California Lemon Law Claims Demand Letters

Song-Beverly Consumer Warranty Act | New & Used Vehicle Protection

Song-Beverly Consumer Warranty Act Overview
California's Lemon Law: The Song-Beverly Consumer Warranty Act (California Civil Code Sections 1790-1795.8) provides powerful remedies when manufacturers cannot repair substantial defects in new or certified used vehicles. This law is considered one of the strongest consumer protection statutes in the nation.
Core Legal Requirements

Under the Song-Beverly Act, a vehicle is presumed to be a "lemon" if any of the following conditions are met during the warranty period:

Condition Threshold Explanation
Safety Defect Repairs 2 or more attempts Defects likely to cause death or serious bodily injury if the vehicle is driven
Non-Safety Defect Repairs 4 or more attempts Defects that substantially impair the vehicle's use, value, or safety
Out of Service 30 or more days Cumulative days the vehicle has been out of service for warranty repairs
California Civil Code Section 1793.2

The key provisions of the Song-Beverly Act are found in Civil Code Section 1793.2:

  • Section 1793.2(d)(1): Manufacturers must repair defects that substantially impair use, value, or safety
  • Section 1793.2(d)(2): If manufacturer cannot repair after reasonable attempts, consumer is entitled to replacement or refund
  • Section 1793.2(d)(2)(C): Mileage offset calculation for refunds: (miles before first repair / 120,000) x purchase price
  • Section 1794(c): Civil penalty of up to 2x actual damages for willful violations
  • Section 1794(d): Prevailing consumers recover reasonable attorney fees and costs
Substantial Impairment Standard

To qualify for lemon law protection, the defect must "substantially impair" the vehicle's:

  • Use: The defect prevents you from reliably using the vehicle for its intended purpose (transportation)
  • Value: The defect significantly reduces the vehicle's resale or trade-in value
  • Safety: The defect creates a risk of harm to the driver, passengers, or others on the road
Important: The substantial impairment standard is evaluated from the consumer's perspective, not the manufacturer's. A defect that the manufacturer considers "minor" may still substantially impair the vehicle if it affects your ability to use it safely and reliably.
New Vehicle Coverage

New vehicles purchased or leased in California with a manufacturer's warranty are covered under the Song-Beverly Act. Coverage typically extends for:

  • The express warranty period (usually 3 years/36,000 miles for bumper-to-bumper)
  • Powertrain warranties (often 5 years/60,000 miles or longer)
  • Extended warranties purchased from the manufacturer
Used Vehicle Coverage (Civil Code Section 1795.5)

California extends lemon law protection to certain used vehicles under Civil Code Section 1795.5:

Covered Used Vehicles:
  • Certified pre-owned (CPO) vehicles with manufacturer-backed warranties
  • Used vehicles sold with a manufacturer's express warranty still in effect
  • The defect must arise during the warranty period
  • Dealer-only warranties or third-party service contracts do NOT qualify
Civil Penalty for Willful Violations

California Civil Code Section 1794(c) provides a powerful remedy for manufacturer misconduct:

2x Damages Penalty: If a manufacturer's failure to comply with the Song-Beverly Act is found to be "willful," the court may award a civil penalty of up to two times the actual damages. This can effectively triple your recovery and creates strong settlement leverage.

Examples of willful conduct:
  • Denying a buyback when the vehicle clearly meets lemon law thresholds
  • Unreasonably delaying the buyback process
  • Failing to follow internal lemon law policies
  • Ignoring Technical Service Bulletins (TSBs) during repair attempts
Attorney Fees Provision

Civil Code Section 1794(d) provides that prevailing consumers are entitled to recover reasonable attorney fees and costs. This is critical because:

  • Attorney fees are paid by the manufacturer, not deducted from your recovery
  • Fee exposure often exceeds the buyback amount, creating strong settlement pressure
  • You can pursue your claim through an attorney with little or no out-of-pocket cost
  • Fees continue to accrue if the manufacturer delays or litigates unreasonably

Related California Lemon Law Resources

Qualifying Defects Under California Lemon Law
Safety-Critical Defects (2+ Repair Attempts)

Defects likely to cause death or serious bodily injury require only two repair attempts to trigger lemon law presumption:

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Brake System Failures Complete brake failure, ABS malfunctions, brake fade, unintended brake activation, brake warning lights that cannot be resolved, grinding or pulsation indicating rotor/caliper defects.
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Steering System Defects Loss of power steering, steering wheel lockup, wandering or pulling, electronic power steering failures, steering column defects, tie rod or rack-and-pinion failures.
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Airbag and Restraint Issues Airbag warning lights, failure to deploy in testing, spontaneous deployment, seatbelt pretensioner malfunctions, occupant classification sensor errors.
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Engine Stalling and Sudden Acceleration Engine stalling at speed or in traffic, sudden unintended acceleration, throttle control failures, electronic throttle body defects, fuel delivery failures.
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Transmission Failures Sudden loss of power, failure to shift, slipping between gears, unexpected shifts to neutral, transmission lockup, torque converter shudder causing loss of control.
Non-Safety Defects (4+ Repair Attempts)

Defects that substantially impair use or value require four repair attempts. Common qualifying defects include:

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Engine Performance Issues Persistent check engine lights, misfires, rough idle, hesitation during acceleration, excessive oil consumption, turbocharger failures, timing chain defects.
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Electrical System Failures Battery drain, alternator failures, wiring harness defects, BCM (body control module) failures, intermittent electrical faults, instrument cluster malfunctions.
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HVAC and Climate Control Air conditioning compressor failures, heater core leaks, blend door actuator failures, climate control module defects, excessive cabin noise from HVAC.
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Water Leaks and Sealing Issues Roof leaks, door seal failures, trunk leaks, windshield seal failures, sunroof drainage problems, water intrusion causing electrical damage or mold.
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Suspension and Ride Quality Persistent clunks or rattles, strut/shock failures, control arm bushing failures, wheel bearing noise, alignment issues that cannot be corrected, uneven tire wear.
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Paint and Body Defects Premature paint peeling, bubbling, or oxidation, clear coat failure, panel gaps or misalignment, rust or corrosion, body flex or creaking.
Defects That May NOT Qualify
Common Exclusions:
  • Normal wear items: Brake pads, tires, wiper blades, light bulbs (unless failing prematurely)
  • Minor cosmetic issues: Small scratches, minor rattles, loose trim pieces
  • Problems caused by accidents: Even if poorly repaired by the dealer
  • Modification-related issues: Aftermarket parts, performance tunes, lift kits
  • Abuse or misuse: Off-road damage to non-off-road vehicles, racing, lack of maintenance
  • Issues with dealer-installed accessories: Unless the manufacturer is responsible
The 30-Day Out-of-Service Rule

Even if you don't meet the repair attempt thresholds, you may qualify for lemon law protection if your vehicle has been out of service for repair of warranty defects for 30 or more cumulative days:

Calculating Out-of-Service Days:
  • Count all days from drop-off to pickup for warranty repairs
  • Include time waiting for parts or diagnosis
  • Days need not be consecutive - cumulative total counts
  • Include time for multiple different defects, not just one issue
  • Weekends and holidays count if the vehicle was at the dealer
Technical Service Bulletins (TSBs)

Technical Service Bulletins are manufacturer communications to dealers about known defects and repair procedures. TSBs strengthen your case because:

  • They prove the manufacturer knew about the defect
  • They show the defect affects multiple vehicles (not just yours)
  • Dealers who ignore TSBs may not be making proper repair attempts
  • TSBs often reveal that problems are more serious than dealers admit
Finding TSBs: Search the NHTSA database (nhtsa.gov) for recalls and TSBs related to your vehicle. You can also request TSB information from the dealer or search manufacturer forums where technicians discuss common problems.
Writing Your California Lemon Law Demand Letter
Step 1: Gather Your Documentation

Before writing your demand letter, collect all supporting evidence:

  • Purchase Contract/Buyer's Order: Shows purchase price, taxes, fees, trade-in, financing
  • All Repair Orders: Every service visit, even for unrelated issues
  • Warranty Booklet: Establishes what's covered and warranty duration
  • Photos/Videos: Visual evidence of the defect, dashboard warnings, etc.
  • Correspondence: Emails, texts, letters with dealer and manufacturer
  • Rental/Towing Receipts: Documentation of incidental expenses
Step 2: Create a Repair Timeline

Organize your repair history in a clear, chronological table:

Date Mileage Days Out Complaint Dealer Action Resolved?
03/15/2024 1,847 3 Engine stalls at idle Reflashed ECU No
04/22/2024 3,201 5 Stalling continues Replaced throttle body No
05/30/2024 4,592 7 Stalling worse Replaced fuel pump No
07/08/2024 6,018 12 Now stalling at speed Awaiting engineering No
Step 3: Essential Letter Components
Component What to Include
Header Information Your name, address, phone, email; manufacturer's customer relations address
Vehicle Identification Year, make, model, VIN, purchase date, purchase price, dealership name
Statement of Claim Clear statement that this is a demand under the Song-Beverly Consumer Warranty Act
Defect Description Specific description of the defect and how it impairs use, value, or safety
Repair History Chronological list of all repair attempts with dates, mileage, and outcomes
Presumption Statement State which threshold you meet (2+ safety repairs, 4+ non-safety repairs, or 30+ days)
Buyback Calculation Purchase price minus mileage offset = demanded refund amount
Deadline Typically 15-30 days for manufacturer to respond
Preservation Notice Direct manufacturer to preserve all documents and communications
Step 4: Calculate Your Buyback Amount

The Song-Beverly Act requires a specific refund calculation:

Buyback Formula:

Refund = Purchase Price - Mileage Offset

Mileage Offset = (Miles Before First Repair Attempt / 120,000) x Purchase Price

Example: You bought a car for $40,000 and had 2,400 miles on it before the first repair attempt.
Mileage Offset = (2,400 / 120,000) x $40,000 = $800
Your Refund = $40,000 - $800 = $39,200

