California Lemon Law: Do You Qualify?

California lemon law at a glance

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The Tanner presumption applies if one of its events occurs "within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first" (§ 1793.22(b)). The refund-or-replace duty itself states no period: "after a reasonable number of attempts" (§ 1793.2(d)(2)). A written warranty period is tolled while the vehicle is in for warranty repair (§ 1795.6).

Covered vehicles

A new motor vehicle bought or used primarily for personal, family, or household purposes, with no weight limit. A vehicle bought or used primarily for business is covered only if it has a gross vehicle weight under 10,000 pounds and not more than five motor vehicles are registered to the buyer in California. A motor home's chassis and propulsion portion are covered, not the part built for human habitation. Dealer-owned vehicles and demonstrators sold with a manufacturer's new car warranty are covered; motorcycles and vehicles used exclusively off the highways are not "new motor vehicles" (§ 1793.22(e)(2)). Motorcycles, travel trailers and the living portion of a motor home fall under the general replace-or-reimburse rule of § 1793.2(d)(1).

Repair attempts

The presumption arises after four or more repairs of the same nonconformity by the manufacturer or its agents, or two or more repairs if the nonconformity results in a condition likely to cause death or serious bodily injury if the vehicle is driven. Both also require that the buyer has at least once directly notified the manufacturer of the need for the repair (§ 1793.22(b)(1)-(2)). A "nonconformity" is one "which substantially impairs the use, value, or safety" of the vehicle (§ 1793.22(e)(1)). Outside the presumption the number of attempts is not defined.

Days out of service

More than 30 calendar days in total, since delivery, out of service by reason of repair of nonconformities by the manufacturer or its agents (§ 1793.22(b)(3)). The 30-day limit "shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents". The 30-day presumption has no notice requirement.

Written notice

The buyer must directly notify the manufacturer for the four-repair and two-safety-repair presumptions "only if the manufacturer has clearly and conspicuously disclosed" the requirement with the warranty or the owner's manual, and must send it to the address specified there (§ 1793.22(b)(3)). The Act "does not require consumers to take any affirmative steps to secure relief" other than permitting the manufacturer a reasonable opportunity to repair (Krotin v. Porsche, 1995). A written request that the manufacturer comply, served after the presumption events, is what keeps the civil penalty of § 1794(e) available.

What you get back

The buyer may elect restitution in lieu of replacement. Restitution is the actual price paid or payable, including transportation and manufacturer-installed options (not items installed by a dealer or the buyer), plus collateral charges such as sales or use tax, license, registration and other official fees, plus incidental damages such as reasonable repair, towing and rental car costs. The manufacturer may reduce it by the price times the miles driven before the first delivery for correction of the problem, divided by 120,000 (§ 1793.2(d)(2)). A court may add a civil penalty of up to two times actual damages for a willful failure (§ 1794(c)) or, after the buyer serves written notice and absent a qualified dispute process, for a violation of § 1793.2(d)(2) (§ 1794(e)); a prevailing buyer recovers attorney's fees based on actual time expended (§ 1794(d)).

Used vehicles and leases

A used vehicle is a "new motor vehicle" only if a manufacturer's new car warranty was issued with the sale; the unexpired balance of the first owner's warranty does not qualify (Rodriguez v. FCA US, 2024). A seller that gives an express warranty with used goods has "the same" obligation as a manufacturer (§ 1795.5). A lessee of a new motor vehicle is a buyer (§ 1793.2(d)(2)(D)) with the same rights against the manufacturer (§ 1795.4(b)); a lease is a contract for a term exceeding four months (§ 1791(g)). A buyer must buy from a person engaged in the business of selling at retail (§ 1791(b)), so a private sale is outside the Act.

Where and when to file

The Act applies to a vehicle bought in California (Cummins v. Superior Court, 2005); a member of the Armed Forces stationed in or a resident of California is covered wherever the vehicle was bought (§ 1795.8). The Act has no limitation period of its own, so the four years of Commercial Code § 2725 apply (Mexia v. Rinker Boat, 2009). A manufacturer that elected the procedure of Code of Civil Procedure § 871.20 et seq. is held to one year after the express warranty expires and six years after original delivery (§ 871.21).

California lemon law: frequently asked questions

How many repair attempts does the California lemon law require?

The statute requires "a reasonable number of attempts" and defines no number outside the Tanner presumption. The presumption applies after four or more repairs of the same defect, or two or more for a defect likely to cause death or serious bodily injury, if the buyer has at least once directly notified the manufacturer where the warranty or owner's manual required it, or after more than 30 calendar days out of service. These must occur within 18 months or 18,000 miles of delivery to you, and the presumption is rebuttable.

Does the California lemon law cover used cars?

Only if a manufacturer's new car warranty was issued with the sale, as with a demonstrator or dealer-owned vehicle sold with one. In Rodriguez v. FCA US (2024) the Supreme Court held that a vehicle bought with the unexpired balance of the manufacturer's new car warranty does not qualify. Used goods sold with the seller's express warranty are covered by § 1795.5, which makes the seller's obligation the same as a manufacturer's.

What can I recover in a California lemon law buyback?

A buyer who elects restitution recovers the actual price paid or payable, including transportation and manufacturer-installed options, plus sales or use tax, license, registration and other official fees and incidental damages, less the amount directly attributable to use before the first delivery for correction of the problem (price times miles divided by 120,000). Only the initial registration fee is a collateral charge (Kirzhner, 2020). A court may add a civil penalty of up to two times actual damages in the cases § 1794(c) and (e) describe, and a prevailing buyer's attorney's fees are recoverable under § 1794(d).

Does the lemon law apply if I bought the car outside California?

Generally no. The refund-or-replace provisions apply to vehicles sold in California (Cummins v. Superior Court, 2005), even if the vehicle is later registered here. A member of the Armed Forces who was stationed in or a resident of California when buying, or when filing, is covered wherever the vehicle was bought (§ 1795.8).

How long do I have to file a California lemon law claim?

The Song-Beverly Act has no limitation period of its own, and the four years of Commercial Code § 2725 apply, generally from delivery (Mexia v. Rinker Boat, 2009). If the manufacturer elected the procedure of Code of Civil Procedure § 871.20 et seq., the action must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling (§ 871.21). The 18-month / 18,000-mile figures are not a filing deadline. An attorney can confirm how the deadline runs on your facts.

Statutes cited on this page

• Cal. Civ. Code § 1793.2(d)(2) (Song-Beverly Consumer Warranty Act: replace or make restitution)
• Cal. Civ. Code § 1793.22(b) (Tanner Consumer Protection Act presumption)
• Cal. Civ. Code § 1793.22(e)(2) ("new motor vehicle" for § 1793.2(d)(2) and the Tanner presumption)
• Cal. Civ. Code § 1793.2(d)(2)(B) and (C) (restitution: the actual price paid or payable and collateral charges, less the amount directly attributable to use)
• Cal. Civ. Code § 1795.5 (used consumer goods sold with an express warranty)
• Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189
• Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478
• Krotin v. Porsche Cars North America, Inc. (1995) 38 Cal.App.4th 294
• Kirzhner v. Mercedes-Benz USA, LLC (2020) 9 Cal.5th 966
• Cal. Com. Code § 2725 (four-year limitation for a breach of a contract for sale)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.