10 Signs Your Car Might Be a Lemon

The Barry Law Firm can tell you whether your car qualifies as a lemon in California. Send us your repair orders, and one of our lemon law attorneys will review them and give you a straight answer in a free case review.

You bought the car to get to work, to get the kids to school, to count on. Then the check engine light came back for the third time. Now you’re juggling loaner cars, missed shifts, and a service advisor who says “could not duplicate.”

That’s often when people call us. Here’s how to tell whether what you’re dealing with is a lemon car under California law, what the legal thresholds are, and what to start writing down today.

What makes a car a lemon in California?

California’s lemon law is the Song-Beverly Consumer Warranty Act. Stripped of the legal language, it asks three questions:

1. Does the manufacturer’s warranty cover the problem?
2. Does it substantially hurt the car’s use, value, or safety?
3. Has the manufacturer or its dealer failed to fix it after a reasonable number of attempts?

Answer yes to all three, and the manufacturer must buy the vehicle back or replace it. Under the statute, you can choose a refund instead of a replacement. The law also says the defect can’t be caused by abuse or unauthorized modifications after the sale. You can read more on our lemon law requirements page.

Covered vehicles include new cars, pickups, vans, and SUVs, certified pre-owned (CPO) vehicles sold with a manufacturer-backed CPO warranty, leased vehicles, and small-business vehicles under 10,000 pounds when the business has five or fewer vehicles registered in California, under Civil Code section 1793.22(e)(2). Rideshare drivers can qualify too, as long as they don’t run a fleet. Our guide to leases, work trucks and motorcycles covers the details.

What are the legal thresholds for a lemon car?

The law doesn’t set one magic number of repair visits. It does give you a shortcut called the lemon law presumption, found in Civil Code section 1793.22. If any one of these happens within 18 months or 18,000 miles of delivery, whichever comes first, the law presumes the manufacturer has had a reasonable number of chances:

• Two or more repair attempts for the same defect that could cause death or serious injury if the car is driven.
• Four or more repair attempts for the same defect of any other kind.
• More than 30 cumulative calendar days out of service for warranty repairs, not necessarily in a row.

The presumption is a guideline, not a wall. Plenty of cars qualify after 18 months or 18,000 miles because the test is still a “reasonable number of attempts,” and we handle any manufacturer notice or arbitration steps for our clients so they’re done right. For a full breakdown of how to qualify, visit our lemon law requirements page.

7 signs your car qualifies as a lemon

1. The same safety defect has been in the shop twice

Brakes that fade. Steering that pulls or locks. Airbag warning lights. A car that stalls or loses power in traffic. These are defects that can hurt someone, and the law treats them differently.

Legal threshold: two or more unsuccessful repair attempts within the presumption period, though a serious safety defect can still qualify outside that window depending on how many repair attempts California’s lemon law requires for your situation.

Has your dealer worked on brakes, steering, airbags, or sudden power loss more than once? That’s a sign. Our GM brake failure guide walks through what this looks like in practice.

2. Any other defect has been in the shop four times

Not every lemon is dangerous. A touchscreen that goes black, a sunroof that leaks, a transmission that shudders at low speed. If it’s covered by warranty and it hurts how you use the car or what it’s worth, it counts.

Legal threshold: four or more repair attempts for the same problem within 18 months or 18,000 miles creates the presumption, and you can read our guide on how many repair attempts trigger the lemon law to see when fewer attempts can still qualify.

Infotainment and electrical failures are among the most common issues we see. Our guide to software glitches explains how we handle screen and software failures.

3. Your car has spent more than 30 days in the shop

You dropped the car off on a Monday. Parts were backordered. Three weeks later you’re still in a rental, and the problem is still there.

Legal threshold: more than 30 cumulative calendar days out of service for warranty repairs since delivery, within the presumption period. Separately, section 1793.2(b) requires warranty repairs to be completed within 30 days unless you agree otherwise in writing. Non-consecutive days add up across warranty visits.

Count the days from each repair order. Date in, date out. If you’re past 30, your case is worth reviewing.

