Last verified: February 2026
Key Points
- Primary Law: Song-Beverly Consumer Warranty Act (California Civil Code § 1790-1795.8)
- Coverage: New and used vehicles sold or leased with manufacturer warranty
- Presumption: 4+ repair attempts OR 30+ days out of service within 18 months/18,000 miles
- Remedies: Full refund or replacement vehicle at consumer’s choice
- 2025 Update: AB 1755 requires written notice to manufacturer before filing lawsuit
- Attorney Fees: Manufacturer pays consumer’s attorney fees if consumer prevails
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to repair after reasonable attempts | Refund or replacement | Civil penalty up to 2x damages if willful |
| Failure to comply with AB 1755 notice requirements | Claim may proceed to court | Attorney fees and costs |
| Willful violation of Song-Beverly Act | Actual damages | Penalty up to 2x actual damages |
Table of Contents
📑 Table of Contents (click to expand)
- The Song-Beverly Consumer Warranty Act
- What Vehicles Are Covered
- California’s Lemon Law Presumption
- 2025 Changes Under AB 1755
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Manufacturer Defenses
- Used Vehicle Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
The Song-Beverly Consumer Warranty Act
California’s lemon law, officially known as the Song-Beverly Consumer Warranty Act (California Civil Code §§ 1790-1795.8), provides some of the strongest consumer protections in the United States for buyers and lessees of defective vehicles. First enacted in 1970 and significantly strengthened over the decades, the law requires manufacturers to repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts.
The Song-Beverly Act works in conjunction with the Tanner Consumer Protection Act (Civil Code § 1793.22), which establishes the specific presumption standards for motor vehicles. Together, these statutes give California consumers powerful tools to seek relief when stuck with a “lemon.”
Unlike many states where lemon laws only cover new vehicles, California’s protections extend to used vehicles that are still covered by the manufacturer’s original warranty or a certified pre-owned warranty. This broader coverage reflects California’s commitment to consumer protection.
What Vehicles Are Covered
California’s lemon law covers a wide range of vehicles purchased or leased in the state, provided they come with a manufacturer’s warranty. Understanding which vehicles qualify is essential before pursuing a claim.
Covered Vehicle Types
- New passenger cars: Sedans, coupes, hatchbacks, and similar vehicles
- Trucks and SUVs: Pickup trucks, sport utility vehicles, and crossovers
- Vans and minivans: Including passenger and cargo configurations
- Motorcycles: Street-legal motorcycles with manufacturer warranties
- Motorhomes: The chassis and drivetrain components (living quarters may have separate coverage)
- Electric vehicles: Including battery electric vehicles (BEVs) and plug-in hybrids (PHEVs)
- Dealer demonstrators: Demo vehicles with remaining warranty coverage
Vehicles Not Covered
- Vehicles purchased primarily for business purposes by companies with more than five vehicles
- Off-road vehicles not designed for highway use
- Boats and watercraft
- Vehicles sold “as is” without any warranty
- Vehicles with expired warranties and no remaining coverage
California’s Lemon Law Presumption
Under Civil Code § 1793.22, California law creates a “presumption” that a vehicle is a lemon if certain conditions are met within the first 18 months of ownership or 18,000 miles on the odometer, whichever occurs first. When this presumption applies, the burden shifts to the manufacturer to prove the vehicle is not defective.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 4 or more attempts | Same nonconformity must substantially impair use, value, or safety |
| Safety Defect Repairs | 2 or more attempts | For defects likely to cause death or serious bodily injury |
| Days Out of Service | 30 or more cumulative days | Vehicle unavailable due to repair attempts for any covered defects |
| Timeframe | Within 18 months or 18,000 miles | Whichever comes first from date of delivery |
Important: The presumption is a tool to help consumers, but it is not the only path to relief. Even if the presumption does not apply, you may still have a valid lemon law claim if you can prove the manufacturer failed to repair a substantial defect after a reasonable number of attempts.
What Qualifies as a “Substantial” Defect?
Not every problem with your vehicle triggers lemon law protection. The defect must “substantially impair” the vehicle’s use, value, or safety. Examples include:
- Engine or transmission failures that affect drivability
- Brake system malfunctions
- Steering problems that create safety hazards
- Electrical system failures affecting critical components
- Airbag or safety restraint system defects
- Persistent check engine lights indicating serious issues
- Battery or charging system failures in electric vehicles
Minor issues like squeaks, rattles, or cosmetic defects typically do not qualify unless they significantly affect the vehicle’s value or your ability to use it safely.
