Lemon Law Rights Explained
Dealing with a car that won’t quit needing repairs is beyond frustrating—it’s stressful, time‑consuming, and potentially dangerous.
That’s where California’s Lemon Law steps in.
At The Lemon Lawyer, we simplify your rights and guide you through every step of protecting yourself and your investment.
Who Qualifies for Protection?
Eligible Individuals
You may qualify if you:
- Leased or purchased under the manufacturer's new vehicle warranty. This applies to both new and used vehicles, but only if they are still under that original warranty.
- Are a California resident or active-duty military stationed in California at the time of purchase or lease—even if the vehicle was bought or registered out of state.
Eligible Vehicles
Covered vehicles include:
- Cars, pickup trucks, vans, SUVs, and motor home chassis, chassis cabs, and drivetrains.
- Dealer-owned and demonstrator vehicles.
- Vehicles leased or purchased for business—with certain limitations.
Note: Off-road, non-registered, and vehicles sold in “as-is” condition without warranty are excluded.
When Does the Law Consider Your Vehicle a “Lemon”?
California's Lemon Law presumes your vehicle is a lemon under certain conditions—if all of the following factors first apply:
- The issue surfaced within 18 months of delivery or 18,000 miles, whichever comes first.
- The problem is covered under warranty and reduces the vehicle’s safety, use, or value, and wasn’t caused by misuse.
- You’ve formally notified the manufacturer of the issue, if required—ideally in writing.
At least one of the following conditions must also apply:
- You have made four or more repair visits for the same issue.
- Two or more repair attempts have been made for severe defects that can cause serious injury or death.
- The vehicle has spent 30 or more cumulative days in the shop for warranty repairs.
Even if these thresholds aren’t met, you may still have a case if the average consumer would consider the repair history unreasonable.
What Remedies Are Available?
If your vehicle qualifies, you could be entitled to:
- Refund (repurchase)—including your payments, down payment, and outstanding payments, minus a statutory usage deduction.
- Replacement vehicle—with both you and the manufacturer agreeing.
- Cash settlement—in some cases (e.g., civil penalty for knowing violations)
If you win, the manufacturer must pay your legal fees—you won't pay out of pocket.
Navigating Arbitration vs. Court
Arbitration
Many automakers offer state-certified arbitration via the Department of Consumer Affairs’ Arbitration Certification Program (ACP). Arbitration is free, informal, and often fast, with decisions typically arriving within 40 days. Manufacturers must comply within 30 days if you accept the outcome.
Outcomes can include repair, refund, replacement, or compensation for incidental expenses like towing or rental cars.
However, arbitration isn’t always the best option for consumers. Programs are funded by manufacturers, and while decisions must be impartial, it is wise to speak with an experienced Lemon Law attorney who can review your case and advise whether arbitration or litigation is the better route.
Court (Litigation)
If arbitration isn't available or successful, you can file a lawsuit.
The Lemon Lawyer handles litigation at no charge to the consumer, as manufacturers cover fees.
The Lemon Lawyer handles litigation at no charge to the consumer, as manufacturers cover fees. Litigation may also indirectly pressure manufacturers into settling in your favor.
With legal representation, you gain a stronger position:
- No cost to you: If you win, manufacturers are required to pay your attorney’s fees.
- Higher leverage: Lawsuits often encourage faster, more favorable settlements.
- Peace of mind: An experienced Lemon Law attorney can navigate the process, handle negotiations, and protect your rights from start to finish.
We work with clients from Bakersfield, Berkeley, Fresno, Long Beach, Oakland, Sacramento, San Diego, San Jose, and the entire state of California.
Important Legal Updates & Context
A 2024 Supreme Court ruling clarified that used vehicles may no longer be covered simply because they're under warranty—only warranties from the point of purchase now count.
New reforms effective in 2025 have changed procedural timelines and consumer protections, potentially limiting claim availability—legislative refinements are in progress.
Your Rights, Your Remedies
Under the Song-Beverly Consumer Warranty Act (a.k.a. California Lemon Law), consumers are protected—armed with rights and pathways to justice if their vehicles fail them. At The Lemon Lawyer, we stand ready to ensure those rights aren't ignored or dismissed.
Quick Reference Guide
Act Today!
Don’t let a troublesome vehicle disrupt your life. Contact us now or visit our site for a free, confidential case review. Let's fight to get you the resolution you deserve.