Key takeaways
- Protection period: 18 months from delivery to the buyer or 18,000 miles on the odometer, whichever occurs first. Repurchase or replacement duties apply to nonconformities covered by the express warranty after a reasonable number of attempts.
- Repair attempts: the same nonconformity subject to repair 4 or more times and the buyer has directly notified the manufacturer at least once, within the presumption period.
- Days out of service: out of service for repair a cumulative total of more than 30 calendar days since delivery, within the presumption period.
- Deadline: the Song-Beverly lemon law sections do not set their own filing deadline. For manufacturers that elected the CCP § 871.20 procedures, suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling as provided.
- The law is Cal. Civ. Code § 1790 et seq. (new motor vehicle provisions in §§ 1793.2(d), 1793.22 and 1794); Cal. Code Civ. Proc. § 871.20 et seq. for manufacturers that have opted in. Read it with your repair orders and your warranty in front of you.
On this page
California's lemon law is Cal. Civ. Code § 1790 et seq. (new motor vehicle provisions in §§ 1793.2(d), 1793.22 and 1794); Cal. Code Civ. Proc. § 871.20 et seq. for manufacturers that have opted in, the Song-Beverly Consumer Warranty Act (new motor vehicle provisions known as the Tanner Consumer Protection Act). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
California lemon law at a glance
| Statute | Cal. Civ. Code § 1790 et seq. (new motor vehicle provisions in §§ 1793.2(d), 1793.22 and 1794); Cal. Code Civ. Proc. § 871.20 et seq. for manufacturers that have opted in |
|---|---|
| Official name | Song-Beverly Consumer Warranty Act (new motor vehicle provisions known as the Tanner Consumer Protection Act) |
| Vehicles covered | New motor vehicles bought or used mainly for personal, family, or household purposes. Also covers vehicles under 10,000 pounds GVW bought or used mainly for business by an entity with no more than five vehicles registered in California. Includes the chassis, chassis cab and propulsion portion of motor homes, dealer-owned vehicles and demonstrators sold with a new car warranty. Excludes motorcycles, off-highway-only vehicles, and motor home living quarters. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | Presumption period: 18 months from delivery to the buyer or 18,000 miles on the odometer, whichever occurs first. Repurchase or replacement duties apply to nonconformities covered by the express warranty after a reasonable number of attempts. |
| Repair attempts | The same nonconformity subject to repair 4 or more times and the buyer has directly notified the manufacturer at least once, within the presumption period. |
| Serious safety defects | A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to repair 2 or more times, with the buyer or lessee directly notifying the manufacturer at least once, within the presumption period. |
| Days out of service | Out of service for repair a cumulative total of more than 30 calendar days since delivery, within the presumption period. |
| Notice to the manufacturer | Direct notice to the manufacturer is needed for the repair-count presumptions only if the manufacturer clearly disclosed this requirement in the warranty or owner's manual. For opted-in manufacturers, a written pre-suit notice and demand (email or certified/registered mail) at least 30 days before suit is required to seek civil penalties. |
| Dispute programs | If a qualified third-party dispute resolution process certified by the Department of Consumer Affairs exists and the buyer was told about it in time, the buyer must use it before asserting the presumption. Without one, or if the buyer is dissatisfied, the buyer may sue. Limitation periods are tolled while that process is pending. |
| Deadline to bring a claim | The Song-Beverly lemon law sections do not set their own filing deadline. For manufacturers that elected the CCP § 871.20 procedures, suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling as provided. |
| Remedies | Buyer's choice of a substantially identical replacement or restitution of the actual price paid or payable, plus collateral charges and incidental damages. The use offset is the price multiplied by miles driven before the first repair visit for the problem, divided by 120,000. Willful violations can bring a civil penalty of up to two times actual damages. |
| Attorney's fees | Yes. A prevailing buyer recovers costs and expenses, including attorney's fees based on actual time spent, as determined by the court. |
| Used vehicles | The new-vehicle rules also cover dealer-owned vehicles, demonstrators and other vehicles sold with a manufacturer's new car warranty (§ 1793.22(e)(2)). |
Does your vehicle qualify in California?
