Is My Car a Lemon? 7 Defects That Qualify Under California Lemon Law

You bought the car because you needed it to work. School runs, the commute, the weekend trips. Then the check engine light came on. The dealer “fixed” it. Two weeks later, same light. Now you’ve lost count of the service visits, you’re paying for a car that lives at the shop, and the service advisor keeps saying they “couldn’t duplicate the concern.”

So you’re asking the question we hear every day: is my car a lemon?

Here’s a plain answer, seven defect types that commonly qualify, and a way to check your own situation before you call anyone.

Is my car a lemon? The short answer

Under California’s Song-Beverly Consumer Warranty Act, your car may be a lemon if a problem covered by the manufacturer’s warranty substantially impairs its use, value, or safety, and the manufacturer (through its dealers) can’t fix it after a reasonable number of attempts. If that’s the case, the manufacturer has to buy the vehicle back or replace it. That’s the whole test. Everything else is detail.

Three quick questions you can answer right now:

• Did the problem start while the vehicle was under the manufacturer’s warranty?
• Has the dealer tried to fix the same problem more than once without success?
• Does the problem affect how you use the car, what it’s worth, or how safe it is?

Three yeses mean it’s worth a conversation. Even one or two means it’s worth keeping your repair orders and watching closely.

What does California law actually require?

The statute uses the word “nonconformity,” which it defines as a defect that “substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.” A rattle in the glovebox won’t get there. A transmission that slams into gear or a car that stalls in traffic is the kind of problem the law is built for.

The law also gives you a shortcut called the Tanner Consumer Protection Act presumption. Within 18 months or 18,000 miles of delivery (whichever comes first), a reasonable number of repair attempts is presumed if any one of these is true, per Civil Code section 1793.22:

• The same defect could cause death or serious injury and has been in for repair two or more times.
• The same defect has been in for repair four or more times.
• The vehicle has been out of service for warranty repairs more than 30 total calendar days.

Two things people miss about that presumption. First, it’s a floor, not a ceiling. Plenty of cars outside 18 months or 18,000 miles still qualify; you just lose the automatic presumption and have to show the repair history was unreasonable on its own. Second, the presumption may require that you notified the manufacturer directly at least once, if the manufacturer told you about that requirement in the warranty booklet or owner’s manual. We check both of these on every intake.

The law covers new and used vehicles sold with a manufacturer’s warranty, leased vehicles, and vehicles bought by small businesses with no more than five vehicles registered in California. We walk through all of this on our lemon law requirements page.

Which 7 defects qualify under California lemon law?

No defect automatically makes a car a lemon, and no defect is automatically excluded. What matters is whether the warranty covers it, whether it’s substantial, and whether the repairs keep failing. That said, the seven categories below come up again and again in the questions we get. Recent recalls and federal investigations show the kinds of problems manufacturers are being forced to fix right now.

