Defective Vehicles, Appliances, and Song-Beverly Protections
California's Lemon Law is part of the Song-Beverly Consumer Warranty Act, codified in California Civil Code Sections 1793.2-1793.26. The law protects buyers and lessees of new and used vehicles that are sold or leased with a manufacturer's warranty and have substantial defects that cannot be repaired after a reasonable number of attempts.
Covered vehicles include:
Used vehicles are covered if sold with the manufacturer's warranty still in effect or if sold with a dealer's express warranty. The defect must substantially impair the vehicle's use, value, or safety. Minor issues like rattles or squeaks typically don't qualify unless they affect safety. The protection period is generally 18 months from delivery or 18,000 miles, whichever comes first, though warranty coverage may extend longer.
California Civil Code Section 1793.22 establishes a legal presumption that a vehicle is a lemon when certain thresholds are met during the warranty period. The presumption applies if:
Meeting these thresholds creates a rebuttable presumption that the manufacturer has had a reasonable number of repair attempts. This means the burden shifts to the manufacturer to prove the repairs were adequate or that the problem doesn't substantially impair the vehicle.
However, you don't necessarily have to meet these exact thresholds to have a valid lemon law claim. If you can prove the defect substantially impairs the vehicle and the manufacturer has had reasonable opportunity to repair it, you may still prevail even with fewer repair attempts. Keep detailed records of every repair visit including dates, mileage, descriptions of problems, and time the vehicle was out of service.
If your vehicle qualifies as a lemon under California law, you have the right to choose between a replacement vehicle or a refund (buyback). Under Civil Code Section 1793.2(d):
For a replacement: The manufacturer must provide a new vehicle of the same make and model, or a comparable vehicle if the same model is unavailable, and must reimburse you for incidental costs such as towing, rental car expenses, and registration fees.
For a buyback: The manufacturer must refund the full purchase price including the down payment, all monthly payments made, registration fees, finance charges incurred, and incidental costs. The manufacturer may deduct a reasonable offset for use, calculated by multiplying the purchase price by a fraction: the number of miles driven before the first repair attempt for the defect divided by 120,000.
Under Civil Code Section 1794, you're also entitled to recover your attorney's fees if you prevail, making it feasible to hire experienced lemon law attorneys who often work on contingency. For willful violations, you can receive civil penalties up to two times your actual damages. The manufacturer must also pay off any remaining loan balance.
California Lemon Law does protect buyers of used and certified pre-owned vehicles under certain conditions. Under Civil Code Section 1795.5, used vehicles are covered if they are sold with the manufacturer's original warranty still in effect, or if the dealer provides an express written warranty.
Certified Pre-Owned (CPO) vehicles typically come with extended manufacturer warranties, making them clearly covered by the Lemon Law. The key requirement is that an express warranty must be in place at the time of sale.
If you purchase a used vehicle sold completely "as-is" with no warranty, the Lemon Law protections generally do not apply, although you may still have remedies under other consumer protection statutes if fraud was involved.
For used vehicles with warranties, the same general principles apply: the defect must substantially impair the vehicle's use, value, or safety, and the manufacturer or dealer must be given a reasonable opportunity to repair. However, the specific presumptions in Civil Code Section 1793.22 (four repair attempts, 30 days out of service) apply only during the first 18 months or 18,000 miles of original ownership, which may have already passed for used vehicles. You can still prove a lemon law violation without meeting those presumptions.
California's Song-Beverly Consumer Warranty Act provides lemon law protections for both vehicles and other consumer goods, but the specific provisions differ.
For vehicles: Civil Code Sections 1793.2 and 1793.22 provide specific presumptions about when a vehicle qualifies as a lemon (four repair attempts, 30 days out of service, two attempts for safety defects) and specific remedies including replacement or buyback with a mileage offset.
For other consumer goods like appliances, electronics, furniture, and other products sold with warranties, the general Song-Beverly provisions in Civil Code Section 1793.2 apply. The manufacturer must repair the product to conform to the warranty, and if unable to do so after a reasonable number of attempts, must replace the product or refund the purchase price at the buyer's option.
