📋 Overview: California Lemon Law

California's Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, is one of the strongest consumer protection laws in the country. It protects buyers of new and used vehicles when manufacturers or dealers fail to fix defects covered under warranty.

What Makes a Vehicle a "Lemon"?

A vehicle qualifies as a lemon when it has a substantial defect covered by the manufacturer's warranty that the manufacturer or its agents cannot repair after a reasonable number of attempts. The law covers:

New Vehicles

Any new motor vehicle sold with manufacturer's warranty, including cars, trucks, SUVs, motorcycles, and RVs

Used Vehicles

Used vehicles still under original manufacturer's warranty OR sold with dealer warranty (certified pre-owned)

Leased Vehicles

Leased vehicles are covered just like purchased vehicles under the Song-Beverly Act

When the Law Applies

Common Lemon Law Defects

  • Engine problems - stalling, overheating, loss of power, check engine lights
  • Transmission issues - slipping, grinding, failure to shift properly
  • Electrical system failures - dead batteries, shorts, malfunctioning displays
  • Brake defects - squealing, grinding, reduced stopping power
  • Steering problems - vibration, pulling, power steering failure
  • Air conditioning/heating - failure to cool or heat cabin
  • Safety system defects - airbag issues, seatbelt problems, backup camera failures
  • Structural defects - leaks, panel gaps, paint issues (if under warranty)

Important: Repair Attempts Required

Before you can pursue a lemon law claim, you must give the manufacturer a reasonable number of repair attempts. California law presumes "reasonable" means:

  • Two or more attempts for defects that could cause death or serious injury
  • Four or more attempts for other substantial warranty defects
  • 30+ cumulative days out of service for repairs (doesn't need to be consecutive)

Good News: Attorney Fees Are Recoverable

Under Song-Beverly Civil Code Section 1794(d), if you win your lemon law case, the manufacturer must pay your attorney fees. This means many lemon law attorneys take cases on contingency - you pay nothing unless you win.

✅ Elements to Prove a Lemon Law Claim

To succeed on a California lemon law claim, you must prove each of the following elements:

1. Covered Vehicle

Vehicle was purchased or leased in California and is covered by manufacturer's or dealer's express warranty

2. Substantial Defect

Vehicle has a defect that substantially impairs its use, value, or safety to a reasonable person

3. Warranty Coverage

The defect occurred during the warranty period and is covered by the warranty terms

4. Reasonable Repair Attempts

Manufacturer or its agents were given a reasonable number of opportunities to repair the defect

5. Defect Persists

Despite repair attempts, the defect was not fixed or continues to recur

What Counts as "Substantial Impairment"?

The defect must substantially impair the vehicle's use, value, or safety. Courts use an objective "reasonable person" standard:

Impairment Type Examples
Use Vehicle frequently stalls, won't start, requires towing; A/C doesn't work in summer; can't reliably transport family
Value Significant engine or transmission problems; branded title due to repairs; diminished resale value
Safety Brake failures; airbag warnings; steering problems; fire risk; sudden acceleration/deceleration

Minor Annoyances Are Usually Not Covered

Minor cosmetic issues, squeaks, rattles, or problems that don't affect the vehicle's operation typically don't qualify. However, multiple minor issues together may constitute substantial impairment.

💰 Damages & Penalties

When your vehicle qualifies as a lemon, California law entitles you to significant remedies.

Buyback (Refund) Option

The manufacturer must refund:

  • Full purchase price (or lease payments made)
  • All finance charges and interest paid
  • Registration fees
  • Taxes
  • Incidental damages - towing, rental cars, missed work, etc.

Minus: A "usage offset" calculated as:

Offset = (Purchase Price) x (Miles at First Repair) / 120,000

Replacement Option

Instead of a refund, you can choose a replacement vehicle of comparable value. The manufacturer pays for registration and other fees on the replacement.