Defect type	Warning signs	Recent recalls and investigations	What it means for your claim
1. Engine failure and loss of power	Stalling, knocking, sudden loss of power on the freeway, check engine lights that return after every “repair”	GM 6.2L L87 V8: Recall 25V-274 (April 2025) covered about 597,630 2021–2024 GM vehicles over alleged connecting-rod and crankshaft defects that can cause engine seizure. On August 20, 2026, NHTSA opened investigation EA26005 into 997,743 2021–2026 vehicles with this engine, citing 499 engine-failure complaints filed after the recall.	Owners allege the recall fix didn’t end the problem. If your truck or SUV has gone back for the same engine issue more than once, that repair history is the core of your claim. Signs of engine failure
2. Transmission and drivetrain	Hard shifts, slipping, shuddering, lurching from a stop, limp mode	Recall 26V085: 43,732 2022 GM full-size SUVs with a transmission valve issue that can lock up the rear wheels. Recall 26V289: missing transfer-case oil pickup tubes can cause sudden wheel lock-up, and GM says not to drive affected vehicles until they’re repaired.	We see Chevrolet and Chrysler/FCA vehicles with these complaints all the time. If the shudder or slip comes back after the recall repair, you’re past the recall and into lemon law territory. Spotting a lemon transmission
3. Brakes	Soft pedal, grinding, pulling, brake warning lights, sudden loss of power assist	Investigation EA26006 (August 21, 2026): about 1.16 million 2023–2026 GM vehicles, plus the Acura ZDX and Honda Prologue. It alleges eBoost spindle fractures can knock out brake assist, ABS, stability and traction control after a complete stop. This is an investigation, not a recall, so there’s no universal free repair yet.	Because brake failure can cause serious injury, these defects usually trigger the presumption after two repair attempts instead of four. You don’t have to wait for the investigation to finish, since your warranty rights apply now. GM brake recall guide
4. Steering	Loss of power steering, wandering, clunks, a wheel that locks or pulls	Recall 26V590: 208,724 2018 VW Tiguan, 2018–2019 VW Atlas and 2019–2021 Audi Q3 vehicles with a steering-rack bolt issue. The remedy is a free replacement with a corrosion-resistant bolt.	Steering is a safety defect. If symptoms come back after the recall repair, or no recall covers your problem, what counts is the number of failed repair visits. VW steering bolt recall
5. Electrical and infotainment	Dead batteries in a new car, black screens, backup cameras that cut out, random warning lights	Recalls 26V400, 26V047 and 26V019: Hyundai and Genesis instrument-panel displays that fail because of software errors. Recall 26V248: a microchip fault that can stop 12V charging and cause loss of drive power and exterior lights. No remedy had been defined as of the April 2026 filing.	Recurring electrical failures are not “minor.” A blank instrument cluster means you can’t see your speed. If the dealer has updated the software three times and the screen still dies, that’s a repair history, not a glitch. EV lemon law guide
6. Airbags, seat belts and driver assistance	Airbag lights that won’t clear, seat belts that don’t latch, emergency braking with nothing in front of you	Recall 26V034: 568,576 2020–2025 Palisades with third-row curtain airbags that may deploy improperly. Recall 26V169: 294,128 Hyundai and Genesis vehicles with front seat-belt anchors that may detach. Recall 26V316: 421,078 2025–2026 Santa Cruz and Tucson vehicles that brake unexpectedly because of front-camera software.	These are safety systems, so the safety presumption applies when they fail repeatedly. A recall fix that works ends the problem. One that doesn’t, documented on repair orders, is evidence. Hyundai lemon law
7. Fuel system and fire risk	Fuel smells, leaks, stalling from fuel delivery problems	Recall 26V-578 (Ford 26S69, September 9, 2026): 223,472 2023–2027 F-150s with front fuel-tank straps that may not be seated properly, so the tank can detach while driving. Recall 26V232 (Kia SC368): 141,032 2022–2026 Carnivals with a fuel-leak fire risk, under “Do Not Drive” and “Park Outside” advisories.	A fuel leak can start a fire, so these defects are rarely minor. If the defect keeps coming back, or the truck sits for weeks while the dealer waits on parts, both the repeat-repair path and the 30-day path may apply. F-150 fuel tank recall

Does a recall mean my car is a lemon?

No. A recall alone does not make a vehicle a lemon under California law. A recall is the manufacturer’s free fix for a known defect. Lemon law is about what happens when the fix doesn’t work, or when the dealer can’t perform it for a long stretch. Coverage depends on repeated unsuccessful warranty repairs, not on whether NHTSA issued a campaign number.

A recall still matters to your case. The repair orders from a recall visit become part of your repair history, and we look at every day the car spent at the shop for warranty work. You can check your VIN at NHTSA’s recall lookup. We explain the overlap in how car recalls can affect lemon law claims.

What usually doesn’t qualify?

Honesty is part of how we work, so here’s the other side.

• Problems you caused. Damage from a crash, neglect, or abuse isn’t a manufacturer defect.
• Aftermarket modifications. If a lift kit or tune caused the failure, the warranty likely won’t cover it.
• Normal wear and minor cosmetics. Brake pads, tires, and a tiny trim scuff don’t substantially impair anything. Widespread paint failure under warranty is a different story; see types of problems covered.
• Problems that started after the warranty ended. The defect has to appear during coverage, though you may still have rights if it did and the warranty has since expired.

One more thing. A single visit, with the problem fixed and gone for good, isn’t a lemon. The manufacturer gets a reasonable chance. The law steps in when that chance has been used up.