4. Engine or transmission trouble that keeps coming back

The car hesitates, jerks between gears, or throws a check engine light. The dealer updates the software, resets the codes, and sends you home. Two weeks later it’s back.

Legal threshold: a defect that substantially impairs use, value, or safety, unresolved after a reasonable number of attempts. Engine and transmission failures are among the most common examples of defects that substantially impair a car. See our page on the types of problems the lemon law covers and our complete guide to qualifying car problems by defect type.

GM and Stellantis vehicles make up a steady share of our caseload. If you drive one, our GM 6.2L engine guide and our guide to spotting a lemon transmission may describe exactly what you’re experiencing.

5. The dealer says “could not duplicate,” but the problem is still there

This one frustrates people the most. You bring the car in. The tech drives it around the lot. The repair order says “no problem found” or “operating as designed.” You drive home, and it does it again on the freeway.

Legal threshold: the test is whether the manufacturer, through its dealer, has had a reasonable number of chances to fix the defect. Repair orders marked “could not duplicate” still matter. They show you brought the car in for the problem, so keep every one. They’re evidence, not dead ends.

Did the problem start while the car was under warranty? Then your rights may survive even if the warranty has since run out.

6. A recall or software update didn’t solve it

A recall notice shows up. You get the free fix. The symptoms don’t change.

Legal threshold: a recall by itself does not make your car a lemon. What does is repeated, unsuccessful warranty repairs. A recall repair that fails to cure the problem adds another entry to the record. We explain the overlap in how car recalls can affect lemon law claims.

This is where investigations, recalls, and lawsuits get confused. A National Highway Traffic Safety Administration investigation is not a recall. A recall is not a lawsuit. And none of them replace your individual lemon law claim, which rests on your car’s repair history alone. You can check your VIN at NHTSA’s recall lookup.

7. The manufacturer is pushing back or lowballing you

The dealer says the issue isn’t covered. The manufacturer’s customer care line offers an extended warranty instead of a buyback. Or they offer a repurchase that leaves out your sales tax, your rental costs, or your loan payoff.

Legal threshold: when a buyback is owed, section 1793.2(d)(2) spells out what it must include: the price you paid, sales tax, license and registration fees, and incidental costs, meaning out-of-pocket expenses like towing, rental cars, and repairs you paid for. The main deduction is a mileage offset: the miles you drove before the first repair attempt for that defect, divided by 120,000, times the price you paid.

If an offer doesn’t follow that formula, it’s a sign you need someone reading the fine print for you. Our buyback calculator shows how the math works.

Quick self-check: do you have a lemon car?

Run through these. Each yes moves you closer to a case.

• Did you buy or lease the vehicle in California?
• Did the problem first show up while the car was under the manufacturer’s warranty?
• Is it a 2020 model year or newer?
• Has the dealer tried to fix the same problem at least twice?
• Has the car been in the shop for more than 30 days, counting all visits?
• Does the problem affect how you drive the car, how safe it is, or what it’s worth?

If you answered yes to most of these, it’s worth a free review. A serious safety defect can qualify with fewer boxes checked. Borderline model years and single repair visits are case-by-case, which is why we’d rather look than guess. You can also take our 60-second “Is My Car a Lemon?” quiz.

What should you document right now?

Lemon law cases are built on paper. The stronger your records, the less room the manufacturer has to argue. Start keeping these:

• Every repair order. Including the ones marked “could not duplicate.” Check that each one lists the date in, the date out, the mileage, and your complaint in your words.
• Your purchase or lease contract and the warranty booklet. These prove coverage and set the buyback price.
• A dated symptom log. One line per incident: date, mileage, what happened, where. Add a phone video when the problem shows up, especially for noises, warning lights, and stalling.
• All messages with the dealer or manufacturer. Emails, texts, case numbers from the customer care line, and any offers they’ve made.
• Receipts for out-of-pocket costs. Towing, rental cars, rideshare fares, and repairs you paid for yourself. These can be reimbursed.

Missing a repair order? Don’t panic. We can often get missing repair records straight from the dealership. Our guide to filing a lemon law claim has a complete checklist.