Purchase Price Includes: Base price, sales tax, license fees, registration, dealer documentation fee, manufacturer options
Purchase Price Excludes: Third-party warranties, aftermarket accessories, dealer-installed items
Step 5: Delivery and Follow-Up
  • Certified Mail, Return Receipt: Provides proof of delivery date
  • Email + Certified Mail: Send both for speed and documentation
  • Keep Copies: Retain copies of everything you send
  • Track Response Deadline: Note when you should expect a response
  • Follow Up: If no response by deadline, send a follow-up letter noting their failure to respond
Common Mistakes to Avoid:
  • Exaggerating the number of repair attempts or days out of service
  • Including emotional language or threats
  • Sending to the wrong address (use manufacturer's legal/customer relations department)
  • Forgetting to include the VIN or essential vehicle information
  • Not keeping copies and proof of delivery
Sample California Lemon Law Demand Letters
Sample 1: New Vehicle - Safety Defect (2+ Repairs)
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] [Manufacturer Name] Customer Relations / Legal Department [Manufacturer Address] RE: SONG-BEVERLY CONSUMER WARRANTY ACT DEMAND - VEHICLE REPURCHASE Vehicle: [Year Make Model] VIN: [17-Digit VIN] Purchase Date: [Date] Purchase Price: $[Amount] Current Mileage: [Mileage] Dear Sir or Madam: I am writing to formally demand repurchase of the above-referenced vehicle pursuant to California's Song-Beverly Consumer Warranty Act, Civil Code Sections 1790-1795.8. DEFECT DESCRIPTION: The vehicle suffers from a defect in the braking system that is likely to cause death or serious bodily injury. Specifically, the brakes intermittently fail to respond when the brake pedal is depressed, causing delayed stopping and near-collision incidents. This defect substantially impairs the vehicle's safety and makes it dangerous to drive. REPAIR HISTORY: I have presented the vehicle to your authorized dealership for repair of this safety defect on the following occasions: 1. [Date] - [Mileage] miles - Dealer replaced brake pads and rotors, bled brake lines. Problem not resolved. 2. [Date] - [Mileage] miles - Dealer replaced brake master cylinder and ABS module. Problem not resolved. 3. [Date] - [Mileage] miles - Dealer reported "cannot duplicate" but replaced brake booster. Defect persists. The vehicle has been out of service for a total of [XX] days for these repairs. PRESUMPTION OF REASONABLE REPAIR ATTEMPTS: Under California Civil Code Section 1793.2(e)(3), a vehicle is presumed to be a lemon when a defect likely to cause death or serious bodily injury has been subject to two or more repair attempts. This vehicle has had THREE repair attempts for a life-threatening brake defect, well exceeding the statutory presumption. DEMAND FOR REPURCHASE: Pursuant to Civil Code Section 1793.2(d)(2), I demand that you immediately repurchase this vehicle. My calculation of the refund amount is as follows: Purchase Price (including tax, license, fees): $[Amount] Miles at First Repair Attempt: [Mileage] Mileage Offset: ([Mileage] / 120,000) x $[Price] = $[Offset] Net Refund Demanded: $[Purchase Price - Offset] In addition, I demand: - Payoff of my loan balance of approximately $[Amount] held by [Lender] - Reimbursement of incidental damages: rental car ($[Amount]), towing ($[Amount]) - Reasonable attorney fees and costs pursuant to Civil Code Section 1794(d) CIVIL PENALTY WARNING: If your failure to repurchase this vehicle is found to be willful, I am entitled to a civil penalty of up to two times my actual damages pursuant to Civil Code Section 1794(c). PRESERVATION OF EVIDENCE: You are directed to immediately preserve all documents, repair records, technical service bulletins, internal communications, and other materials related to this vehicle (VIN: [VIN]) and the brake defect described herein. Please respond in writing within 15 business days with your commitment to repurchase this vehicle. If I do not receive a satisfactory response, I will pursue all available legal remedies. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Repair orders (all) - Purchase contract - Photos of brake warning lights
Sample 2: New Vehicle - Non-Safety Defect (4+ Repairs)
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] [Manufacturer Name] Customer Relations Department [Manufacturer Address] RE: DEMAND FOR VEHICLE REPURCHASE - Song-Beverly Consumer Warranty Act Vehicle: [Year Make Model] VIN: [17-Digit VIN] Purchase Date: [Date] Dealership: [Dealer Name] Dear Sir or Madam: This letter constitutes formal notice and demand under California's Song-Beverly Consumer Warranty Act (Civil Code Sections 1790-1795.8) for repurchase of the above-referenced vehicle due to your inability to repair a substantial defect. SUBSTANTIAL DEFECT: The vehicle suffers from chronic engine misfiring and rough idle that substantially impairs its use and value. The check engine light illuminates repeatedly, the engine runs rough and vibrates excessively, and the vehicle hesitates during acceleration. This defect makes the vehicle unreliable for daily transportation. REPAIR ATTEMPT HISTORY: | Date | Mileage | Days O/S | Customer Complaint | Dealer Action | |------------|---------|----------|--------------------------------|----------------------------------| | 02/10/2024 | 2,341 | 2 | Check engine light, rough idle | Replaced spark plugs, cleared codes | | 03/18/2024 | 4,872 | 4 | CEL returned, misfire codes | Replaced ignition coils #1, #3 | | 04/25/2024 | 6,203 | 6 | Ongoing misfire, hesitation | Replaced fuel injectors | | 06/02/2024 | 8,491 | 5 | Problem