Additional Damages

Damage Type Description
Civil Penalty (2x Damages) If manufacturer willfully violated the law - up to double actual damages
Attorney Fees Manufacturer must pay your reasonable attorney fees if you prevail
Incidental Damages Rental cars, towing, Uber/Lyft, missed work, alternative transportation
Consequential Damages Other losses caused by the defect (property damage, personal injury if applicable)

Sample Buyback Calculation

Example: New Car Lemon Buyback

Consumer purchased new vehicle for $45,000. First repair visit at 2,500 miles. Vehicle has been to dealer 5 times for same transmission defect that persists.

Purchase price $45,000
Sales tax (8%) $3,600
Registration/license fees $850
Finance charges paid $1,200
Incidentals (towing, rental) $800
Subtotal $51,450
Usage offset (45,000 x 2,500/120,000) -$937.50
MINIMUM BUYBACK AMOUNT $50,512.50

*If willful violation proven, civil penalty could add up to $101,025 (2x damages)

📂 Evidence Checklist

Strong documentation is essential for a successful lemon law claim. Gather these items before sending your demand.

Purchase Documents

Sales contract, purchase agreement, lease agreement, financing documents, bill of sale

Warranty Documents

Manufacturer warranty booklet, certified pre-owned warranty, extended warranty contracts

Repair Orders

All repair invoices and work orders showing dates, mileage, complaints, and work performed

Service Records

Dealer service history, manufacturer records (available through FOIA-style requests)

Communications

Emails, texts, letters with dealer or manufacturer about the defect

Personal Log

Your notes documenting when defect occurs, symptoms, dates vehicle was unavailable

Photos/Videos

Visual evidence of defects - warning lights, symptoms, failed parts

Expense Records

Rental car receipts, towing bills, Uber/Lyft receipts, lost wage documentation

Pro Tip: Request Your Full Service History

Dealers and manufacturers keep detailed electronic records of all service visits. Send a written request for your complete vehicle service history and any Technical Service Bulletins (TSBs) related to your defect. These records often contain admissions helpful to your case.

📝 Sample Demand Language

Use these paragraphs as building blocks for your lemon law demand letter. Customize with your specific facts.

Opening - Lemon Law Claim Notice
I am writing to formally demand that [MANUFACTURER NAME] repurchase my [YEAR MAKE MODEL], VIN [VIN NUMBER], pursuant to the California Song-Beverly Consumer Warranty Act, Civil Code Sections 1790 et seq. Despite [NUMBER] repair attempts over [NUMBER] months, the vehicle continues to suffer from a substantial defect that impairs its [use/value/safety]. The manufacturer has failed to repair this defect after a reasonable number of opportunities as defined under Civil Code Section 1793.2(d).
Defect Description
Beginning on [DATE OF FIRST OCCURRENCE], at approximately [MILEAGE] miles, the vehicle began experiencing [DESCRIBE DEFECT - e.g., "transmission shuddering, hesitation when accelerating, and sudden jerking during gear changes"]. I immediately brought the vehicle to [DEALERSHIP NAME] for warranty repair. Despite the following repair attempts, the defect persists: [LIST DATES AND REPAIR ORDER NUMBERS]. Each time, the dealership attempted repairs but the same symptoms returned within [DAYS/WEEKS/MILES].
Presumption of Unreasonable Attempts
Under Civil Code Section 1793.2(d)(2), a rebuttable presumption arises that a reasonable number of repair attempts has occurred when the same nonconformity has been subject to repair four or more times. My vehicle has been presented for repair of [THE SAME DEFECT] on [NUMBER] occasions, triggering this presumption. [ALTERNATIVELY: My vehicle has been out of service for warranty repairs for a cumulative total of [NUMBER] days, exceeding the 30-day threshold that triggers the statutory presumption.]
Demand for Buyback
Pursuant to Civil Code Section 1793.2(d)(2)(B), I elect a refund of the purchase price rather than replacement. I demand that [MANUFACTURER] repurchase my vehicle within 30 days for the following amounts: (1) the full purchase price of $[AMOUNT]; (2) all sales taxes, registration fees, and license fees; (3) all finance charges incurred; and (4) all incidental damages including $[AMOUNT] for rental vehicles, $[AMOUNT] for towing, and $[AMOUNT] for other expenses. The total buyback amount, less the statutory usage offset, is $[CALCULATED AMOUNT].
Civil Penalty Warning
Please be advised that under Civil Code Section 1794(c), if this matter proceeds to litigation and the trier of fact finds that [MANUFACTURER'S] failure to comply with the Song-Beverly Act was willful, I am entitled to a civil penalty of up to two times my actual damages. Given the clear evidence that this vehicle is a lemon and that your client has had multiple opportunities to make this right, any further delay in providing the required buyback could be found willful. Additionally, under Civil Code Section 1794(d), I will seek recovery of all attorney fees and costs incurred in enforcing my rights.
Full Sample Demand Letter
[YOUR NAME]
[Your Address]
[City, CA ZIP]
[Your Email]
[Your Phone]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL

[MANUFACTURER NAME]
Attn: Customer Relations / Legal Department
[Manufacturer Address]

Re: Lemon Law Demand - Song-Beverly Consumer Warranty Act
Vehicle: [YEAR MAKE MODEL]
VIN: [VIN NUMBER]
Purchase Date: [DATE]
Current Mileage: [MILEAGE]

Dear [MANUFACTURER NAME]:

I am writing to formally demand that you repurchase my vehicle pursuant to the California Song-Beverly Consumer Warranty Act, Civil Code Sections 1790 et seq.

PURCHASE INFORMATION

On [PURCHASE DATE], I purchased/leased a new [YEAR MAKE MODEL] from [DEALERSHIP NAME] in [CITY], California for $[PURCHASE PRICE]. The vehicle came with [MANUFACTURER'S] standard warranty.

DEFECT AND REPAIR HISTORY

Beginning on [DATE] at [MILEAGE] miles, the vehicle developed [DESCRIBE DEFECT]. I have presented the vehicle for repair on the following occasions:

1. [DATE] - [MILEAGE] miles - RO #[NUMBER] - [COMPLAINT AND REPAIR ATTEMPTED]
2. [DATE] - [MILEAGE] miles - RO #[NUMBER] - [COMPLAINT AND REPAIR ATTEMPTED]
3. [DATE] - [MILEAGE] miles - RO #[NUMBER] - [COMPLAINT AND REPAIR ATTEMPTED]
4. [DATE] - [MILEAGE] miles - RO #[NUMBER] - [COMPLAINT AND REPAIR ATTEMPTED]

Despite these repair attempts, the defect persists. The vehicle continues to [DESCRIBE ONGOING SYMPTOMS].

LEGAL BASIS

Under Civil Code Section 1793.2(d)(2), a rebuttable presumption that a reasonable number of repair attempts has been made arises when the same nonconformity has been subject to repair four or more times. My vehicle meets this threshold.

The defect substantially impairs the vehicle's [use/value/safety] because [EXPLAIN HOW]. This entitles me to a refund under Civil Code Section 1793.2(d)(2)(B).

DEMAND

I demand the following within 30 days:

1. Full purchase price: $[AMOUNT]
2. Sales tax: $[AMOUNT]
3. Registration/license fees: $[AMOUNT]
4. Finance charges: $[AMOUNT]
5. Incidental damages: $[AMOUNT]

SUBTOTAL: $[AMOUNT]
Less usage offset ([FIRST REPAIR MILEAGE]/120,000 x $[PURCHASE PRICE]): -$[AMOUNT]
TOTAL BUYBACK: $[AMOUNT]

CONSEQUENCES OF NON-COMPLIANCE

If you fail to repurchase this vehicle within 30 days, I will pursue all legal remedies including:
- Filing suit in California Superior Court
- Seeking the civil penalty of up to twice actual damages (Civil Code 1794(c))
- Recovering attorney fees and costs (Civil Code 1794(d))

Please contact me at [EMAIL] or [PHONE] to arrange the buyback.

