The short version
If the dealer cannot fix a warranty-covered defect after a reasonable number of attempts, the manufacturer must buy the vehicle back or replace it, at your choice. In a qualifying case the manufacturer, not you, pays a prevailing consumer's attorney fees. AB 1755 and SB 26 rewrote the procedure starting in 2025, and for manufacturers that opted in, the filing deadlines are now shorter. If any answer below sounds like your situation, a consultation is free.
These are the questions Central Coast drivers ask most about California's lemon law, the Song-Beverly Consumer Warranty Act. For the full picture, start with our California lemon law guide.
Qualifying
Does California's lemon law cover used cars?
Sometimes. Under the California Supreme Court's decision in Rodriguez v. FCA US, LLC (2024), a used vehicle sold with only the remaining balance of the original manufacturer warranty is not a "new motor vehicle," so the automatic refund-or-replace remedy does not apply to it. But used vehicles sold with a dealer's express written warranty, including most certified pre-owned programs, have Song-Beverly protection against the warrantor, and other breach-of-warranty remedies survive.
Does the lemon law cover leased vehicles?
Yes. New vehicles leased in California with the manufacturer's warranty are covered the same as purchases. A qualifying lease claim works the same way: the manufacturer refunds what you have paid into the lease, minus the mileage offset.
How many repair attempts before my car is a lemon?
There is no fixed number. The standard is a "reasonable number" of repair attempts under Civil Code section 1793.2(d). The Tanner presumption in Civil Code section 1793.22 applies within the first 18 months or 18,000 miles: two or more attempts for a defect likely to cause death or serious bodily injury, four or more attempts for the same defect, or a cumulative total of more than 30 calendar days out of service. A vehicle can still be a lemon without meeting any of those thresholds.
Money
What is the mileage offset?
A deduction for the use you got from the vehicle before the problem appeared. Under Civil Code section 1793.2(d)(2)(C), the formula is the miles on the odometer at the first repair attempt, divided by 120,000, multiplied by the purchase price. Only miles driven before the first repair attempt count. Our mileage offset calculator will run the numbers on your vehicle for an estimate.
What do I get in a lemon law buyback?
Your money back, minus the mileage offset. A buyback includes your down payment, all monthly payments made, payoff of the remaining loan balance, and official fees such as sales tax, license, and registration. It also includes incidental damages such as towing and rental cars. The manufacturer then subtracts the statutory mileage offset.
Do I have to accept a replacement vehicle instead of a refund?
No. The choice between a refund and a replacement vehicle belongs to you, the consumer. If you want your money back, the manufacturer cannot force a replacement on you.
Do I need a lawyer for a lemon law claim?
Not legally required, but going alone rarely makes sense. Under Civil Code section 1794(d), the manufacturer pays a prevailing consumer's attorney fees, so representation does not come out of your recovery in a qualifying case. And the post-AB 1755 procedure, with its deadlines, pre-suit notice, and mandatory mediation, has traps that can forfeit money if handled wrong.
What does it cost to hire a lemon law lawyer?
Nothing up front in a qualifying case. Fee-shifting under Civil Code section 1794(d) means the manufacturer pays a prevailing consumer's reasonable attorney fees and costs. That is why consultations in this practice area are free.
Process and the 2025 changes
How long does a lemon law case take?
It varies, and no timeline is guaranteed. For manufacturers that opted in to AB 1755, mandatory mediation must finish within 150 days of the manufacturer's answer, which resolves many cases within months of filing. Cases that continue past mediation take longer.
Can I keep driving my car during the case?
Yes, if it is safe to drive. Miles driven after the first repair attempt do not increase the statutory mileage offset, so continued use does not shrink your refund. Keep servicing the vehicle on schedule. If the defect affects brakes, steering, stalling, or anything else that makes driving dangerous, do not keep driving it; your safety comes before your claim, and the days it sits count toward the 30-day presumption.
What if the dealer says "no problem found"?
The visit still counts. A repair attempt happens when you present the vehicle and describe the problem; the dealer failing to duplicate it does not erase the attempt. Keep every repair order and make sure your complaint is written on it.
What deadlines apply to my claim?
It depends on the manufacturer's opt-in status. As of July 6, 2026, for manufacturers that opted in to AB 1755, the deadline is one year after the express warranty expires, and never more than six years after the vehicle was delivered. For manufacturers that did not opt in, the older limitations rules apply. Our guide to the new deadlines walks through both tracks.
What is the 30-day pre-suit notice?
A written demand required before suing an opted-in manufacturer. It must include your name, the VIN, a summary of the problem, and a request for repurchase or replacement, and it must be sent at least 30 days before filing suit to preserve your right to civil penalties. Filing without a compliant notice generally means no civil penalties on that track, though minor deviations in the notice should not defeat them. Our pre-suit notice guide covers the details.
Which manufacturers opted in to AB 1755?
Check the Department of Consumer Affairs' published list, which is the official source. As of July 6, 2026, the list includes GM, Ford, Stellantis (Jeep, Ram, Dodge, Chrysler), Hyundai, Kia, Genesis, Nissan, and Infiniti, while Toyota, Lexus, Honda, and Tesla are not on it. Our manufacturer opt-in page explains how to confirm the status of your vehicle's maker.
Do I have to go through the manufacturer's arbitration program first?
Generally no; you may go to court. But if the manufacturer maintains a state-certified arbitration program, using the Tanner presumption in court can require first resorting to that program.
Special situations
Can I get a cash settlement and keep the car?
Sometimes. Manufacturers do resolve claims with "cash and keep" settlements, where the consumer keeps the vehicle and receives a payment. Whether that beats a buyback depends on the numbers and on the defect.
Does the lemon law apply if I bought the vehicle out of state?
Generally not for vehicles purchased or leased out of state after January 1, 2025. AB 1755 changed the definition of a "new motor vehicle" to generally exclude out-of-state purchases and leases. Vehicles purchased or leased in California remain covered, and California law has separately protected certain members of the Armed Forces stationed in or residents of California who bought elsewhere; if that describes you, ask about it at a consultation.
Are business or commercial vehicles covered?
Yes, within limits. Vehicles with a gross vehicle weight under 10,000 pounds that are bought or used primarily for business purposes qualify if the business has no more than five vehicles registered in California, under Civil Code section 1793.22(e)(2).
Are motorcycles and RVs covered?
Mostly no for motorcycles, partly yes for RVs. Motorcycles are excluded from the "new motor vehicle" definition, so the refund-or-replace remedy does not apply to them. Motorhomes are covered as to the chassis, chassis cab, and drivetrain. Other Song-Beverly consumer-goods protections can still apply to a motorcycle sold with a written warranty.
What documents do I need to start?
Three things: your repair orders from every visit, the purchase or lease contract, and the warranty booklet. The repair orders showing your complaint, the mileage at each visit, and the days the vehicle sat in the shop are the core evidence in nearly every claim.
Think your vehicle might be a lemon?
Tell us the basics and we will tell you honestly whether it is worth pursuing. Free, confidential, and no obligation. Or call 831-262-2847.