Dealing With a Lemon Vehicle in California
My new car keeps breaking down — here's what California law says and what to do next.
Statute: Cal. Civ. Code §§ 1790-1795.8 (Song-Beverly Consumer Warranty Act), §§ 1793.2(d), 1793.22(b) (Tanner Consumer Protection Act lemon-law presumption), § 1794(c) (civil penalty up to 2× actual damages for willful violations); AB 1755 (2024) and SB 26 (2025) (opt-in 30-day manufacturer pre-suit notice and 60-day cure for vehicles subject to the opt-in)
Deadline: 30 days
Penalty: Under Song-Beverly §1794(c), a willful failure to comply exposes the manufacturer to a civil penalty of up to two (2) times the amount of actual damages, on top of a refund or replacement, attorney fees, and costs under §1794(d). The Tanner lemon-law presumption (§1793.22(b)) arises within the first 18 months or 18,000 miles. Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189 narrowed 'new motor vehicle' and limits Song-Beverly refund/replacement to vehicles that were new at sale — used-car buyers now proceed under §1795.5 (dealer's own express warranty) or the federal Magnuson-Moss Warranty Act
What is dealing with a lemon vehicle?
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.
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).
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.
What you should 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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Generate your lemon law →This page is general legal information for California, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in California.