persists, worse now | Replaced PCM, reflashed ECU | | 07/15/2024 | 9,847 | 8 | Still misfiring, runs rough | Awaiting "engineering guidance" | TOTAL REPAIR ATTEMPTS: 5 (same defect) TOTAL DAYS OUT OF SERVICE: 25 days STATUTORY PRESUMPTION: This vehicle meets California's lemon law presumption under Civil Code Section 1793.2(e)(3) because it has been subject to FIVE repair attempts for the same nonconformity - exceeding the four-attempt threshold for non-safety defects. BUYBACK CALCULATION: Purchase Price (with tax, fees): $45,500.00 Sales Tax Paid: $ 4,095.00 License and Registration: $ 385.00 TOTAL: $49,980.00 Miles Before First Repair: 2,341 Mileage Offset: (2,341 / 120,000) x $49,980 = $975.35 NET REFUND DEMANDED: $49,004.65 Plus: - Loan payoff (current balance approximately $42,000) - Rental car expenses: $847.00 - Attorney fees per Civil Code Section 1794(d) RESPONSE DEADLINE: Please respond within 20 business days with your written agreement to repurchase this vehicle on the terms set forth above. Failure to respond or refusal to honor this legitimate claim will result in pursuit of all legal remedies, including the civil penalty for willful violation under Civil Code Section 1794(c). Sincerely, [Your Signature] [Your Printed Name] Enclosures: All repair orders, purchase agreement, loan documentation
Sample 3: Certified Used Vehicle Lemon Law Claim
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] [Manufacturer Name] Certified Pre-Owned Program [Manufacturer Address] RE: LEMON LAW CLAIM - CERTIFIED USED VEHICLE Vehicle: [Year Make Model] VIN: [17-Digit VIN] Purchase Date: [Date] Certification Date: [Date shown on CPO paperwork] Dear Sir or Madam: I purchased the above-referenced certified pre-owned vehicle on [Date] from [Dealer Name]. The vehicle was sold as a [Manufacturer]-Certified Pre-Owned vehicle with your manufacturer-backed warranty. Pursuant to California Civil Code Section 1795.5, I am entitled to the protections of the Song-Beverly Consumer Warranty Act. VEHICLE PURCHASE DETAILS: Purchase Price: $[Amount] Mileage at Purchase: [Mileage] Manufacturer Warranty: [Describe coverage - e.g., "Certified Pre-Owned Powertrain Warranty to 100,000 miles"] DEFECT AND REPAIR HISTORY: The vehicle has a persistent transmission defect causing harsh shifting, slipping between gears, and shuddering during acceleration. This defect substantially impairs the vehicle's use and value. Repair attempts since my purchase: 1. [Date] at [Mileage] miles - Transmission fluid flush, adaptive learning reset - NOT RESOLVED 2. [Date] at [Mileage] miles - Replaced torque converter - NOT RESOLVED 3. [Date] at [Mileage] miles - Replaced transmission valve body - NOT RESOLVED 4. [Date] at [Mileage] miles - Dealer says "within spec" but problem persists - NOT RESOLVED Total repair attempts: 4 Total days out of service: [XX] days CERTIFIED USED VEHICLE LEMON LAW COVERAGE: California Civil Code Section 1795.5 extends lemon law protection to used vehicles sold with a manufacturer's express warranty. This vehicle qualifies because: 1. It was sold as a manufacturer-certified used vehicle 2. It carries your manufacturer-backed CPO warranty 3. The defect arose during the warranty period 4. You have had a reasonable number of opportunities to repair DEMAND: I demand repurchase of this vehicle for the full purchase price of $[Amount], less the mileage offset calculated from the date of my purchase. Mileage at my purchase: [Purchase Mileage] Mileage at first repair: [First Repair Mileage] Miles I drove before first repair: [Difference] Mileage Offset: ([Miles before first repair] / 120,000) x $[Purchase Price] = $[Offset] Net Refund: $[Purchase Price - Offset] Please respond within 15 business days to arrange the repurchase. Sincerely, [Your Signature] [Your Printed Name] Enclosures: CPO paperwork, purchase agreement, all repair orders
Sample 4: 30-Day Out-of-Service Claim
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] [Manufacturer Name] Customer Relations Department [Manufacturer Address] RE: LEMON LAW DEMAND - 30+ DAYS OUT OF SERVICE Vehicle: [Year Make Model] VIN: [17-Digit VIN] Dear Sir or Madam: Pursuant to California Civil Code Section 1793.2, I demand repurchase of the above-referenced vehicle, which has been out of service for warranty repairs for more than 30 cumulative days. OUT-OF-SERVICE CALCULATION: | Repair Visit | Drop-Off | Pick-Up | Days Out of Service | |--------------------|-------------|-------------|---------------------| | Transmission issue | 02/15/2024 | 02/22/2024 | 7 days | | Electrical problem | 03/10/2024 | 03/19/2024 | 9 days | | A/C compressor | 04/05/2024 | 04/12/2024 | 7 days | | Check engine light | 05/20/2024 | 05/31/2024 | 11 days | | Multiple issues | 07/01/2024 | 07/09/2024 | 8 days | TOTAL DAYS OUT OF SERVICE: 42 DAYS Under California Civil Code Section 1793.2(e)(3), a vehicle is presumed to be a lemon when it has been out of service for repair of warranty defects for a cumulative total of more than 30 calendar days. This vehicle has been out of service for 42 days - 12 days beyond the statutory threshold. These repair visits were for multiple warranty defects, all of which should have been repaired promptly. The cumulative effect of these repairs has substantially impaired my use of this vehicle and its value. DEMAND: I demand immediate repurchase of this vehicle pursuant to Civil Code Section 1793.2(d)(2), including: - Refund of purchase price less mileage offset - Payoff of loan balance - Reimbursement of rental car costs ($[Amount]) - Attorney fees and costs Please respond within 15 business days. Sincerely, [Your Signature] [Your Printed Name]

