California's Premier Lemon Law Lawyers
California's Premier Lemon Law Lawyers
The California lemon law is something many people don’t think about. That is, until car trouble forces them to.
You’ve probably heard the term “lemon” used to describe a junk car that comes with nothing but problems. In the legal sense, the California lemon law was created to protect consumers from defective products — most notably new (and some certified pre-owned) vehicles.
If you recently purchased or leased a vehicle that isn’t running properly, you may be covered under California lemon law. In this guide, we’re going to cover the complex topic of the lemon law and how it might apply to you.
Lemon Law Basics: How Lemon Law Works
The Magnuson-Moss Warranty Act, passed in 1975, is a federal law that protects consumers by requiring manufacturers to honor the warranties they provide. Its goal is to make warranties easier to understand and to prevent companies from misleading buyers about what is (and isn’t) covered.
While Magnuson-Moss is not itself a “lemon law,” it works alongside state laws to give consumers remedies when a vehicle repeatedly fails under warranty. Together, these laws form the backbone of lemon law protections.
Imagine you buy a new car. After a few weeks — or months — of driving, you start to notice strange noises coming from under the hood. If the vehicle is still under warranty, the manufacturer or dealership must attempt to repair it at no cost to you. But if the defect keeps coming back, that’s when state lemon law protections may apply.
Although specific lemon law details differ by state, they generally follow a few key criteria:
This framework is often called the lemon law presumption: If a vehicle meets state criteria, it is presumed to be a lemon, making the consumer eligible for relief. Consulting a lemon law attorney and filing a claim formally begins the process of proving that your car qualifies.
While every state has its own version, California’s lemon law is among the most comprehensive.
Under California lemon law (also called the Song-Beverly Consumer Warranty Act), a vehicle may be presumed to be a lemon if the following apply:
When these conditions are met, the consumer may be entitled to a buyback (refund of the purchase price) or a replacement vehicle from the manufacturer. Also, if you prevail, the manufacturer typically must cover your attorney fees and reasonable incidental costs.
Lemon law in California extends protections to many different types of vehicles, including, but not limited to:
It’s important to note that in California, lemon law protections generally apply to new vehicles and to some certified pre-owned (CPO) cars sold by a same-brand dealer with a manufacturer’s warranty issued at the sale. Standard used vehicles with only the balance of the original warranty typically do not qualify.
In addition, there are time limits. Under updated California lemon law (AB 1755, effective January 2025), a claim must be filed within one year after the vehicle’s express warranty expires, and no more than six years from the original delivery date.
Buying a brand-new vehicle should be an exciting experience – there is nothing quite like that new car smell. However, if you start running into issues or notice strange sounds when the vehicle is running, it may turn out to be a lemon.
California lemon law protects consumers who have purchased a new vehicle (either for personal or business use) with a defect that is covered under the express written warranty. If you recently bought a car brand new and are experiencing issues, the lemon law may apply to you.
If you repeatedly have to bring a new vehicle back for repairs, you could be eligible for protection. So long as the defect arises within the warranty period and the California lemon law claim is filed within the required deadlines.
Many drivers assume that the lemon law doesn’t apply to leased cars. In fact, auto manufacturers once argued that leases were excluded.
However, California law makes it clear: Leased vehicles are covered by lemon law protections.
Just like with new or certified pre-owned vehicles, the key factor is that the leased car is still covered by the manufacturer’s express warranty when the defect occurs. If the warranty has expired, lemon law protections generally no longer apply.
Car leases often come with factory warranties that cover major defects for a set time or mileage limit — commonly three years or 36,000 miles. Once either limit is reached, coverage typically ends.
It’s important to confirm that the problems with your leased vehicle started while the warranty was still active. Be sure to read the fine print on your lease agreement carefully. Some leases include arbitration provisions or clauses that can limit your rights.
Working with an experienced lemon law lawyer can help you review your lease, understand your warranty, and determine whether your leased vehicle qualifies for protection.
Does the California lemon law apply to used vehicles? The answer today is much narrower than it once was.
As mentioned above, protections for used cars now only apply to certain certified pre-owned (CPO) vehicles sold by same-brand dealers with a new manufacturer’s warranty issued at the time of sale. Anything older, non-CPO, or sold through third parties is generally not eligible under California lemon law.
Recent changes to used cars can cause confusion. It’s best to consult an experienced California lemon law lawyer to determine whether your situation qualifies.
The California lemon law process is based on warranties. After all, the law is called the Song- Beverly Consumer Warranty Act.
Let’s go over some of the major types of vehicle warranties that typically factor into lemon law.
New cars generally come with a written warranty from the vehicle manufacturer. This is commonly referred to as the “express warranty.” The express warranty is an explicit promise (in writing) that the vehicle will perform properly for a particular period of time.
