Lemon Law Basics
What California’s lemon law is, what makes a vehicle a lemon, and why the 18-month / 18,000-mile rule is a presumption rather than a deadline.
- What qualifies as a lemon in California?
- What is “substantial impairment” under California Lemon Law?
- What is the Song-Beverly Consumer Warranty Act?
- Do I need an 18-month / 18,000-mile timeline to have a case?
What qualifies as a lemon in California?
Under the Song-Beverly Consumer Warranty Act, a vehicle may be a lemon if it has a defect that substantially impairs its use, value, or safety and the manufacturer cannot fix it within a reasonable number of attempts. What we care about is whether the defect first occurred during the original manufacturer warranty. Manufacturers sometimes push an 18-month / 18,000-mile story online. That window is not required to have a case, and it does not decide whether you have a good case.
Key points
- The key question is whether the defect first occurred during the original manufacturer warranty.
- An 18-month / 18,000-mile timeline is not required to have a case.
- Repeat repairs or time in the shop help show the manufacturer has not cured the problem.
- A CLINE APC attorney can review your repair history for free.
Read the statute
What is “substantial impairment” under California Lemon Law?
Substantial impairment means a defect that significantly affects the vehicle’s use, value, or safety. Examples courts and manufacturers often recognize include repeated engine or transmission failures, chronic stalling, brake or steering problems, persistent electrical failures that leave the car unreliable, and safety systems that fail intermittently. Cosmetic issues alone usually do not qualify unless they also affect safety or resale value in a meaningful way.
Key points
- The defect must meaningfully affect use, value, or safety, not minor annoyances.
- Safety-related defects can support a claim with fewer repair visits.
- Document how the problem affects your daily driving and costs.
What is the Song-Beverly Consumer Warranty Act?
The Song-Beverly Consumer Warranty Act is California’s primary Lemon Law statute (California Civil Code sections 1790 et seq.). It requires manufacturers to honor express and implied warranties on consumer goods, including motor vehicles sold or leased in California. When a warranted defect cannot be repaired after a reasonable number of attempts, the manufacturer must offer a buyback, replacement, or cash settlement. Civil Code section 1794(d) awards costs and attorney fees to a buyer who prevails, if a lawyer represents the buyer.
Read the statute
Do I need an 18-month / 18,000-mile timeline to have a case?
No. An 18-month / 18,000-mile timeline is not required to have a California Lemon Law case. Manufacturers have pushed a lot of false information online about that window. What we care about is whether the defect first occurred during the original manufacturer warranty. A CLINE APC attorney can sort out the timeline with your repair history.
Have a question we didn’t answer? Ask an attorney in a free case review.