US-CaliforniaWhat is California's Lemon Law and when does it apply?
California's Lemon Law (Song-Beverly Consumer Warranty Act) requires manufacturers to repair serious defects in new vehicles after a reasonable number of attempts; if they fail, consumers are entitled to a replacement or refund.
What the Law Says
California's Lemon Law is part of the Song-Beverly Consumer Warranty Act. It protects buyers and lessees of new motor vehicles that have substantial defects covered by the manufacturer’s warranty and cannot be fixed after a reasonable number of repair attempts.
The law applies to new cars, trucks, motorcycles, vans, and recreational vehicles (RVs) purchased or leased in California. It covers defects that substantially impair the vehicle’s use, value, or safety.
A 'reasonable number of attempts' is presumed if: (1) the same problem has been subject to repair four or more times within the first 18 months or 18,000 miles (whichever comes first), and it still exists; or (2) the vehicle has been out of service for repair of one or more warranty problems for a cumulative total of 30 days or more during that same period.
The law also presumes a reasonable number of attempts for serious safety defects — just two repair attempts are enough if the defect could cause death or serious bodily injury.
Statutory TextIf the manufacturer or its authorized dealer has attempted to repair a nonconformity two or more times and the nonconformity continues to exist, the consumer shall be deemed to have made a reasonable number of attempts to cause the manufacturer to conform the goods to the applicable express warranty.
— Civil Code § 1793.22(e)(1) — Presumptions
Statutory TextA 'nonconformity' is a nonconformity which substantially impairs the use, value or safety of the new motor vehicle to the buyer or lessee.
— Civil Code § 1793.22(e)(2) — Definition
Statutory TextThe presumption in subdivision (d) that the manufacturer has failed to conform the goods to the applicable express warranty arises if the manufacturer or its authorized dealer has attempted to repair the same nonconformity three or more times...
— Civil Code § 1793.22(d)(1) — Repair attempt presumption
What Courts Have Said
California courts have clarified key elements of the Lemon Law, including what counts as a 'reasonable attempt,' how time is calculated, and who qualifies as a 'consumer.'
Held that a consumer need not wait until the full 18-month/18,000-mile period ends to pursue a lemon law claim if the defect and repair attempts occurred within that window.
Confirmed that the 30-day 'out-of-service' period includes only days the vehicle was actually in the dealer’s possession for warranty repairs—not days waiting for parts or appointments.
What to Do
Keep all repair orders, invoices, and correspondence with the dealer and manufacturer.
Notify the manufacturer in writing (certified mail) that you believe your vehicle is a lemon and request a replacement or refund.
If the manufacturer refuses, file for arbitration through its certified program—or skip arbitration and sue directly under Civil Code § 1793.2.
Act before your express warranty expires (typically 1–3 years) or within four years of discovering the defect (statute of limitations).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.