Sincerely,

_________________________
[YOUR NAME]

Enclosures:
- Copy of purchase agreement
- All repair orders
- Documentation of incidental expenses

📥 For Recipients: Responding to a Lemon Law Demand

If you're a manufacturer, dealer, or their representative who has received a lemon law demand letter, here's what you need to know.

Take This Seriously

California's lemon law has strong consumer protections including mandatory attorney fee awards and potential double damages. Ignoring or unreasonably denying a legitimate lemon law claim can dramatically increase your exposure.

Immediate Steps

  1. Review the repair history - Pull all service records for the VIN and verify the consumer's claimed repair attempts
  2. Assess the defect - Determine if the complained-of condition is a substantial nonconformity
  3. Check warranty coverage - Confirm the defect is covered under warranty
  4. Count repair attempts - Determine if the statutory presumption threshold has been met
  5. Calculate exposure - Estimate buyback amount, potential civil penalty, and litigation costs

Response Options

Accept and Buyback

If the claim is valid, process the buyback promptly. Disputing legitimate claims increases costs and civil penalty risk.

Negotiate

Discuss usage offset calculation, incidental damages, or offer a replacement vehicle as alternative.

Request One Final Repair

If you believe the defect can be fixed, offer one final repair attempt with enhanced accommodations (loaner car, expedited service).

Dispute

If the claim lacks merit (defect not substantial, insufficient attempts, warranty exclusion applies), respond with specific factual and legal reasons.

Attorney Fees Add Up Quickly

Remember that prevailing consumers recover attorney fees. A case that could settle for a $40,000 buyback can easily cost $80,000+ after trial when attorney fees are added. Evaluate settlement early.

Common Defenses

  • No substantial impairment - The defect is minor or cosmetic and doesn't affect use, value, or safety
  • Not enough repair attempts - Consumer hasn't met the statutory presumption thresholds
  • Defect caused by consumer - Damage from misuse, neglect, accident, or unauthorized modifications
  • Warranty exclusion - The specific component or type of damage is excluded from coverage
  • Out of warranty - Defect occurred after warranty expiration

🚀 Next Steps

After sending your lemon law demand, here's what to expect and how to proceed.

Expected Timeline

Days 1-14

Manufacturer receives and reviews demand, pulls service records, assigns to legal/customer relations

Days 14-30

Manufacturer responds - may offer buyback, request more information, or deny claim

Days 30-60

Negotiation period - discuss buyback amount, usage offset, timing

Day 60+

If no resolution, consider filing lawsuit or contacting lemon law attorney

If They Agree to Buyback

  1. Review the offer carefully - Verify all amounts match your calculation
  2. Negotiate if needed - Dispute any unreasonable deductions
  3. Get everything in writing - Require a written settlement agreement
  4. Coordinate vehicle return - Arrange date, location, and payoff of any loan
  5. Keep copies - Retain all documents for your records

If They Refuse or Don't Respond

  1. Consult a lemon law attorney - Many work on contingency due to fee-shifting
  2. Consider BBB Auto Line - Some manufacturers require arbitration through BBB first
  3. File in court - Superior Court for cases over $12,500; Small Claims for smaller amounts
  4. File complaints - Report to CA Department of Consumer Affairs and Attorney General

Need Legal Assistance?

Lemon law cases can be complex. Get a 30-minute strategy session to evaluate your claim and discuss your options.

Book Consultation - $240/hr

California Resources

  • CA Department of Consumer Affairs: dca.ca.gov
  • CA Attorney General (Consumer Complaints): oag.ca.gov/consumers
  • BBB AUTO LINE: bbb.org/autoline
  • California Courts Self-Help: courts.ca.gov/selfhelp

Contact Information

For legal assistance with your California lemon law claim, contact:
Email: owner@terms.law
Consultation Rate: $240/hour
Flat Fee Demand Letter: $450
Book Online: calendly.com/sergei-tokmakov/30-minute-zoom-meeting