedies under Song-Beverly.
Attorney fees: Cal. Civ. Code § 1794(d) requires the manufacturer to pay the buyer's attorney fees if the buyer prevails. This makes it easier to find a lemon law attorney who will take your case on contingency.
No arbitration requirement: California does not require you to go through manufacturer arbitration before filing a lemon law lawsuit, though some manufacturers offer voluntary programs.

Additional Steps in California

Document every repair attempt and keep all work orders. Contact the manufacturer in writing to request a buyback or replacement. If refused, consult a California lemon law attorney (most work on contingency due to the attorney fee provision). File a complaint with the California Department of Consumer Affairs at dca.ca.gov.

Relevant Law: Cal. Civ. Code § 1793.2 (Song-Beverly Consumer Warranty Act), Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act — lemon law presumption), Cal. Civ. Code § 1794(d) (attorney fees)

Federal baseline: Lemon Law nationwide

What is this right?

Lemon laws exist because, before the late 1970s, buying a new car with a defect that nobody could fix meant you were just stuck with it. California passed the first modern lemon law — the Song-Beverly Consumer Warranty Act — in 1970 and tightened it with the Tanner Consumer Protection Act in 1982. Every other state followed by the early 1990s. The basic deal: if a new vehicle has a substantial defect that the manufacturer can't fix after a reasonable number of attempts, they have to replace it or refund you.

Every state has its own version, with different cutoffs for what qualifies, how many repair attempts you need, and which vehicles are covered. The federal Magnuson-Moss Warranty Act (1975) sits behind all of them as a backup — if a manufacturer doesn't honor a written warranty, you can sue under federal law and recover attorney's fees if you win, which is why most lemon-law lawyers will take your case on contingency.

When does it apply?

Most state lemon laws apply when:

You bought or leased a new vehicle. A handful of states (California, Connecticut, Massachusetts, Minnesota, New Jersey, New York, Rhode Island) also have a separate used-car lemon law.
The vehicle has a substantial defect — covered by the warranty and impairing use, value, or safety. Cosmetic squeaks don't count; brakes that fail or a transmission that won't shift do.
The defect appeared inside the state's window — typically 1–2 years or 12,000–24,000 miles, whichever comes first.
The dealer or manufacturer has had a reasonable number of repair attempts and still hasn't fixed it.

What "reasonable number" actually means:

Most states: 3–4 repair attempts for the same problem, or 30+ cumulative days out of service.
Safety defects — brakes, steering, airbags — often qualify after just 1–2 attempts.
You have to give the manufacturer the chance to fix it. One bad service visit and a demand for a refund will get you laughed out of arbitration.

A few myths:

"Lemon laws only cover cars." Most states cover all motor vehicles. Some include motorcycles, RVs, and boats. A few have broader consumer-product lemon laws.
"My used car is covered." Usually no. Federal law (Magnuson-Moss) might still help if there was a written warranty, but state lemon-law refund machinery typically doesn't reach used vehicles outside those seven states.
"I just don't like it." Buyer's remorse isn't a defect. The problem has to be real, substantial, and not caused by you.

What to Do If You Bought a Lemon

Step 1: Document every visit. Repair orders, receipts, written complaints, and email threads. Date, mileage, what you reported, what they did, what they didn't. The case turns on the paper trail.

Step 2: Send written notice. A formal demand letter to the manufacturer (not just the dealer) by certified mail, return receipt. Most states require this before you can file. The letter triggers a final repair opportunity, usually 10–30 days.

Step 3: Check whether arbitration is required. Many manufacturers — and some state laws — make you go through a manufacturer-sponsored arbitration program (BBB Auto Line is the biggest) before suing. It's usually free and resolves in 40–60 days.

Step 4: Sue if arbitration fails. Under both state lemon laws and the federal Magnuson-Moss Act, the manufacturer pays your attorney's fees if you win — which is why most lemon lawyers work on contingency. You bring zero money to the table.

Step 5: Pick your remedy. Replacement vehicle of comparable value, or a full refund minus a reasonable usage allowance (typically calculated as miles driven before the first defect, divided by 120,000, times the purchase price).

What should you NOT do?

Don't stop taking it in. You need a documented pattern. Skipping appointments out of frustration kills the case.

Don't get warranty repairs done at an independent mechanic. Only authorized dealer or manufacturer service counts toward your lemon-law clock.

Don't sign a quick settlement without checking the math. Manufacturers regularly offer 50–60% of what a court or arbitrator would award. Get the figure pressure-tested by a lemon-law attorney before you sign anything that includes a release.

Don't trade in or sell the car before filing. Once you no longer own it, your lemon-law rights generally die with the title transfer. File first, then dispose.

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Lemon Law in other states

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

California

Federal

StatuteMagnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312
Federal warranty act granting attorney-fee recovery on prevailing breach-of-warranty claims; backstop for every state lemon law.
StatuteSong-Beverly Consumer Warranty Act, Cal. Civ. Code § 1793.2
California's foundational lemon law — 18-month / 18,000-mile presumption and buyback remedy.
StatuteNew York New Car Lemon Law, N.Y. Gen. Bus. Law § 198-a
NY's lemon-law statute with free state-run arbitration via the Attorney General.
StatuteTexas Lemon Law, Tex. Occ. Code §§ 2301.601-613
TX administered by TxDMV (not the courts) — 6-month filing deadline + SOAH hearing process.
Agency guidanceFTC — Magnuson-Moss Warranty Act Guidance
FTC's authoritative warranty-law summary, including written warranty distinctions and disclosure rules.