Additional Demand Letter Resources

Arbitration & Litigation Options
Manufacturer Arbitration Programs

Many manufacturers sponsor arbitration programs as an alternative to litigation. California has certified certain programs as meeting state standards:

Key Points About Manufacturer Arbitration:
  • You're NOT bound by the decision: If the arbitrator rules against you, you can still file a lawsuit
  • Manufacturers ARE bound: If the arbitrator orders a buyback, the manufacturer must comply
  • Faster than litigation: Typical timeline is 40-60 days from filing
  • Less formal: Relaxed evidence rules, no discovery, in-person or document-only hearings
  • Free to consumer: Manufacturer pays arbitration costs
Should You Use Arbitration?
Arbitration May Be Good If... Skip Arbitration If...
Your case is straightforward (clear presumption met) Manufacturer will dispute substantial impairment
You have excellent documentation You need discovery to prove your case
You want faster resolution You're seeking civil penalties for willful violation
You're comfortable self-representing Complex facts require expert testimony
Manufacturer has good arbitration track record You already have attorney representation
Warning: Arbitration creates a record that can complicate later litigation. If the arbitrator finds against you on certain issues, the manufacturer may use those findings in court. Consult an attorney before entering arbitration if your case has any complications.
Filing a Lawsuit

If arbitration is not required or you prefer litigation, you can file a lawsuit in California Superior Court:

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Small Claims Court (up to $10,000) For smaller claims, you can file in small claims court. No attorney required, simplified procedures, but limited recovery and no attorney fee award.
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Unlimited Civil Court (over $10,000) For full buyback claims, file in unlimited civil court. Attorney representation recommended. Full discovery, depositions, and trial. Attorney fees recoverable under Civil Code Section 1794(d).
Litigation Timeline
Stage Typical Timeline
Complaint filed and served Day 1
Manufacturer files answer 30 days
Written discovery (interrogatories, document requests) 2-4 months
Depositions 4-6 months
Expert disclosure and reports 6-8 months
Mediation/Settlement conference 8-10 months
Trial (if case doesn't settle) 12-18 months
Settlement Reality: The vast majority of lemon law cases (over 90%) settle before trial. Once manufacturers face discovery costs and mounting attorney fee exposure, settlement becomes economically rational. Most cases settle within 4-8 months of filing.
Civil Penalties for Willful Violations

California Civil Code Section 1794(c) provides for civil penalties when a manufacturer's violation is "willful":

Up to 2x Actual Damages: Courts may award a civil penalty of up to two times the buyer's actual damages if the manufacturer's failure to comply was willful.

Factors courts consider:
  • Did manufacturer have internal policies requiring buyback that it ignored?
  • Did manufacturer know about the defect (TSBs, recalls) but deny the claim?
  • Did manufacturer unreasonably delay the buyback process?
  • Did manufacturer make lowball offers knowing the claim was valid?
  • Was the consumer represented by counsel when manufacturer refused settlement?
Statute of Limitations

You must file your lemon law claim within the applicable statute of limitations:

  • Song-Beverly Act: 4 years from the date you discovered or should have discovered the defect
  • Magnuson-Moss (federal): 4 years
  • Practical advice: File sooner rather than later - evidence becomes stale and memories fade
Federal Magnuson-Moss Warranty Act

In addition to California's Song-Beverly Act, you may have claims under the federal Magnuson-Moss Warranty Act (15 U.S.C. Section 2301 et seq.):

When to Use Magnuson-Moss:
  • Your vehicle is outside California's 18-month/18,000-mile presumption but still under warranty
  • You purchased out of state but live in California
  • You want to pursue claims in federal court
  • State law claims are time-barred but federal claims remain viable
Magnuson-Moss also provides for attorney fee recovery, creating similar settlement leverage.
Attorney Services
Need Help With Your California Lemon Law Claim?

I represent consumers throughout California in lemon law cases. From demand letters to arbitration to litigation, I handle the entire process so you can focus on getting a vehicle that works.

How I Can Help
  • Case Evaluation: I review your repair history and documents to assess claim strength and identify the best legal strategy
  • Demand Letter Drafting: I prepare comprehensive statutory demand letters that create maximum settlement pressure
  • Manufacturer Negotiation: I handle all communications with the manufacturer's legal team to pursue full buyback
  • Arbitration Representation: If arbitration is required, I prepare your case and represent you at the hearing
  • Litigation: I file lawsuits in California Superior Court and take cases through trial when necessary
  • Civil Penalty Claims: I pursue the 2x penalty for willful violations when manufacturer conduct warrants it
Fee Structure
Contingency Fee Representation:

For strong lemon law cases (clear presumption met, good documentation), I typically work on contingency. You pay nothing upfront, and my fee is recovered from the manufacturer's attorney fee payment under Civil Code Section 1794(d).