2025 Changes Under Assembly Bill 1755
Effective January 1, 2025, Assembly Bill 1755 introduced significant procedural changes to California’s lemon law. These changes were enacted in response to a surge in lemon law filings, which increased from approximately 15,000 cases in 2022 to over 25,000 in 2024, straining the court system.
Key Changes Under AB 1755
1. Mandatory Written Notice Requirement
Before filing a lawsuit, consumers must now provide written notice to the manufacturer, giving them a final opportunity to resolve the dispute. This notice must include:
- A description of the defect or nonconformity
- The vehicle identification number (VIN)
- Documentation of repair attempts
- The consumer’s desired remedy (refund or replacement)
The manufacturer then has 60 days to respond and attempt to resolve the claim. If they fail to do so, the consumer may proceed with litigation.
2. Stricter Statute of Limitations
AB 1755 clarifies the timeline for filing claims:
- One year after the warranty expires, OR
- Six years from the original purchase or delivery date, whichever is earlier
3. Settlement Payment Requirements
If the manufacturer agrees to settle within the 60-day notice period, they must follow specific payment timelines outlined in the law. Failure to comply with these requirements may result in additional penalties.
4. Used Vehicle Clarifications
The law now provides clearer guidance on used vehicle coverage, specifying that vehicles must still be under the original manufacturer’s warranty or a certified pre-owned warranty to qualify for lemon law protection.
Consumer Remedies: Refund vs. Replacement
When a vehicle qualifies as a lemon under California law, the consumer has the right to choose between two remedies: a full refund (known as a “buyback”) or a replacement vehicle.
Option 1: Vehicle Buyback (Refund)
Under Civil Code § 1793.2(d)(2), the manufacturer must refund:
- Full purchase price: Including sales tax
- Finance charges: Interest and fees paid on the loan
- Registration and license fees: DMV costs associated with the vehicle
- Incidental damages: Towing costs, rental car expenses, repair costs paid out of pocket
- Loan payoff: Direct payment to the lender to satisfy the loan balance
Usage Deduction: The manufacturer may deduct a reasonable amount for the miles you drove before the first repair attempt for the defect. This is calculated using the formula:
Usage Deduction = (Purchase Price × Miles at First Repair) ÷ 120,000
Option 2: Replacement Vehicle
Instead of a refund, you may request a replacement vehicle that is:
- Substantially identical to the original vehicle
- Acceptable to the consumer
- Accompanied by all applicable warranties
The manufacturer must also reimburse incidental costs and cannot require you to pay any additional fees beyond the usage deduction.
How to File a Lemon Law Claim in California
Filing a successful lemon law claim requires careful documentation and adherence to proper procedures, especially following the 2025 AB 1755 changes.
Step 1: Document Everything
- Keep all repair orders and invoices
- Note the dates your vehicle was in the shop
- Document the symptoms you experienced
- Save all correspondence with the dealer and manufacturer
- Take photos or videos of defects when possible
Step 2: Allow Reasonable Repair Attempts
Give the manufacturer a reasonable opportunity to fix the problem. For most defects, this means at least four repair attempts. For safety defects, two attempts may be sufficient.
Step 3: Send Written Notice (Required Under AB 1755)
Before filing a lawsuit, send a formal written notice to the manufacturer’s designated address. Include:
- Your name and contact information
- Vehicle information (year, make, model, VIN)
- Description of the defect
- Repair history summary
- Your requested remedy
Step 4: Wait for Manufacturer Response
The manufacturer has 60 days to respond and attempt to resolve your claim. They may offer to:
- Make additional repair attempts
- Offer a buyback or replacement
- Propose a settlement
Step 5: Consider Arbitration or Litigation
If the manufacturer fails to resolve your claim satisfactorily, you may:
- Use manufacturer arbitration: Many manufacturers offer arbitration programs certified by the California Department of Consumer Affairs
- File a lawsuit: You can sue the manufacturer in court. If you prevail, the manufacturer must pay your attorney fees
Manufacturer Defenses
Manufacturers may raise several defenses to avoid lemon law liability. Understanding these defenses can help you build a stronger case.
Common Manufacturer Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Owner abuse or neglect | Defect caused by consumer misuse | Provide maintenance records showing proper care |
| Unauthorized modifications | Aftermarket parts caused the problem | Show defect existed before modifications or is unrelated |
| Defect does not substantially impair | Problem is minor or cosmetic | Document how defect affects safety, use, or value |
| Insufficient repair attempts | Consumer did not allow enough attempts | Show repair history meets presumption requirements |
| Statute of limitations expired | Claim filed too late | Verify claim is within warranty period plus applicable deadlines |
Used Vehicle Protections
California’s lemon law can protect used vehicle buyers, but the coverage depends on the warranty status at the time of purchase.