Express warranties are usually good for a certain number of years or miles accrued on the odometer – whichever comes first. These numbers can vary based on the warranty.
California lemon law protections generally apply only if the defect occurs within this period, and claims must also be filed within the required deadlines. Typically, within one year after the warranty expires, and no more than six years from the original delivery date.
Implied warranties — such as the implied warranty of merchantability — are not written contracts. Instead, they are automatic legal protections that guarantee the vehicle will provide safe and reliable transportation for a specified amount of time.
This warranty is basic and does not cover non-essential features, such as the stereo. It only ensures that the car is fit to be sold and driven.
By itself, an implied warranty usually doesn’t give you strong consumer protections. California lemon law claims are strongest when tied to a manufacturer’s express warranty.
Dealer warranties apply to some used vehicles and function similarly to a manufacturer’s warranty. This written promise guarantees the car is free of defects for a set period of time or mileage.
Be sure to check the Buyer’s Guide, which federal law requires dealers to display on all used cars for sale.
Extended warranties may not really be warranties under the law. More often, they are service contracts, usually sold by third parties. These contracts do not guarantee that the vehicle is defect-free; they only obligate the provider to pay for repairs if something breaks down.
If a service contract is the only coverage you have, the vehicle likely will not qualify under the California lemon law. The narrow exception is if the contract specifically requires all repairs to be completed by the selling dealer. In that case, it may be worth discussing with a California lemon law attorney.
“As is” means no warranty at all. If a vehicle is sold “as is,” the buyer assumes full responsibility for any defects.
Under the Federal Trade Commission’s Used Car Rule, dealers reselling lemon law buybacks must disclose this clearly with an “As Is” or “Lemon” sticker. If the dealer fails to disclose, you may have grounds for relief.
For the most part, if you buy a car “as is” and it’s passed the time or mileage noted in the original warranty, it won’t qualify for lemon law protection in California.
Just about every vehicle warranty comes with two limitations: The number of miles and a specific number of years.
Most manufacturer warranties are for three years or 36,000 miles and cover a set list of issues, but this varies depending on the manufacturer. California lemon law protections generally apply only if the defect first arises during this warranty period.
Manufacturer warranties are often labeled as “bumper-to-bumper.” This means that nearly all major systems are covered for a set period. But not indefinitely, and not for routine maintenance or normal wear and tear.
The bumper-to-bumper factory warranty often includes protection for:
These warranties typically do not cover regular maintenance, wear and tear, interior or exterior damage caused by improper care, or damage from accidents or environmental factors.
To reiterate, the lemon law varies from state to state. The general qualification requirements for California are as follows:
Let’s unpack these terms.
A “substantial defect” must impair the use, value, or safety of the vehicle to a reasonable consumer in their specific situation. Additionally, the defect must be the fault of the manufacturer and not caused by the owner’s abuse, neglect, or unauthorized modifications.
Typically, the nature of the defect and the days out of service for repair will help determine whether a defect is substantial. Here is a list of common car problems that often qualify as a “substantial defect”:
There are “gray areas” (such as certain electrical problems) that may not seem like safety defects. However, these issues can still qualify if they affect the use or value of the vehicle. This is why it’s best to consult a lemon law lawyer to determine whether your vehicle meets the qualifications.
Under California law, “reasonable repair attempts” often depend on the nature of the defect. Although the exact number can change, two attempts may be enough for a serious safety issue, while four attempts are common for less serious defects.
Separately, if the vehicle is out of service for 30 or more total days for repairs, lemon law protections may also apply.
If your vehicle is showing a defect and is still under warranty, the manufacturer is obligated to take action. That means you need to bring it to an authorized facility for repairs.
Unfortunately, you can’t just take your defective vehicle to your trusted family mechanic. For warranty-covered repairs, whether the vehicle is new, leased, or certified pre-owned, it must be taken to a repair facility authorized by the manufacturer.
If you take the vehicle to a mechanic who isn’t authorized by the manufacturer:
And no matter what, keep detailed records of all repairs and maintenance, even if the work is fully covered under warranty. These records are critical if you need to file a lemon law claim later.
Under California law, you must have records showing that you brought the vehicle to a manufacturer-authorized repair facility and gave them a reasonable number of opportunities to fix the defect. These records are called repair invoices, and they are some of the most important documents in the lemon law process.
If there aren’t any “open” repairs, manufacturers sometimes argue they have not finished trying to fix the issue. However, this does not mean your claim has to be delayed. Repeated failed attempts can still establish that the defect qualifies under the lemon law.
After giving the repair facility a fair chance, you should gather all relevant documents to support your case, including:
At this stage, it’s wise to contact a California lemon law attorney. With proper documentation, your attorney will submit your case to the manufacturer, outlining the repair history and requesting protection under California’s lemon law.
