What Is the Lemon Law in California?
California’s lemon law is the Song-Beverly Consumer Warranty Act, a state law enacted in 1970 that protects consumers who buy or lease defective vehicles. Under the law, a vehicle may qualify as a “lemon” if it develops a defect covered by the manufacturer’s warranty that cannot be fixed after a reasonable number of repair attempts. When that happens, the manufacturer must buy back the vehicle or replace it.
Key facts about the Song-Beverly Act:
- It covers most new and many used vehicles purchased or leased in California while under the manufacturer’s original, certified pre-owned, or lemon law buyback warranty.
- It applies to purchased and leased vehicles alike.
- Certain out-of-state purchases and vehicles no longer under the original written warranty may still be protected.
Not sure where your vehicle stands? See how to determine if a vehicle is a lemon, or contact an experienced California lemon law attorney at The Barry Law Firm to learn about your options.
How Does the California Lemon Law Work?
A manufacturer’s express written warranty is a promise that the vehicle’s components and systems will function as advertised. If they don’t, the manufacturer must repair them. The California lemon law goes one step further: if the manufacturer cannot sufficiently repair the vehicle, it must replace or repurchase it.
What Vehicles Does the California Lemon Law Cover?
The California lemon law covers most passenger vehicles purchased or leased under a manufacturer’s new motor vehicle written warranty, including:
- Compact, mid-size, and full-size sedans and hatchbacks
- Light trucks, such as pickup trucks, SUVs, and vans
- Motorhome drivetrains, chassis, and chassis cabs
- Dealer “demo” motor vehicles and other dealer-owned vehicles
- Personal vehicles, including motorcycles, purchased or leased for individual, household, or family use
- Some commercial vehicles purchased or leased for business use
What the California Lemon Law Does Not Cover
- Any motorhome components intended, maintained or used primarily for human habitation
- Any motorcycles or other vehicles intended exclusively for off-road use
- Any vehicles purchased or used primarily for business purposes with gross vehicle weight ratings exceeding 10,000 pounds
- Any business vehicles purchased or used by owners or businesses with more than five registered vehicles in the state of California
Does Your Car Qualify for the Lemon Law in California?
Your car likely qualifies as a lemon in California if all four of the following are true:
- The problem arose while the vehicle was under warranty. This can be the original new motor vehicle warranty, a certified pre-owned warranty, or a lemon law buyback warranty, which is why used cars can qualify, too.
- You notified the manufacturer about the problem, typically by taking the vehicle to a manufacturer-authorized dealership.
- You gave the manufacturer a reasonable number of repair attempts. There is no fixed statutory number, but as a general rule it’s four or more attempts for the same problem, or two or more for a serious safety defect that could cause injury or death.
- The manufacturer failed to fix the problem despite those attempts.
Meet all four criteria, and you may be eligible for a refund or a replacement vehicle. California’s lemon law requirements explain each qualification in more detail, and you can review how to tell if your car is a lemon in California, and these 10 signs your car might be a lemon.
Bought your car outside California? In most cases, only vehicles purchased in California qualify, but a 2007 amendment to the Song-Beverly Act lets active-duty military members stationed or residing in California file claims no matter where they bought or registered their vehicle. Learn more about the different types of lemon law cases.
What Are You Entitled to Under Lemon Law?
If your vehicle qualifies as a lemon, the manufacturer generally owes you a buyback (refund) or a replacement vehicle, plus related costs. Compensation commonly recovered in California lemon law cases includes:
- A refund of your down payment and all monthly payments made toward the vehicle
- Payoff of any remaining loan balance
- Reimbursement of repair costs
- Incidental expenses, such as towing and rental cars
- A comparable replacement vehicle (instead of a refund, if you prefer)
- All attorneys’ fees and legal costs, paid by the manufacturer
The right resolution depends on your case. Read about lemon law settlement types in California for the full breakdown.
How Long Do You Have to Make a Lemon Law Claim?
You have four years to file a lemon law claim in California. This is the statute of limitations, and when that four-year clock starts can vary, so the best way to protect your claim is to consult a knowledgeable Los Angeles lemon law attorney as early as possible.
What to Do If Your Car Is a Lemon: 5 Steps
If you’re having problems with a new (or new-to-you) car, take these steps immediately:
- Take your car to an authorized dealership or other authorized representative of the manufacturer for inspection.
- Explain your concerns and give the dealership or manufacturer representative the chance to fix the issue.
- Allow a “reasonable number” of repair attempts. California law doesn’t set an exact number, but you must give the manufacturer at least two attempts.
- Save all documentation, including your lease or purchase agreement, every repair order from the dealer or mechanic, and receipts for any expenses caused by the faulty vehicle.
- Consult an experienced California lemon law attorney who can guide you through the lemon law process in California and pursue your refund or replacement.
Your warranty doesn’t need to be current when you file. As long as the first repair attempt happened while the vehicle was still under the manufacturer’s warranty, you may still have a claim.
What Happens After You File a Lemon Law Claim?
If the dealership or manufacturer cannot satisfactorily repair or replace your vehicle, the next step is legal action. Here’s how the process typically unfolds with The Barry Law Firm’s Los Angeles lemon law attorneys:
- Complaint: We file an official complaint against your vehicle’s manufacturer.
- Discovery: Both sides gather and exchange information about the case.
- Settlement negotiations: Most California lemon law cases resolve through one or more rounds of settlement negotiations during discovery.
- Trial: If no fair settlement can be reached, our attorneys are prepared to take your case to trial.
California Lemon Law FAQs
Does the California lemon law apply to used cars?
Yes. Used cars qualify under the California lemon law if the defect appeared while the vehicle was covered by the manufacturer’s original warranty, a certified pre-owned warranty, or a lemon law buyback warranty.
How many repair attempts are required before a car is considered a lemon in California?
There is no fixed number, but generally four or more attempts for the same problem, or two or more for a defect that could cause serious injury or death, is considered a “reasonable number” under California law.
How much does a lemon law attorney cost in California?
Nothing out of pocket. The Song-Beverly Act requires the manufacturer to pay the consumer’s attorney’s fees and costs, which is why The Barry Law Firm charges clients no fees to handle lemon law claims.
What is a lemon law buyback in California?
A lemon law buyback is when the manufacturer repurchases your defective vehicle instead of providing a replacement. The refund covers your down payment, monthly payments, and incidental costs, plus payoff of the loan balance.
Can I file a California lemon law claim if my warranty expired?
Often, yes. What matters is that the defect first appeared and was presented for repair while the vehicle was under warranty. The warranty doesn’t need to be active on the day you file.
Think you’re driving a lemon? The Barry Law Firm handles California lemon law claims at no cost to you; the manufacturer pays our fees. Contact us now for a free and fast consultation.