Used Vehicles Covered
- Vehicles with remaining manufacturer warranty: If the original warranty is still active, you have the same protections as a new car buyer
- Certified Pre-Owned (CPO) vehicles: CPO warranties from the manufacturer qualify for lemon law protection
- Dealer-backed warranties: Extended service contracts may provide some coverage, but typically not under the Song-Beverly Act
Used Vehicles Not Covered
- Vehicles sold “as is” with no warranty
- Vehicles with expired manufacturer warranties
- Private party sales without warranty transfers
The 2025 AB 1755 changes clarified that used vehicle buyers must have active manufacturer or CPO warranty coverage to pursue lemon law claims.
Electric Vehicle Considerations
Electric vehicles (EVs) present unique lemon law considerations due to their complex battery systems and electronic components.
Common EV Defects That May Qualify
- Battery degradation beyond normal parameters
- Charging system failures
- Range significantly below manufacturer specifications
- Software glitches affecting vehicle operation
- Electric motor malfunctions
- Thermal management system failures
EV-Specific Challenges
EV owners may face unique challenges in lemon law cases:
- Software updates: Manufacturers may argue over-the-air updates resolved the issue
- Battery warranties: Separate battery warranties may complicate coverage analysis
- Dealer expertise: Some dealers may lack EV-specific training, affecting repair attempts
- Documentation: Software issues may be harder to document than mechanical problems
Statute of Limitations
Understanding the deadlines for filing a lemon law claim is critical, especially following the AB 1755 changes.
Current Deadlines (Effective 2025)
- Within warranty: Claims should be initiated while the warranty is active
- After warranty expires: You have one year from warranty expiration to file
- Maximum period: No claim may be filed more than six years from the original purchase or delivery date
Important: The 60-day notice period required by AB 1755 counts against these deadlines, so send your written notice promptly.
Frequently Asked Questions
How many repair attempts does California require before a vehicle is considered a lemon?
Under the lemon law presumption, a vehicle may qualify as a lemon after four or more repair attempts for the same substantial defect, or two attempts for a safety defect likely to cause death or serious injury. Alternatively, if the vehicle has been out of service for 30 or more cumulative days for repairs, it may also qualify. These conditions must occur within the first 18 months or 18,000 miles.
Do I need a lawyer to file a California lemon law claim?
While you can pursue a claim without an attorney, having legal representation significantly improves your chances of success. Under California law, if you prevail in a lemon law case, the manufacturer must pay your attorney fees, so most lemon law attorneys work on a contingency basis with no upfront cost to you.
Can I get a refund for a leased vehicle under California’s lemon law?
Yes, leased vehicles are covered under California’s lemon law. If your leased vehicle qualifies as a lemon, you may be entitled to a refund of all lease payments made, plus your security deposit and any fees. The lease will be terminated, and you will not owe any remaining payments.
Does California’s lemon law cover used cars?
California’s lemon law covers used cars that are still under the original manufacturer’s warranty or a certified pre-owned warranty at the time of purchase. Vehicles sold “as is” or with only a dealer warranty are generally not covered.
What is the usage deduction in a California lemon law buyback?
The usage deduction is an amount the manufacturer may subtract from your refund to account for the miles you drove before the first repair attempt for the defect. It is calculated by multiplying the purchase price by the miles driven, then dividing by 120,000. For example, if you paid $40,000 and drove 5,000 miles before the first repair attempt, the deduction would be approximately $1,667.
What happens if the manufacturer ignores my lemon law notice?
If the manufacturer fails to respond to your written notice within 60 days or does not adequately address your claim, you may proceed with filing a lawsuit. The manufacturer’s failure to respond in good faith may be used as evidence in your case and could result in additional penalties.
Are electric vehicles covered under California’s lemon law?
Yes, electric vehicles are fully covered under California’s lemon law. Battery defects, charging issues, range problems, and software malfunctions that substantially impair the vehicle’s use, value, or safety may all qualify for lemon law relief.
Resources and Legal Help
Official Resources
- Song-Beverly Consumer Warranty Act (Full Text)
- California Department of Consumer Affairs: Arbitration Certification Program
- AB 1755 Lemon Law Procedures
- California Attorney General: Lemon Law Guide