California Lemon Law: Do You Qualify?
Under the Song-Beverly Consumer Warranty Act.
California's lemon law, the Song-Beverly Consumer Warranty Act, requires the manufacturer to replace your vehicle or refund your money when it cannot repair a warranty-covered defect after a reasonable number of attempts. A statutory presumption helps you if the trouble starts within 18 months or 18,000 miles of delivery, but claims outside that window can still succeed when the defect arose during the warranty period. If your car keeps going back to the shop for the same problem, you may qualify; the free checker below applies California's rules to your answers in minutes.
California lemon law at a glance
- Coverage window
- The statutory presumption applies when the triggers occur within 18 months of delivery or 18,000 miles, whichever comes first. Outside that window you can still prove a reasonable number of attempts as a question of fact, so long as the defect arose during the warranty period.
- Repair attempts
- 4 or more attempts for the same defect, or 2 or more attempts if the defect is likely to cause death or serious bodily injury.
- Days out of service
- 30 or more cumulative calendar days out of service for repair of warranty-covered defects.
- Written notice
- Direct written notice to the manufacturer is required to invoke the presumption only if the manufacturer clearly disclosed that requirement in the warranty or owner's manual. It is not a prerequisite to the underlying Song-Beverly claim.
- Used vehicles
- Sharply narrowed after Rodriguez v. FCA US (2024): a used vehicle qualifies for the refund-or-replace remedy only if a manufacturer's new-car warranty was issued with the sale. The unexpired balance of the original warranty, a CPO warranty, or a dealer warranty is not enough.
Check your California eligibility now
Free, anonymous, and specific to California. Answer a few questions about your vehicle and repair history to see whether you may qualify.
California lemon law: frequently asked questions
- How many repair attempts does the California lemon law require?
- California presumes a reasonable number of attempts after 4 or more repairs for the same defect, or just 2 if the defect is likely to cause death or serious bodily injury. The presumption also applies if the vehicle has been out of service more than 30 cumulative days for warranty repairs. All of these triggers must occur within 18 months or 18,000 miles of delivery for the presumption to apply.
- Does the California lemon law cover used cars?
- Only narrowly. After the 2024 Rodriguez v. FCA US decision, a used vehicle qualifies for the refund-or-replace remedy only when a manufacturer's new-car warranty was issued with the sale. A car sold with only the remaining balance of the original warranty, a CPO warranty, or a dealer warranty does not qualify, though the federal Magnuson-Moss Warranty Act may still offer a parallel path.
- What can I recover in a California lemon law buyback?
- A qualifying buyer chooses between a replacement vehicle and restitution: the price paid plus collateral charges such as taxes, registration, and finance charges, minus a statutory mileage offset. If the manufacturer acted willfully, a court can add a civil penalty of up to two times actual damages, and a prevailing buyer's attorney fees are paid by the manufacturer.
- Does the lemon law apply if I bought the car outside California?
- Generally no. The Song-Beverly Act covers vehicles sold in California, and under Cummins v. Superior Court (2005) the purchase location controls, so an out-of-state purchase is generally not covered even if you later register the car in California. Other claims, such as Magnuson-Moss, may still be available.
- How long do I have to file a California lemon law claim?
- Warranty claims in California carry a 4-year statute of limitations. The 18-month / 18,000-mile figures are not a filing deadline; they only define when the statutory presumption of a reasonable number of repair attempts applies. An attorney can confirm how the deadline runs on your facts.
Think you qualify? Estimate your refund with the California lemon law calculator →
Statutes cited on this page
- Cal. Civ. Code § 1793.2(d)(2) (Song-Beverly Consumer Warranty Act)
- Cal. Civ. Code § 1793.22(b) (Tanner Consumer Protection Act presumption)
- Rodriguez v. FCA US, LLC (Cal. 2024)
- Cummins, Inc. v. Superior Court, 36 Cal. 4th 478 (2005)
- Cal. Com. Code § 2725 (UCC § 2-725 four-year warranty statute of limitations)
This page summarizes the statute in plain language and is not legal advice. The linked official text controls.