No one expects to end up with a lemon, yet many California drivers do, even after carefully researching the vehicle they buy or lease. The good news: if your manufacturer can’t repair a defective vehicle after a reasonable number of attempts, you are protected under the California Lemon Law, and you may be owed a refund or replacement.
The Barry Law Firm helps California consumers hold manufacturers accountable, and we do it at no cost to you. We recover our fees and costs from the manufacturer, not from your compensation (your actual damages may include down payments, monthly payments, sales taxes, finance charges, out-of-pocket repair costs, and registration fees). As one of California’s premier lemon law firms, we’ve helped thousands of consumers pursue justice when their vehicles turned out to be defective. Time is of the essence, so call us or reach out online today to find out if you qualify.
What are the requirements for California’s Lemon Law? California’s Lemon Law, officially the Song-Beverly Consumer Warranty Act, applies when a vehicle has a substantial defect covered by the manufacturer’s warranty that the manufacturer or its dealer cannot fix after a reasonable number of repair attempts. The defect must impair the vehicle’s use, value, or safety, and the repair attempts must have happened while the vehicle was under warranty. If that describes your situation, you may be entitled to a buyback (refund), a replacement vehicle, or a cash settlement.
What Is the California Lemon Law?
The California Lemon Law is part of the Song-Beverly Consumer Warranty Act. It requires vehicle manufacturers to repurchase or replace a vehicle when they are unable to repair a substantial, warranty-covered defect within a reasonable number of attempts. It applies to most new and many used vehicles bought or leased in California for personal, family, or household use, and to businesses with five or fewer vehicles registered in the state.
What Qualifies a Car for California’s Lemon Law?
To qualify, three things generally must be true:
- Your vehicle has a substantial defect. The problem must impair the vehicle’s use, value, or safety, not a minor cosmetic issue.
- The defect is covered by a written warranty. This is the manufacturer’s warranty included with a new vehicle, and it can also cover used purchases such as dealer demonstration models and Certified Pre-Owned (CPO) vehicles.
- The manufacturer couldn’t fix it in a reasonable number of attempts while the vehicle was under warranty.
You may qualify if:
- Your car, truck, SUV, or van has a defect the dealer keeps failing to repair
- The problem started while the vehicle was under the manufacturer’s warranty
- You bought or leased the vehicle in California for personal, family, or household use (or your business has five or fewer registered vehicles)
- The vehicle’s gross weight is under 10,000 lbs
- You’ve kept your repair orders and invoices
Even if your warranty has since expired, you may still qualify. What matters most is that the problems and repairs occurred while the vehicle was still covered by the manufacturer’s warranty.
Does a Used Car Qualify Under California’s Lemon Law?
Often, yes. A used vehicle can qualify if it was still covered by the manufacturer’s original new-car warranty at the time of sale, or sold with a Certified Pre-Owned (CPO) warranty. Dealer demonstration models and other lightly used vehicles sold with the remaining factory warranty are commonly covered.
A used car sold “as is” with no remaining manufacturer warranty is generally not covered by the Song-Beverly Act, but you may still have other consumer-protection claims. If you’re unsure, the fastest way to know is to have us review your paperwork. Talk to a used-car lemon law attorney today.
How Many Repair Attempts Before a Car Is a Lemon in California?
There’s no single magic number. The law asks whether the manufacturer had a “reasonable” number of chances to fix the defect. Under California’s Lemon Law Presumption, a vehicle is generally presumed to be a lemon if, within the first 18 months or 18,000 miles, any of the following occurred:
| Situation | Repair attempts that may qualify |
|---|---|
| Serious safety defect (could cause death or serious injury) | 2 or more attempts |
| Other substantial defect | 4 or more attempts for the same issue |
| Vehicle out of service for repairs | 30 or more cumulative days |
Even outside these thresholds, you may still have a claim; the presumption is a guideline, not the only path. So, how many repairs should be considered before Lemon Law? It depends on the severity of the defect and the facts of your case.
Speak with The Barry Law Firm today and we’ll review your repair history to determine whether you qualify for a lemon law claim.
What Are You Entitled To Under the California Lemon Law?
California has one of the most protective lemon laws in the nation. If your vehicle qualifies, you may be entitled to:
- A vehicle buyback (repurchase): The manufacturer “buys back” your vehicle and refunds what you’ve paid (down payment, monthly payments, sales tax, registration, and finance charges) and pays off your remaining loan or lease. A statutory mileage offset for use before the first repair attempt may be deducted.
- A replacement vehicle: A comparable new vehicle of equal value or condition, subject to inventory and the manufacturer’s agreement.
- Incidental costs: Reimbursement for expenses caused by the defect, such as towing and rental cars.
- Attorney’s fees and costs paid by the manufacturer, which is why our clients pay us nothing out of their recovery.
In cases of willful violation, the law may allow a civil penalty of up to two times your damages.
California Lemon Law Requirements: FAQ
Do you need a lawyer for a lemon law claim in California? You’re not required to hire one, but manufacturers have experienced legal teams, and represented consumers typically recover more. Because the Lemon Law makes the manufacturer pay your attorney’s fees, hiring The Barry Law Firm costs you nothing out of pocket.
How much does a California lemon law lawyer cost? With The Barry Law Firm, nothing comes out of your recovery. The Song-Beverly Act requires the manufacturer to pay a prevailing consumer’s attorney’s fees and costs, so we’re paid by the manufacturer, not you.
Can I sue a dealership for selling me a lemon? Your Lemon Law buyback or replacement claim is generally against the manufacturer, not the dealer. Depending on the facts (for example, misrepresentation or a botched used-car sale), you may also have claims against a dealer. We can tell you which applies after reviewing your documents.
What evidence do I need for a California lemon law claim? Keep every repair order and invoice, your purchase or lease agreement, the warranty booklet, and any communication with the dealer or manufacturer. Repair orders showing repeat visits for the same defect are the most important.
How long does the lemon law process take in California? Many cases resolve within a few months, though timelines vary by manufacturer and case complexity. We can estimate a range once we review your repair history.
What if my warranty already expired? You may still qualify if the defects and repair attempts happened while the vehicle was under warranty. Don’t assume you’ve missed your window. Deadlines apply, so it’s worth checking now.
Are You Looking For An Attorney To Handle Your Lemon Law Case?
Think you might have a lemon? Time limits apply. Contact The Barry Law Firm or call today for a free case review, and find out what you may be owed.
