📋 What is California's Lemon Law?
California has the strongest lemon law protections in the nation. Under the Song-Beverly Consumer Warranty Act (Civil Code 1790-1795.8), manufacturers must repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts. The Tanner Consumer Protection Act (Civil Code 1793.22) creates a presumption that makes it easier to prove your case.
When Does Lemon Law Apply?
California's lemon law protects consumers who purchase or lease new vehicles that have substantial defects the manufacturer cannot repair. Use this guide if:
🔧 Multiple Repair Attempts
Your vehicle has been to the dealer 2+ times for the same serious problem, or 4+ times for any warranty issue
🕑 Extended Time in Shop
Your vehicle has been out of service for repairs for 30+ cumulative days
⚠ Safety Defect
A defect that could cause death or serious injury that was not repaired after one attempt
📄 Within Warranty Period
Problems occurred during the manufacturer's express warranty period (typically 3 years/36,000 miles)
👍 What You Can Recover Under California Lemon Law
- Full refund - Purchase price, taxes, registration, finance charges minus usage offset
- Replacement vehicle - A new vehicle of the same make and model
- Incidental damages - Towing, rental cars, repair costs, lost wages
- Civil penalty - Up to 2x your damages if manufacturer willfully violated the law
- Attorney fees - Manufacturer pays your attorney if you prevail
The Tanner Act Presumption
📜 2+ Repair Attempts for Same Problem
▼If the manufacturer has made two or more attempts to repair the same nonconformity that substantially impairs the vehicle's use, value, or safety, the presumption applies. The defect must be the same fundamental issue each time.
⚠ 1 Attempt for Safety Defects
▼For defects likely to cause death or serious bodily injury, only one repair attempt is required before the presumption applies. These include brake failures, steering problems, or sudden acceleration issues.
🔧 4+ Total Repair Attempts
▼If the vehicle has been subject to four or more repair attempts for any combination of warranty problems that substantially impair use, value, or safety, the presumption applies even if the problems are different each time.
🕑 30+ Days Out of Service
▼If the vehicle has been out of service for cumulative repairs for more than 30 calendar days (not necessarily consecutive), the presumption applies. This includes all days the vehicle was at the dealership for warranty repairs.
⚠ Time is Critical
California has a 4-year statute of limitations from the date you discovered (or should have discovered) the defect. Do not wait - act quickly to preserve your rights. The presumption must be invoked within 18 months or 18,000 miles, whichever comes first.
⚖ Legal Basis
California provides the strongest lemon law protections in the country. These statutes and regulations support your claim.
Key California Statutes
Song-Beverly Consumer Warranty Act (Civil Code 1790-1795.8)
California's primary lemon law. Requires manufacturers to maintain service and repair facilities, provide refunds or replacements for defective vehicles, and pay buyer's attorney fees. Covers new vehicles purchased or leased in California with manufacturer warranties.
Tanner Consumer Protection Act (Civil Code 1793.22)
Creates the "lemon law presumption" - if certain repair thresholds are met, it is presumed the manufacturer cannot conform the vehicle to warranty. Shifts the burden to the manufacturer to prove the vehicle is not a lemon.
Civil Code 1794(c) - Civil Penalty
If the manufacturer's failure to comply was willful, the court shall award a civil penalty of up to two times the amount of actual damages. This effectively triples your recovery for bad-faith conduct by the manufacturer.
Civil Code 1794(d) - Attorney Fees
If the buyer prevails, the manufacturer must pay the buyer's reasonable attorney fees and costs. This makes it economically viable to pursue even smaller claims and incentivizes attorneys to take lemon law cases on contingency.
Elements You Must Prove
- Covered vehicle - New vehicle purchased or leased in California with manufacturer's warranty
- Substantial defect - Nonconformity that substantially impairs use, value, or safety
- Reasonable repair attempts - Manufacturer had reasonable opportunity to repair
- Failure to repair - Defect persists despite repair attempts
- Defect arose during warranty - Problem manifested while warranty was in effect
💡 What Qualifies as "Substantial"?
A defect "substantially impairs" a vehicle if it materially affects the vehicle's use (can't drive it reliably), value (worth significantly less), or safety (creates danger to occupants or others). Examples include: engine problems, transmission issues, electrical failures, brake defects, safety system malfunctions, and persistent warning lights.