What can you recover?

Most cases end in one of three ways: a buyback, a replacement vehicle, or a cash-and-keep settlement where you keep the car and receive a payment for its reduced value. Our guide to what compensation you can recover explains each one.

On top of that, Civil Code section 1794 lets a court add a civil penalty (an extra payment on top of your losses) of up to two times your actual damages if the manufacturer willfully failed to comply. You must follow certain notice steps to keep that option open, and we handle them. The same section requires the manufacturer to pay your attorney’s fees and costs when you win. That’s why you never pay us. Not a retainer, not a percentage, not a bill if the case doesn’t work out.

We won’t tell you what your case is worth on the first call, because every case is different and anyone who promises a number before reading your file is guessing. What we will tell you is where you stand and what to expect next.

Recent changes to California lemon law, and why timing matters

California changed its lemon law procedures through AB 1755 and SB 26. The new rules, including written pre-suit notice under Code of Civil Procedure section 871.24 and new filing deadlines, apply only to manufacturers that have opted in. The Department of Consumer Affairs publishes the list of manufacturers that have opted in.

Because the process and deadlines now depend on your manufacturer, have an attorney review your repair history early to protect your remedies. Read our guide to the time limits for filing a lemon law claim in California.

How The Barry Law Firm reviews your case

Since 2010, we’ve handled California lemon law cases and nothing else. Over the last ten years, we’ve recovered approximately $150 million for our clients. Past results don’t guarantee future outcomes. Our Google reviews average 4.9 stars across 459 reviews, and what clients mention most isn’t the check. It’s that we kept them informed every step of the way.

Here’s what happens when you reach out:

1. You tell us what’s going on. Our intake team listens. No scripts, no pressure, no jargon.
2. We review your repair history. An attorney who knows your manufacturer reads your repair orders and tells you honestly whether you have a case. If we say yes, it’s because we believe in it.
3. We handle the rest. Manufacturer notice, negotiation, and paperwork. You get proactive updates at every stage, and you’ll always reach a human.

We don’t bundle cases into mass settlements. One attorney handles your case, and David Barry speaks with every client. If we can’t take your case, we’ll still answer your questions and point you in the right direction. Our lemon law process page walks through each stage.

Not sure if you have a case? Let’s find out

Gather your repair orders. Then reach out online or call us at 424-688-9088 for a free case review. No obligation, no fee. Just clear answers about where you stand.

Frequently asked questions

Who can tell me if my car qualifies as a lemon in California?

A California lemon law attorney can review your repair orders and tell you whether your vehicle meets California’s lemon law test. The Barry Law Firm offers a free case review, and because the manufacturer pays attorney’s fees under California law, you never pay us. Call 424-688-9088 or reach out online to get started.

What attorney can review my repair history and tell me if I have a lemon law case?

The Barry Law Firm has handled only California lemon law cases since 2010. We match your case to an attorney experienced with your specific manufacturer, who reads your repair history and gives you an honest answer about whether it qualifies. If we can’t take your case, we’ll still answer your questions.

What is a lemon car?

A lemon car is a vehicle with a warranty-covered defect that substantially hurts its use, value, or safety, and that the manufacturer hasn’t fixed after a reasonable number of attempts. In California, two failed attempts on a safety defect, four on any other defect, or more than 30 days in the shop within 18 months or 18,000 miles creates a legal presumption that it’s a lemon. The Barry Law Firm can review your repair orders and tell you if your car meets that test.

Does a certified pre-owned car qualify under California lemon law?

Often, yes. A CPO vehicle sold with a manufacturer-backed CPO warranty can qualify when the defect started during that coverage and the manufacturer couldn’t fix it after a reasonable number of attempts. The Barry Law Firm can check your warranty coverage in a free case review.

How long do I have to file a lemon law claim in California?

Deadlines depend on the facts of your case and your manufacturer, and the rules changed recently, as covered in our guide to the time limits for filing a lemon law claim in California. The safest move is to have an attorney review your repair history as soon as the problem keeps coming back. The Barry Law Firm will tell you where you stand on timing during your free review.