How The California Lemon Law Works

What is California Lemon Law?

The California lemon law was enacted to protect consumers from manufacturers or dealerships selling faulty vehicles. Also known as the Song-Beverly Consumer Warranty Act, the law allows Californians to seek compensation for money lost buying the car and for other expenses stemming from the lemon.

In most cases, the manufacturer must either buy back the defective vehicle or provide a replacement vehicle.

How Does Lemon Law Work in California?

California’s lemon law primarily covers new and leased vehicles. A certified pre-owned (CPO) car is usually outside the new-vehicle remedy. The California Supreme Court did not rule on certified pre-owned programs in Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189, so the point is unsettled.

To start the lemon law process, your vehicle must meet the state’s qualifications. These include:

• The vehicle has a “defect” that substantially impairs its use, value, or safety; and
• The manufacturer or dealership has attempted to repair the vehicle a minimum of two times with no success; or
• The vehicle has been in the shop for 30 or more days for repairs - consecutively or not.
• Finally, the defect was not the result of unauthorized use of the vehicle.

If your vehicle meets these qualifications, get in touch with a lemon law assistance attorney. Their office will guide you on how lemon law works and what the next steps are. Talk to our team to determine if your car qualifies as a lemon under California law.

What Vehicle Types Does California’s Lemon Law Cover?

California’s Lemon Law may apply to various vehicle types when they are purchased new or leased new. These include:

• Motorhomes
• Recreational Vehicles

Note: Standard used vehicles bought from third-party dealers or with only the remaining original factory warranty are generally not eligible for a manufacturer buyback under recent court rulings.

What am I entitled to?

California lemon law holds manufacturers to the terms of their warranties, which include:

• Providing adequate repair facilities that are easily accessible to consumers.
• Making a reasonable number of repair attempts (typically two to four times, depending on the defect).
• Addressing situations where the vehicle is out of service for a cumulative total of 30 or more days for repairs.

If your vehicle meets lemon law CA requirements, you are entitled to:

• A full buyback (refund) for the purchase price paid for the vehicle, minus a mileage offset.
• Alternatively, you can request to receive a replacement vehicle or one of similar value.
• All official costs associated with the vehicle (sales tax, registration, etc.).
• Coverage for all incidental expenses (towing fees, cab fares, hotel stays, etc.).
• Costs and reasonable attorney fees, if you prevail and a lawyer represents you (Civil Code section 1794, subdivision (d)).

Start With a Free Case Review

When you contact CLINE APC, you get a free case review, and the firm charges no upfront fees.

Civil Code section 1794, subdivision (d), awards costs and reasonable attorney fees to a buyer who prevails, if a lawyer represents the buyer. The firm explains its attorney fee arrangement at the first meeting. No one can promise a particular outcome.

Do you have questions about your vehicle’s qualifications or how lemon law works in California?

Contact one of our California lemon law lawyers today. Mr. Cline or one of his team members will happily assist.

Call 888.982.6915 or email info@clineapc.com for your free case review.

You can also fill out our case evaluation form online, and we’ll reach out as soon as possible.