✅ Evidence Checklist
Gather these documents before sending your demand letter. Click to check off items as you collect them.
📄 Purchase Documents
- ✓ Purchase or lease agreement showing price paid
- ✓ Manufacturer's warranty booklet or documentation
- ✓ Window sticker (Monroney sticker) showing MSRP
- ✓ Registration and title documents
🔧 Repair Records
- ✓ All repair orders and work orders from dealer
- ✓ Service invoices (even if $0 under warranty)
- ✓ Documentation of each complaint made
- ✓ Dates vehicle was dropped off and picked up
📩 Communications
- ✓ Written complaints to dealer or manufacturer
- ✓ Responses from manufacturer's customer service
- ✓ Phone call log (dates, names, summaries)
- ✓ Emails and text messages about the defect
📈 Incidental Damages
- ✓ Rental car receipts while vehicle was in shop
- ✓ Towing bills and roadside assistance costs
- ✓ Lost wages documentation (pay stubs, letters)
- ✓ Out-of-pocket repair costs not covered by warranty
🔒 Document Everything
Always request a copy of the repair order before leaving the dealership. Describe the problem in your own words, not just "check engine light" - be specific about symptoms. Keep a log of each incident and how it affected your use of the vehicle.
💰 Calculate Your Damages
California's lemon law entitles you to either a refund or replacement, plus incidental damages and potentially a civil penalty.
| Recovery Type | Description |
|---|---|
| Full Refund Option | Purchase price + taxes + registration + finance charges - mileage offset |
| Replacement Option | New vehicle of same make/model plus reimbursement of incidental costs |
| Incidental Damages | Rental cars, towing, repairs, lost wages, alternative transportation |
| Civil Penalty | Up to 2x actual damages if manufacturer's violation was willful |
| Attorney Fees | Manufacturer pays your attorney if you prevail (not deducted from your recovery) |
💰 Understanding the Mileage Offset
The manufacturer can deduct a "usage offset" for the miles you drove before the first repair attempt. The formula is: (Miles at first repair / 120,000) x Purchase Price. For example, if you drove 5,000 miles before your first repair on a $40,000 car: (5,000 / 120,000) x $40,000 = $1,667 offset.
📊 Sample Refund Calculation
Example: Defective New SUV
💡 Civil Penalty - When Does It Apply?
Courts award the civil penalty (up to 2x damages) when the manufacturer knew about the defect but refused to repurchase, ignored your demands, dragged out the process unreasonably, or had a pattern of denying valid claims. Document any evidence of willful conduct.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do after sending your demand letter.
Expected Timeline
Days 1-7
Manufacturer receives letter and routes to legal/customer relations
Days 7-21
Manufacturer reviews repair history and evaluates claim
Days 21-30
Response with buyback offer, settlement proposal, or denial
If the Manufacturer Refuses
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Consult a Lemon Law Attorney
Most work on contingency with no upfront fees. The manufacturer pays attorney fees if you win under Civil Code 1794(d). You have nothing to lose by consulting an attorney.
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Consider Arbitration (Optional)
Some manufacturers have arbitration programs certified by the Department of Consumer Affairs. You can try arbitration first, but you can still sue if you don't like the result.
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File a Lawsuit
Lemon law cases are filed in Superior Court. If you have a strong case (meeting the presumption), most cases settle before trial. Remember: you can recover up to 2x damages plus attorney fees.
⚠ Warning: Don't Accept a Lowball Offer
Manufacturers often offer inadequate settlements hoping you'll accept to "be done with it." Before accepting any offer, ensure it includes: full purchase price recovery, proper mileage offset calculation, all incidental damages, and payoff of any remaining loan balance. Consult an attorney before signing any release.
Need Legal Help?
Lemon law cases can be complex. Get a 30-minute strategy call with an attorney to evaluate your case and discuss next steps. Most lemon law attorneys offer free consultations.
Book Consultation - $125California Resources
- CA Department of Consumer Affairs: dca.ca.gov - Arbitration certification programs
- CA Bar Lawyer Referral: calbar.ca.gov - Find a lemon law attorney
- Song-Beverly Act Text: leginfo.legislature.ca.gov (Civil Code 1790-1795.8)
- Tanner Act Text: leginfo.legislature.ca.gov (Civil Code 1793.22)
- CA New Motor Vehicle Board: nmvb.ca.gov - Dispute resolution