We handle cases across the United States. Allen Stewart is licensed to practice law in Texas, California, New York, Pennsylvania, Missouri, North Carolina, Ohio and Arizona.
Lemon Law Attorneys California
Work with the top-rated lemon law and consumer protection lawyers in California
Understanding California Lemon Law
The California lemon law is part of the Song-Beverly Consumer Warranty Act (Song-Beverly Act), which applies to all retail consumer goods sold in California that are covered by implied or written express warranties.
The law’s core mission is to hold manufacturers accountable when a vehicle fails to meet expected standards of quality, safety, or performance despite reasonable repair efforts. It’s designed to compel manufacturers to either fix the problem or provide a fair remedy.
Song-Beverly says that every sale of retail consumer goods in California must be accompanied by both an implied warranty of merchantability and an implied warranty of fitness.
An “implied warranty of merchantability” means a product should work as expected. For example, if you buy a new car, it is expected to start, safely convey you from one point to another, and then stop. If a car dealership sells you a brand-new vehicle that fails to do any of these things, they have breached the implied warranty of merchantability.
An “implied warranty of fitness,” often called an “implied warranty of fitness for a particular purpose,” is a warranty implied by law stating if a seller knows or has reason to know of a particular purpose for which the good is being purchased by the buyer, the seller is guaranteeing that the good is fit for that particular purpose. For example, if you buy a truck with the intent of hauling materials or towing trailers and the seller guarantees the truck can do those things, an implied warranty of fitness for a particular purpose is created.
Song-Beverly states that if a manufacturer has provided express warranties for goods sold in California, they must maintain sufficient service and repair facilities in the state or authorize independent repair and service facilities to fulfill the terms of their warranties.
What Vehicles are Covered Under the California Lemon Law?
- New car lemon law protections: The lemon law covers new cars, trucks, SUVs, motorcycles, and certain recreational vehicles purchased or leased for personal use.
- Some used cars: These are newly affected under recent California lemon law updates. Please see our section below “Latest California Lemon Law Updates.”
- Certain business vehicles: under 10,000 lbs., as long as the business owns five or fewer vehicles.
California’s Criteria for a Lemon Vehicle
The Tanner Act defines a “non-conformity” as a problem or defect that substantially impairs the use, market value or safety of the motor vehicle to the buyer or lessee.
The Tanner Act defines a “non-conformity” as a problem or defect that substantially impairs the use, market value or safety of the motor vehicle to the buyer or lessee.
A vehicle qualifies if it has a substantial defect (“non-conformity”) that affects its use, value, or safety, and that defect persists after a reasonable number of repair attempts. “Substantial” is the key word here; it’s not about minor annoyances, but rather serious issues, like a failing transmission or brakes that don’t respond reliably.
Per the California law, a car is considered a lemon if the following criteria are met within 18 months of the car’s delivery to the buyer or 18,000 miles on the vehicle’s odometer, whichever comes first:
The law doesn’t specify an exact number of repair attempts, instead leaving room for flexibility based on the defect’s severity. For instance, a dangerous safety issue might qualify as a lemon after just two failed fixes, while a less critical problem might require four or more attempts. Another trigger is if the vehicle has been out of commission for repairs for 30 days or more in total, even if those days aren’t consecutive.
Important point: The defect must occur and be reported while the warranty is active.
Filing a Lemon Law Claim in California
Start by notifying the manufacturer in writing about the defect, giving them one last chance to fix it. If the problem persists after a reasonable number of repair attempts, you can formally demand a refund or replacement.
Collect all relevant paperwork: repair records, your warranty details, and any emails or letters you’ve exchanged with the manufacturer or dealer.
Current California statute of limitations is one year after the warranty expires, or six years after the purchase date of the vehicle.
California consumers with warrantied vehicle problems would be well served to contact a law firm for a consultation on what their next step should be, whether it be going through with arbitration or proceeding to trial.
Remedies Under California’s Lemon Law
If your vehicle meets the lemon criteria, California law gives you two options: a replacement vehicle or a refund.
A refund means getting back your purchase price, plus registration fees, taxes, and finance charges, minus a small deduction for the miles you’ve driven.
If you choose a replacement, the manufacturer must provide a vehicle that’s essentially the same as your original.
For leased vehicles, you’d recover your lease payments and down payment. You may also be able to recoup finance charges, taxes and other fees.
Manufacturers are required to deliver on this promise quickly and efficiently. California law allows for civil penalties and reimbursement of your legal fees if the manufacturer acts in bad faith, like refusing to acknowledge a valid claim.
What About Arbitration?
Arbitration is not required in California, but consumers can opt to use it. Many vehicle manufacturers offer an arbitration process to California consumers. In an arbitration, a neutral third party (an arbitrator) decides whether a reasonable number of repair attempts have been made and what award, if any, should be granted to the consumer. If the consumer accepts the arbitrator’s decision, the manufacturer agrees to comply with it. The consumer is not required to accept the arbitrator’s decision, but it is binding on the manufacturer should the consumer accept the decision. Arbitration is free and funded by the participating manufacturers.
Where the lemon law fails to protect you, the federal Magnuson-Moss Warranty act can. While the state law’s protection expires 18 months after the vehicle’s delivery or after 18,000 miles traveled, the Magnuson-Moss Warranty Act, protects you up to four years after you buy the vehicle.
What is California’s Used Car Lemon Law?
The California lemon law specifically covers new cars bought or leased at retail. It also applies to used vehicles under certain conditions, including to Certified Pre-Owned (CPO) vehicles with manufacturers’ warranties issued at the time of purchase.