This means:
  • No out-of-pocket cost to you
  • My interests align with yours - I only get paid if you win
  • Manufacturer pays my fees separately from your buyback
  • You receive your full buyback amount without deduction for legal fees
What Makes a Strong Case
  • Vehicle meets or exceeds presumption thresholds (4+ repairs, 2+ for safety, 30+ days)
  • Complete repair documentation with consistent complaint descriptions
  • Defect clearly substantial (safety issue, engine/transmission, leaves you stranded)
  • No vehicle modifications or abuse issues
  • Still within warranty period or shortly after
  • Manufacturer already denied claim or made lowball offer (shows willfulness)
When to Contact an Attorney

Consider consulting a lemon law attorney if:

  • You've met the presumption thresholds and want to maximize your recovery
  • The manufacturer denied your claim or made an inadequate offer
  • Your case has complications (modifications, accidents, documentation gaps)
  • You're not sure whether your defect qualifies as "substantial"
  • You want representation in arbitration or litigation
  • The manufacturer is dragging out the process or refusing to respond
Schedule a Consultation

Book a call to discuss your lemon law case. I'll review your situation, explain your options, and advise on the best strategy for maximum recovery.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
With attorney representation, most cases settle within 60-120 days of the demand letter. If arbitration is required, add 60-90 days. If litigation is necessary, expect 6-12 months from filing to resolution, though most settle before trial. The attorney fee provision creates strong incentive for manufacturers to settle promptly.
For strong cases, no. California's lemon law provides that prevailing consumers recover attorney fees from the manufacturer. I typically work on contingency, meaning you pay nothing upfront and my fee is paid by the manufacturer as part of the settlement or judgment. You receive your full buyback amount without deduction for legal fees.
"Cannot duplicate" or "no problem found" repair orders can actually help your case. They show the dealer had an opportunity to repair but couldn't identify or fix the issue. If you keep bringing the car back for the same complaint and the dealer keeps saying they can't find the problem, that builds your case rather than weakening it.
Yes. In addition to the buyback (purchase price minus mileage offset), you can recover: (1) incidental damages like rental cars and towing; (2) consequential damages like lost wages or medical expenses in serious cases; (3) a civil penalty of up to 2x your actual damages if the manufacturer's conduct was willful; and (4) attorney fees and costs paid by the manufacturer.
What matters is how many miles you drove BEFORE the first repair attempt, not current mileage. The mileage offset is calculated as (miles before first repair / 120,000) x purchase price. If the defect appeared early (low miles before first repair), your offset is minimal. You can continue driving the car while pursuing your claim without significantly affecting your recovery.
For financed vehicles, the manufacturer pays off your remaining loan balance directly. You receive the difference between the buyback amount and the loan payoff as cash. For leased vehicles, the manufacturer makes you whole for all payments made, and you're released from remaining lease obligations and residual value. Either way, you walk away debt-free with money in your pocket.

Related Legal Resources

Ready to Pursue Your Lemon Law Claim?

If your vehicle has been in the shop repeatedly for the same problem, you may have a strong lemon law case. Contact me for a free case evaluation to understand your rights and options under California's Song-Beverly Consumer Warranty Act.

Contact for Free Evaluation

California Lemon Law: Your Rights Under the Song-Beverly Act

California's Song-Beverly Consumer Warranty Act provides some of the strongest consumer protections in the nation for vehicle buyers. When a manufacturer cannot repair a substantial defect after a reasonable number of attempts, you are entitled to a refund or replacement vehicle. The law applies to both new vehicles and certified pre-owned vehicles with manufacturer warranties.

Key Protections for California Vehicle Buyers

The Lemon Law Buyback Process

When you qualify for a lemon law buyback, the manufacturer must refund your purchase price (minus a mileage offset), pay off your loan, and reimburse incidental costs like rental cars. The mileage offset is calculated based on miles driven before the first repair attempt, not total miles. This means you can continue using your vehicle during the claim process without significantly reducing your recovery.