California Lemon Law: A Current Guide to the Song-Beverly Act

What is California's lemon law?

California's lemon law is the Song-Beverly Consumer Warranty Act, codified at Civil Code sections 1790 through 1795.8. It requires manufacturers to honor their written warranties: if a manufacturer or its authorized repair facility cannot repair a vehicle to match the warranty after a reasonable number of attempts, the manufacturer must promptly replace the vehicle or refund the buyer, at the buyer's choice, under Civil Code section 1793.2(d)(2).

The Act covers new motor vehicles sold or leased in California with the manufacturer's new vehicle warranty, including the chassis portion of motorhomes and vehicles used partly for business (with limits on fleet size and vehicle weight). Since January 1, 2025, vehicles purchased out of state are generally excluded from the new motor vehicle definition, a change made by AB 1755.

Does my car qualify as a lemon in California?

Your car may qualify as a lemon if it has a defect covered by the manufacturer's warranty that substantially impairs its use, value, or safety, and the manufacturer has failed to fix it after a reasonable number of repair attempts. The statute calls this kind of defect a "nonconformity." Three elements matter:

• A warranty-covered defect. The problem must be covered by the manufacturer's express written warranty, not caused by unauthorized modification or unreasonable use after sale.
• Substantial impairment. The defect must substantially impair the vehicle's use, value, or safety to a reasonable person in your situation. Brake failures, stalling, battery fires, and transmission failures qualify easily. A rattle in the dashboard, standing alone, usually does not.
• A reasonable number of repair attempts. The manufacturer, through its dealers, must get a reasonable opportunity to fix the problem. What is "reasonable" depends on the defect: for a serious safety defect, two attempts can be enough. There is no rule that you must give the dealer four chances.

Keep every repair order. The repair orders showing your complaint, the mileage at each visit, and the days the vehicle sat at the dealer are the core evidence in nearly every lemon law claim.

What is the lemon law presumption (the Tanner Act)?

The Tanner Consumer Protection Act, Civil Code section 1793.22, creates a presumption that a reasonable number of repair attempts has occurred if, within the first 18 months or 18,000 miles (whichever comes first), any of the following is true:

• The manufacturer made two or more attempts to repair a defect likely to cause death or serious bodily injury;
• The manufacturer made four or more attempts to repair the same nonconformity; or
• The vehicle was out of service for a cumulative total of more than 30 calendar days for warranty repairs.

The presumption is a shortcut, not a wall. A vehicle can be a lemon without meeting any of these thresholds, and a claim does not fail just because the problems started after 18,000 miles. The presumption simply shifts the burden to the manufacturer to prove the repair attempts were not reasonable. One wrinkle worth knowing: some of the presumption's procedural requirements, such as directly notifying the manufacturer, apply only if they were clearly disclosed in your warranty or owner's manual.

What do I get if my car is a lemon?

If your vehicle qualifies, you choose between a replacement vehicle and a refund; the manufacturer cannot force a replacement on you. A refund (commonly called a buyback) under Civil Code section 1793.2(d)(2)(B) includes:

• Your down payment and all monthly payments made to date
• Payoff of the remaining loan or lease balance
• Official fees such as sales tax, license, and registration
• Incidental damages, such as towing, rental cars, and repair costs you paid out of pocket

The manufacturer then subtracts one thing: a mileage offset for the use you got from the vehicle before the problem first appeared.

One caveat for the newer track: for manufacturers that opted in to AB 1755, Code of Civil Procedure section 871.27 also adjusts how certain items are counted, including third-party add-on products, negative equity carried in from a trade-in, manufacturer rebates, and lease-specific amounts. The exact restitution math depends on which track your claim is on.

How is the lemon law mileage offset calculated?

The mileage offset is calculated by dividing the miles on the odometer at the first repair attempt for the defect by 120,000, then multiplying by the purchase price. The formula comes directly from Civil Code section 1793.2(d)(2)(C):

(miles at first repair attempt ÷ 120,000) × price paid = mileage offset

A worked example: you paid $42,000 for a truck and first brought it in for the defect at 9,000 miles. The offset is 9,000 divided by 120,000, which is 0.075, times $42,000: a $3,150 deduction. Only miles driven before the first repair attempt count. Everything you drove after that first visit costs you nothing, which is one reason early repair orders matter so much.

What are civil penalties under the lemon law?

A manufacturer that willfully fails to honor its buyback or replacement obligation can be ordered to pay a civil penalty of up to two times your actual damages under Civil Code section 1794(c). "Willful" does not require malice; it generally means the manufacturer knew or should have known the vehicle qualified and did not promptly comply.

Important change: for manufacturers that opted in to the AB 1755 procedures, you must send a written pre-suit notice at least 30 days before filing suit if you want civil penalties. Filing without a compliant notice generally means no civil penalties on that track, though the statute says minor deviations in the notice should not defeat them. The details are covered in our guide to the pre-suit notice requirement.

Who pays the attorney fees in a lemon law case?

The manufacturer pays a prevailing consumer's attorney fees and costs under Civil Code section 1794(d). This fee-shifting provision is what makes it realistic for an individual consumer to take on an automaker: if you prevail, the manufacturer is responsible for reasonably incurred fees and costs, based on actual time expended. It is why consultations in this practice area are free and why you should be skeptical of any suggestion that hiring a lawyer is unaffordable.

Did California's lemon law change recently?

Yes. AB 1755, signed in September 2024, made the largest procedural overhaul in the statute's history, and SB 26, signed April 2, 2025, reshaped it into an opt-in system. For manufacturers that opt in, there is now a shorter filing deadline, a mandatory pre-suit notice for civil penalties, mandatory mediation with a discovery stay, and a standardized release form. Most guides you will find online still describe the old process. Our AB 1755 hub explains what changed, and the manufacturer opt-in page explains how to check whether the new rules govern your claim.

Does the lemon law cover used cars in California?

Sometimes. In Rodriguez v. FCA US, LLC (2024), the California Supreme Court held that a used vehicle with the remaining balance of the original manufacturer's warranty is not a "new motor vehicle," so the automatic refund-or-replace remedy of section 1793.2(d)(2) does not apply to it. Used car buyers still have other Song-Beverly remedies: vehicles sold with a dealer's express written warranty (including most certified pre-owned programs) are covered against the warrantor, and breach of warranty damages remain available. Whether a used vehicle claim is worth pursuing depends heavily on the paperwork from your purchase, which is exactly the kind of thing to bring to a consultation.

Which vehicles and manufacturers see the most lemon law claims?

Claim patterns follow defect patterns: as of July 6, 2026, the recurring subjects are EV battery degradation and charging failures, driver-assistance malfunctions, infotainment and software faults, transmission shudder, and engine defects. We maintain manufacturer-specific guides covering what is commonly litigated and how each company's buyback process works: GM, Ford, Stellantis (Jeep, Ram, Dodge, Chrysler), Tesla, Toyota, Hyundai and Kia, and Nissan. For quick answers to common questions, see the lemon law FAQ, and to run the statutory refund formula on your own numbers, try the buyback calculator.

Where do I file a lemon law case on the Central Coast?

Lemon law cases are filed in superior court, typically in the county where you bought the vehicle or where you live. This office handles lemon law matters across the Central Coast from Salinas, including Monterey County, Salinas, Santa Cruz County, Watsonville, San Benito County and Hollister, and Gilroy.