The law covers new motor vehicles bought or used mainly for personal, family, or household purposes. Also covers vehicles under 10,000 pounds GVW bought or used mainly for business by an entity with no more than five vehicles registered in California. Includes the chassis, chassis cab and propulsion portion of motor homes, dealer-owned vehicles and demonstrators sold with a new car warranty. Excludes motorcycles, off-highway-only vehicles, and motor home living quarters. The protection period is 18 months from delivery to the buyer or 18,000 miles on the odometer, whichever occurs first. Repurchase or replacement duties apply to nonconformities covered by the express warranty after a reasonable number of attempts. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: The same nonconformity subject to repair 4 or more times and the buyer has directly notified the manufacturer at least once, within the presumption period.
- Serious safety defect: A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to repair 2 or more times, with the buyer or lessee directly notifying the manufacturer at least once, within the presumption period.
- Days out of service: Out of service for repair a cumulative total of more than 30 calendar days since delivery, within the presumption period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Direct notice to the manufacturer is needed for the repair-count presumptions only if the manufacturer clearly disclosed this requirement in the warranty or owner's manual. For opted-in manufacturers, a written pre-suit notice and demand (email or certified/registered mail) at least 30 days before suit is required to seek civil penalties.
If a qualified third-party dispute resolution process certified by the Department of Consumer Affairs exists and the buyer was told about it in time, the buyer must use it before asserting the presumption. Without one, or if the buyer is dissatisfied, the buyer may sue. Limitation periods are tolled while that process is pending.
Deadline: The Song-Beverly lemon law sections do not set their own filing deadline. For manufacturers that elected the CCP § 871.20 procedures, suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling as provided.
State resource: California Department of Consumer Affairs, Arbitration Certification Program.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Buyer's choice of a substantially identical replacement or restitution of the actual price paid or payable, plus collateral charges and incidental damages. The use offset is the price multiplied by miles driven before the first repair visit for the problem, divided by 120,000. Willful violations can bring a civil penalty of up to two times actual damages. Yes. A prevailing buyer recovers costs and expenses, including attorney's fees based on actual time spent, as determined by the court. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside California's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your California vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in California?
Under Cal. Civ. Code § 1790 et seq. (new motor vehicle provisions in §§ 1793.2(d), 1793.22 and 1794); Cal. Code Civ. Proc. § 871.20 et seq. for manufacturers that have opted in, the presumption is met when the same nonconformity subject to repair 4 or more times and the buyer has directly notified the manufacturer at least once, within the presumption period. A defect likely to cause death or serious injury has its own test: A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to repair 2 or more times, with the buyer or lessee directly notifying the manufacturer at least once, within the presumption period. The law also counts time in the shop: out of service for repair a cumulative total of more than 30 calendar days since delivery, within the presumption period.
How long do I have to file a lemon law claim in California?
The Song-Beverly lemon law sections do not set their own filing deadline. For manufacturers that elected the CCP § 871.20 procedures, suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling as provided. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the California lemon law cover used cars?
The new-vehicle rules also cover dealer-owned vehicles, demonstrators and other vehicles sold with a manufacturer's new car warranty (§ 1793.22(e)(2)). Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the California lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in California?
Direct notice to the manufacturer is needed for the repair-count presumptions only if the manufacturer clearly disclosed this requirement in the warranty or owner's manual. For opted-in manufacturers, a written pre-suit notice and demand (email or certified/registered mail) at least 30 days before suit is required to seek civil penalties. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in California?
If a qualified third-party dispute resolution process certified by the Department of Consumer Affairs exists and the buyer was told about it in time, the buyer must use it before asserting the presumption. Without one, or if the buyer is dissatisfied, the buyer may sue. Limitation periods are tolled while that process is pending.
Can I recover attorney's fees under the California lemon law?
Yes. A prevailing buyer recovers costs and expenses, including attorney's fees based on actual time spent, as determined by the court. We explain exactly how fees work in your case before you sign anything.
Sources
- Cal. Civ. Code § 1793.22 (California Legislative Information)
- Cal. Civ. Code § 1793.2
- Cal. Civ. Code § 1794
- Cal. Civ. Code § 1795.4 (leases)
- Cal. Civ. Code § 1795.8 (Armed Forces members)
- Cal. Code Civ. Proc. § 871.20
- Cal. Code Civ. Proc. § 871.21
- Cal. Code Civ. Proc. § 871.24
- California DCA Arbitration Certification Program