How to check if your car is a lemon in 5 steps

1. Gather every repair order. Each dealer visit should produce a written order listing your complaint, the mileage in and out, and what was done. If you don’t have them, ask the dealer’s service department for copies.
2. Count the attempts for the same problem. We still count a “could not duplicate” visit when we review your history, so keep that repair order too. Note whether the issue is safety-related.
3. Add up the days. Total every calendar day the car was at the shop for warranty work. Over 30 is a presumption trigger.
4. Confirm the warranty. Check your in-service date and mileage against the bumper-to-bumper and powertrain terms, and note when the defect first appeared.
5. Get a straight answer. Take our Is My Car a Lemon? quiz, or call us at 424-688-9088. We’ll review the history and tell you honestly whether you have a case, even if we don’t take it.

What can you recover?

If the vehicle qualifies, Civil Code section 1793.2(d)(2) gives you the choice between a replacement vehicle and a repurchase, and the manufacturer can’t force you to take the replacement. Repurchase means the price you paid, including transportation and manufacturer-installed options, plus sales tax, license and registration fees, and incidental damages such as towing, rental cars and repair costs.

The manufacturer may deduct a mileage offset for the miles you drove before the first repair visit for the defect: price multiplied by those miles, divided by 120,000. Miles after that first visit don’t count against you. If the manufacturer willfully failed to comply with the law, a civil penalty of up to two times your actual damages can be added. And the manufacturer pays your attorney’s fees, which is why you never pay us.

Some cases resolve as a cash-and-keep settlement, where you keep the car and receive a payment. Which outcome is right depends on your case; we never promise a number. Our buyback calculator shows how the math works.

Why timing matters more than it used to

California changed its lemon law procedures through AB 1755 and SB 26. Manufacturers can now opt into a new process under Code of Civil Procedure sections 871.20 to 871.30, and the Department of Consumer Affairs publishes the list of those that have. For opted-in manufacturers, a written buyback or replacement demand sent at least 30 days before suing gives the manufacturer 30 days to make an offer and 60 days to complete it. New filing deadlines also apply: generally within one year after the warranty expires and no later than six years after you took delivery. Manufacturers we see often, including GM and Stellantis, along with Ford and others, have been publicly reported as opting in.

What that means for you: the paperwork and deadlines are now manufacturer-specific. The sooner we see your repair history, the more options you’re likely to have. We know which process applies to your brand and handle the notice correctly from day one.

How we handle it once you say yes

The Barry Law Firm has practiced only California lemon law since 2010. We’ve recovered approximately $150 million for clients over the last ten years, and clients rate us 4.9 stars across 459 Google reviews, where the most repeated comment is that we kept them informed every step of the way. Past results don’t guarantee future outcomes, and every case is different.

Three things set the experience apart:

• One attorney, matched to your manufacturer. No mass settlements. Your GM case goes to someone who knows GM.
• You’ll always know where you stand. Proactive updates, no jargon, a human on the phone. David Barry speaks with every client.
• We’re selective, and we’re honest. If we say yes to your case, it means we believe in it. If the answer is no, we’ll still tell you what your options are.

Most cases settle without trial. Our lemon law process page walks through each stage and what to expect.

Frequently asked questions

How many repair attempts make a car a lemon in California?

There’s no fixed number. The presumption kicks in at two attempts for a serious safety defect, four for the same non-safety defect, or more than 30 days out of service within 18 months or 18,000 miles, but cases outside those numbers qualify all the time.

Does my used car qualify for lemon law?

Yes, if it was sold with a manufacturer’s warranty still in effect (including certified pre-owned) and the defect appeared during that coverage. See our used car lemon law page.

What if the dealer says they “couldn’t duplicate” the problem?

Keep the repair order; we review every visit, including the ones where nothing was found. If you can, take a video of the symptom to bring with you next time.

Is my car a lemon if it’s out of warranty now?

Possibly. What matters is that the defect first appeared and was presented for repair while the warranty was active. Filing deadlines apply, so it’s worth asking sooner rather than later.

How much does a lemon law lawyer cost?

Nothing to you. Under Song-Beverly the manufacturer pays reasonable attorney’s fees and costs, and we never bill clients.

Can rideshare drivers or small businesses file?

Yes. Under section 1793.22(e)(2), business vehicles under 10,000 pounds qualify when the business has no more than five vehicles registered in California, and rideshare drivers who don’t run a fleet qualify too.

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

You don’t have to figure this out alone against a manufacturer. Send us your repair orders, or just tell us what’s been happening. We’ll give you straight answers about whether your car is a lemon and what your options are, at no cost and no obligation. Call 424-688-9088 or request a free case review.