The buyback or replacement process can be complicated, particularly if the manufacturer disputes your claim. Having an experienced attorney ensures you don’t get pressured into taking less than you’re entitled to.
After your claim is filed, your attorney may negotiate a settlement. In straightforward cases, the manufacturer may quickly agree to repurchase or replace your vehicle. In more contested cases, further legal action may be needed.
Be cautious of quick cash settlement offers. Large national firms sometimes encourage clients to accept payouts that are far less than the vehicle’s actual value. If your vehicle meets California lemon law requirements and you have strong documentation, you should pursue the full buyback or replacement.
California law requires that repurchased vehicles be branded as “lemons.” This protects you and also serves the public interest by ensuring defective vehicles are clearly identified before being resold
If you believe you have a strong case and the evidence to support it, the next step is knowing how to open a lemon law claim. A big part of the process is simply getting your paperwork in order and understanding how California lemon law works.
Not every lawyer is equipped to handle these cases. You’ll want someone who works explicitly in lemon law services and has a positive track record. A general practice lawyer may offer to take your case, but the results are often disappointing.
If your issue involves a certified pre-owned (CPO) vehicle or a unique situation with a particular manufacturer, ask whether the California lemon law firm has handled similar claims.
Large national firms often rely on heavy advertising and high client volume. Their strategy may be to push quick settlements that pay you far less than what your claim is worth. Instead, work with a California-based lemon law attorney who will pursue the full buyback or replacement you may be entitled to.
Under California lemon law, if you win, the manufacturer pays your attorney’s fees. That means you should not have to pay money up front or agree to “contingency” cuts of your settlement. Some firms charge 4–6% of your recovery as an extra fee — this is unnecessary and not required under state law.
Your attorney should be clear, patient, and approachable. They should explain the process in plain language, keep you informed, and answer questions without overwhelming you with jargon. Reading reviews and asking for references can help you find someone who values strong communication.
Technically, you don’t need a lawyer until your vehicle meets the lemon law criteria. However, it’s best to consult with an attorney as soon as issues begin. Most California lemon law attorneys offer free consultations and can guide you on what documentation to gather.
The sooner you begin speaking with an attorney about your situation, the quicker you can have a case evaluation under your belt. Before you reach out, do your best to be as prepared as you can for the first meeting.
If your vehicle qualifies as a lemon, you may be entitled to compensation. Even if it doesn’t meet every guideline, you could still receive a cash settlement if the defect significantly lowers the value of your vehicle.
When it comes to compensation, there are several possible outcomes in a California lemon law case.
For vehicles proven to be lemons, the manufacturer is typically required to repurchase the vehicle. A lemon law buyback (refund) generally includes:
For leased vehicles, the refund usually covers:
When calculating a buyback, the manufacturer deducts a mileage offset for the use of the vehicle before the defect first appeared.
The formula looks like this: (Vehicle Price × Miles at First Repair Attempt) ÷ 120,000
Example:
This deduction can sometimes be overstated by manufacturers, so it’s important to verify the math. You can calculate the estimated amount by using a buyback lemon law calculator and entering the following values:
Instead of a buyback, you and the manufacturer may agree to a replacement vehicle. The replacement must:
Note: The manufacturer is not obligated to offer a replacement; both parties must agree.
In addition to buyback or replacement, you may recover expenses caused by the defective vehicle, including:
Keep all receipts, invoices, and records to maximize your compensation.
If you win your lemon law case, the manufacturer must pay your legal costs. This includes attorney fees and court expenses.
That means you should not have to pay up front for a qualified California lemon law lawyer. In fact, most reputable attorneys will not take a case unless they believe you can win — and they know the manufacturer will be required to cover their fees.
Lemon law arbitration is something you need to be very cautious about.
Manufacturers often encourage consumers to enter arbitration when repeated repair attempts fail. Arbitration is when you present your case to neutral-seeming “arbitrators” outside of court. It’s usually pitched as a cheaper and faster alternative to a lawsuit.
In reality, many arbitration programs are funded by the manufacturer, which can create a bias against consumers. It’s a bit like playing a game where the referees are chosen by the other team.
California also allows state-certified arbitration programs. These are not run by the manufacturer, but even then, the decision can be used against you later if you take the case to court. This can weaken your position.
In California, arbitration is voluntary. You are not required to go through it before filing a claim. Always consult a California lemon law attorney before considering arbitration. An experienced lawyer can tell you whether arbitration makes sense for your case and determine if pursuing a direct lemon law claim is the better option.
Qualifying a vehicle under the law can be complex and time-consuming without the right support. If you believe your vehicle qualifies as a lemon, don’t go it alone. Reach out to an experienced attorney who can evaluate your case and pursue the best outcome on your behalf.
At Cline APC, we offer free consultations to review your situation. Contact us today with your questions about the California lemon law — we’re here to help.