There is no specific presumption about what constitutes a "reasonable number of repair attempts" for non-vehicle goods, so this determination is more flexible and depends on the nature of the product and the defect. Attorney's fees are recoverable for prevailing buyers under both vehicle and general consumer goods provisions, and willful violations can result in civil penalties up to twice the damages.
To start a California Lemon Law claim, follow these steps to protect your rights and build a strong case:
First, document everything meticulously. Keep all repair orders, invoices, and correspondence with the dealer and manufacturer. Note the date of each repair visit, the problems reported, the mileage, the days the vehicle was out of service, and what repairs were attempted. Take photos or videos of defects when possible.
Second, continue presenting the vehicle for repair to give the manufacturer reasonable opportunity to fix the problem. Make sure you report the same defect each time to establish a pattern of unsuccessful repairs.
Third, send a written demand letter to the manufacturer's customer service department clearly describing the defect, the repair history, and your request for a replacement or refund under the Song-Beverly Consumer Warranty Act.
Fourth, consider using the manufacturer's arbitration program if one exists, though you are not required to do so before filing suit in California.
Fifth, consult with a California lemon law attorney. Most work on contingency and can evaluate whether your case meets the legal requirements. The statute of limitations is four years, so don't delay.
Yes, you can pursue a lemon law claim and receive a refund even if you still have an outstanding auto loan. Under California Civil Code Section 1793.2(d), when the manufacturer provides a buyback, they must pay off your remaining loan balance directly to the lender.
The refund process works as follows: the manufacturer calculates the total refund amount including your down payment, all monthly payments you've made (including any amounts that went to interest), registration fees, and incidental costs, minus the mileage offset. The manufacturer then pays the remaining loan balance to your lender to release the lien on the vehicle.
Any excess amount after paying off the loan goes to you. If you've made payments that exceed the loan payoff amount, you'll receive the difference.
For leased vehicles, the process is similar. The manufacturer pays the leasing company to terminate the lease and refunds to you any amounts you've paid, minus the usage offset. This includes any down payment, capitalized cost reduction, and monthly payments made.
The fact that you owe money on the vehicle does not prevent you from pursuing lemon law remedies, and in many cases, getting out of a defective vehicle and its associated loan is a significant benefit of the lemon law process.
Yes, California Lemon Law absolutely covers electrical systems and software-related defects in modern vehicles, which have become increasingly common as cars rely more heavily on computer systems. The law covers any defect that substantially impairs the vehicle's use, value, or safety, regardless of whether it's mechanical, electrical, or software-based.
Common covered electrical and software issues include:
Courts have consistently held that these modern technological defects are covered under the Song-Beverly Act. The challenge with software issues is often demonstrating that the problem persists after repair attempts. Keep detailed notes of when problems recur after each attempted fix, and consider taking video evidence of the malfunction.
Beyond vehicles, California's Song-Beverly Consumer Warranty Act covers virtually all consumer products sold with an express warranty for personal, family, or household use. This includes:
Under Civil Code Section 1793.2, if a manufacturer or retailer is unable to repair a warranted product to conform to the applicable warranty after a reasonable number of repair attempts, the consumer may elect to receive a replacement or a refund of the purchase price.
Unlike the vehicle lemon law, there are no specific presumptions about how many repair attempts constitute a "reasonable number" for general consumer goods. Courts consider factors like the nature of the defect, the complexity of the product, the time and inconvenience to the consumer, and whether the problem recurs after repair.
California Lemon Law claims are subject to multiple time limitations that consumers must understand to protect their rights. The statute of limitations for Song-Beverly Consumer Warranty Act claims is four years from the date you discovered or reasonably should have discovered the breach of warranty, as provided in Code of Civil Procedure Section 337. This is generally measured from when the defect first manifested and the manufacturer failed to adequately repair it.
However, there are other important timing considerations:
Don't delay in pursuing a claim. While you have four years, memories fade, documents get lost, and witnesses become unavailable. The sooner you document your case and consult with an attorney, the stronger your claim will be.
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