Each case is unique. With the recent updates to the state’s lemon laws, it’s vital to consult a lemon law attorney in California who can clarify your avenues to making a claim and seeking compensation.
Please note (and see the section below on Latest California Lemon Law Updates): When state lemon laws may not protect you fully (such as in the case of used cars), The Magnuson-Moss Warranty Act covers any defect that occurred within the vehicle’s manufacturer’s warranty. If you buy a used car within the manufacturer’s warranty, you may still be able to force the manufacturer to repair the problem.
Another big advantage provided by The Magnuson-Moss Warranty Act is that it allows you to recover your California lemon law lawyer’s fees from the manufacturer.
Latest California Lemon Law Updates
California is becoming more focused on its new car lemon law protections. If you have questions about how the new or used car lemon laws work in California, these points can help clarify the latest changes:
- New notification requirements state that lemon law claimants must notify manufacturers in writing 30 days before initiating legal action.
- AB 1755 mandates mediation, so now all consumers must go through this step initially, as part of the early stage of their lemon law claim.
- Understanding the new, more limited protections for used cars is an area where a California lemon law attorney will now be vital. Your lemon law lawyer will analyze your specific situation, including your warranty terms, to determine if your used vehicle may qualify as a lemon.
- Recent changes in California’s lemon laws state that now a claim must be filed one year after the warranty expires, or six years after the purchase date of the new car.
Additional lemon law update variables: There are a number of other facets to the California AB 1755 lemon law changes. Lemon law lawyers in California will ensure that your claim adheres to these new requirements and will inform you about how they affect your new or used car claim.
The lemon law in California is likely poised for more updates in the near future. Consumers can benefit from a California lemon law attorney who will track these updates and use them to help pursue compensation, holding manufacturers accountable.
California Lemon Law Representation
Allen Stewart, P.C. provides California lemon law representation to safeguard your rights. We have won many lemon law cases in California for our clients. Especially with the new lemon law changes, you have the best opportunity to gain compensation with our California lemon law lawyers fighting for your rights.
Thanks to federal law, our clients pay nothing out of pocket. Please contact us now (866-440-2460).
Navigating California’s Lemon Law
Consulting a lemon law lawyer who specializes in lemon law can be the best avenue for pursuing your claim. You can be prepared to help build your case by:
- Keeping all repair receipts, warranty documents, and telephone call records between you and the dealer and manufacturer.
- Don’t delay reporting issues; the sooner you document them, the better.
- Get familiar with your rights under the law so you’re not caught off guard.
For California residents seeking assistance with lemon law issues, you may wish to contact the California Attorney General’s Office:
- California Attorney General’s Office
This office focuses on consumer protection and can assist if you’re dealing with unfair or deceptive practices related to your new car purchase or lemon law claim.
Contact: Call 1-800-952-5225
Website: oag.ca.gov/consumers (to file a complaint online or learn more)
California Lemon Law FAQs
What is the essence of California's Lemon Law? -
The California lemon law, also known as the Song-Beverley Consumer Warranty Act, applies to all retail goods including vehicles. The law states if a company provides a warranty on a product, they are legally obligated to uphold it.
How is the Lemon Law process executed in California? +
If a vehicle sold in California undergoes four or more repair attempts for the same problem within 18 months of purchase or 18,000 miles driven or has been in the shop for repair for more than 30 days within the same time period, it is a “lemon” and eligible for lemon law remedy.
What defines a repair attempt under California's Lemon Law? +
The consumer must bring the vehicle to the dealership or authorized designated repair facility, where mechanics attempt to repair the defect.
How can I determine if my vehicle is a lemon in California? +
If you have brought the vehicle back for the same problem four or more times, or it’s been in the shop for more than 30 days, it’s likely a lemon. Contact a lemon law lawyer to be sure.
What is the time limit for initiating a Lemon Law lawsuit in California? +
Consumers must report any defects within 18 months of receiving the vehicle or before driving 18,000 miles with the vehicle.
What are the costs associated with hiring a Lemon Law attorney in California? +
Lemon law attorneys take their fees directly from the manufacturer if they prevail in court. The consumer pays nothing out of pocket.
Are used vehicles eligible for California Lemon Law protection? +
The California lemon law covers vehicles still under their original manufacturer’s warranty, which excludes most used cars.
Which types of vehicles are included under California Lemon Law? +
The California lemon law covers vehicles bought primarily for personal, family or household purposes, or vehicles with a gross vehicle weight under 10,000 pounds used primarily for business purposes.
Is arbitration a prerequisite for Lemon Law claims in California? +
The California lemon law states consumers must first attempt arbitration before pursuing further lemon law remedies.
What compensation is available through a California Lemon Law buyback? +
The lemon law in California makes manufacturers repurchasing a defective vehicle repay the vehicle’s actual price including manufacturer-installed options, sales taxes, license and registration fees, and incidental damages. “Incidental damages” include towing and repair costs as well as other finance charges. The manufacturer can, however, withhold an allowance based on the number of miles driven by the consumer before the vehicle was taken in for repair.
What about vehicles no longer under warranty? +
The California lemon law only covers vehicles still under their original manufacturer’s warranty.
Is legal representation necessary for a Lemon Law claim in California? +
Allen Stewart, attorney and owner of Allen Stewart P.C., says a consumer with an attorney backing them has an advocate throughout the claims process. They have someone on their side working for them and their best interests, who knows how the laws work and how various rules and regulations affect their claim.
“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.