If your car keeps breaking down and the dealership cannot fix the problem, you may be wondering if your vehicle qualifies under California Lemon Law. California has some of the strongest consumer protection laws in the country to protect drivers from defective vehicles.
This guide explains how to know if your car qualifies as a lemon, the basic requirements, and what compensation you may receive.
What Is California Lemon Law?
California Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, protects consumers who buy or lease vehicles with serious defects that cannot be repaired after a reasonable number of attempts.
If a vehicle qualifies as a lemon, the manufacturer may be required to:
- Buy back the vehicle
- Replace it with a comparable vehicle
- Provide a cash settlement
- Pay the consumer’s attorney fees
The law generally applies to new vehicles, leased vehicles, and some certified pre-owned vehicles still covered by the manufacturer’s warranty. California Lemon Law does not apply to other used vehicles
Basic Requirements to Qualify
A vehicle may qualify under California Lemon Law if the following conditions are met.
1. The Vehicle Has a Substantial Defect
The problem must significantly affect the vehicle’s use, safety, or value. Minor cosmetic problems typically do not qualify.
Common qualifying defects include:
- Engine or transmission problems
- Brake or steering defects
- Electrical system failures
- Persistent warning lights or computer issues
- Infotainment screen defects
2. The Vehicle Was Under Warranty
The defect must occur while the vehicle is covered by the original manufacturer’s warranty. Defects that commence while a vehicle is covered by extended warranties not provided by the manufacturer do not count.
3. The Manufacturer Had a Reasonable Opportunity to Repair It
The dealership must be given a reasonable number of chances to fix the issue. While every case is different, common guidelines include:
- 2 repair attempts for serious safety defects
- 4 repair attempts for the same recurring problem
- 30 or more total days in the repair shop
If the problem continues after these attempts, the vehicle may qualify as a lemon.
Signs Your Car May Be a Lemon
Your vehicle may qualify for a lemon law claim if:
- The same issue keeps returning after multiple repairs
- The dealership cannot diagnose or fix the problem
- Your vehicle spends weeks in the repair shop
- The defect affects the safety or reliability of the vehicle
Keeping repair records is important when evaluating a potential claim.
What Compensation Can You Receive?
If your vehicle qualifies under California Lemon Law, the manufacturer may be required to provide one of the following remedies.
Vehicle Buyback
The manufacturer repurchases the vehicle and reimburses you for:
- Down payment
- Monthly payments
- Taxes and registration
- Certain related expenses
A mileage deduction may apply.
Replacement Vehicle
You may receive a new replacement vehicle of similar value.
Cash Settlement
In some cases, the manufacturer offers a cash settlement while you keep the vehicle.
How Long Do You Have to File a Claim?
California consumers generally must file a lemon law claim within one year after the manufacturer’s warranty expires and no later than six years from the vehicle’s original delivery date.
Because deadlines can depend on the specific facts of the case, it is best to act as soon as possible while warranty coverage and repair records are still available.
Do You Need a Lemon Law Attorney?
You are not required to hire an attorney, but most lemon law claims are handled by lawyers who focus on these cases.
Under California law, the manufacturer usually pays the consumer’s attorney fees if the claim is successful, which means many attorneys offer free consultations and no upfront costs.
What To Do If You Think Your Car Is a Lemon
If you believe your vehicle may qualify under California Lemon Law:
- Keep all repair invoices and service records
- Document each dealership visit
- Track the number of repair attempts and days in the shop
- Speak with a lemon law attorney to review your case
