California · Lemon law · Updated Oct 2026
Song-Beverly Consumer Warranty Act (Tanner Consumer Protection Act) (Cal. Civ. Code §§ 1790–1795.8, esp. §§ 1793.2(d), 1793.22, 1794, 1795.4; Cal. Code Civ. Proc. §§ 871.20–871.30) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in California, the notice you must send and what you can get back.
Within 18 months or 18,000 miles (whichever comes first), your car is presumed a lemon if: (1) a defect likely to cause death or serious injury was repaired 2 or more times; (2) the same defect was repaired 4 or more times; or (3) the car was in the shop for defects a total of more than 30 calendar days. For (1) and (2), you must have notified the manufacturer directly at least once, but only if the manufacturer clearly disclosed that requirement in the warranty or owner's manual. The defect must substantially impair the car's use, value, or safety. If the manufacturer has a state-certified arbitration program and told you about it in writing, you must use that program before you can rely on the presumption.
Period: The lemon presumption applies to problems within 18 months from delivery or 18,000 miles, whichever comes first. Beyond that, the law still protects you for the whole length of the manufacturer's original warranty if the car cannot be fixed after a reasonable number of attempts.
If the warranty or owner's manual clearly says so, you must notify the manufacturer directly (at the address it lists) at least once about the defect. To keep the right to civil penalties, send a written notice demanding repurchase or replacement after the lemon presumption arises; if your manufacturer opted into the 2025 procedures, send it at least 30 days before suing (by email to the address on the manufacturer's website, or certified or registered mail with return receipt), with your name, VIN, a short repair history, and your demand, and keep the car while you wait.
Arbitration is optional and free. Manufacturers run programs (BBB AUTO LINE, CDSP Auto Line, CAP-Motors) that the state certifies; decisions usually come within 40 days, you can accept or reject the decision, and the manufacturer must carry out an accepted decision within 30 days. You must use a certified program first only if you want to rely on the lemon presumption and the manufacturer told you about the program in writing.
You choose a refund (restitution) or a substantially identical new replacement; the manufacturer cannot force a replacement on you. A refund covers the actual price paid or payable, including transportation charges and manufacturer-installed options (but not non-manufacturer items added by the dealer or you), plus sales or use tax, license, registration, and other official fees, plus incidental costs like reasonable repair, towing, and rental car costs. The manufacturer may subtract a use offset: price × (miles before you first brought the car in for the defect ÷ 120,000). If the manufacturer willfully failed to comply, a court may add a civil penalty of up to twice your damages.
Attorney fees: Yes. If you win, the court must award your costs and attorney fees based on the time actually spent.
Deadline: If your manufacturer opted into the 2025 lemon law procedures, you must sue within 1 year after the applicable express warranty expires and no later than 6 years after original delivery, with pauses for arbitration, repair time, and up to 60 days after a pre-suit notice (Cal. Code Civ. Proc. § 871.21). Otherwise the lemon law itself states no specific deadline.
The Department of Consumer Affairs says used vehicles are covered only if the manufacturer's new-car warranty is issued with the sale (for example, dealer-owned cars and demonstrators). Other used cars are not covered by the lemon law's refund-or-replace rules.
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. If the warranty or owner's manual clearly says so, you must notify the manufacturer directly (at the address it lists) at least once about the defect. To keep the right to civil penalties, send a written notice demanding repurchase or replacement after the lemon presumption arises; if your manufacturer opted into the 2025 procedures, send it at least 30 days before suing (by email to the address on the manufacturer's website, or certified or registered mail with return receipt), with your name, VIN, a short repair history, and your demand, and keep the car while you wait. Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Within 18 months or 18,000 miles (whichever comes first), your car is presumed a lemon if: (1) a defect likely to cause death or serious injury was repaired 2 or more times; (2) the same defect was repaired 4 or more times; or (3) the car was in the shop for defects a total of more than 30 calendar days. For (1) and (2), you must have notified the manufacturer directly at least once, but only if the manufacturer clearly disclosed that requirement in the warranty or owner's manual. The defect must substantially impair the car's use, value, or safety. If the manufacturer has a state-certified arbitration program and told you about it in writing, you must use that program before you can rely on the presumption.
The lemon presumption applies to problems within 18 months from delivery or 18,000 miles, whichever comes first. Beyond that, the law still protects you for the whole length of the manufacturer's original warranty if the car cannot be fixed after a reasonable number of attempts.
If the warranty or owner's manual clearly says so, you must notify the manufacturer directly (at the address it lists) at least once about the defect. To keep the right to civil penalties, send a written notice demanding repurchase or replacement after the lemon presumption arises; if your manufacturer opted into the 2025 procedures, send it at least 30 days before suing (by email to the address on the manufacturer's website, or certified or registered mail with return receipt), with your name, VIN, a short repair history, and your demand, and keep the car while you wait.
Arbitration is optional and free. Manufacturers run programs (BBB AUTO LINE, CDSP Auto Line, CAP-Motors) that the state certifies; decisions usually come within 40 days, you can accept or reject the decision, and the manufacturer must carry out an accepted decision within 30 days. You must use a certified program first only if you want to rely on the lemon presumption and the manufacturer told you about the program in writing.
You choose a refund (restitution) or a substantially identical new replacement; the manufacturer cannot force a replacement on you. A refund covers the actual price paid or payable, including transportation charges and manufacturer-installed options (but not non-manufacturer items added by the dealer or you), plus sales or use tax, license, registration, and other official fees, plus incidental costs like reasonable repair, towing, and rental car costs. The manufacturer may subtract a use offset: price × (miles before you first brought the car in for the defect ÷ 120,000). If the manufacturer willfully failed to comply, a court may add a civil penalty of up to twice your damages.
If your manufacturer opted into the 2025 lemon law procedures, you must sue within 1 year after the applicable express warranty expires and no later than 6 years after original delivery, with pauses for arbitration, repair time, and up to 60 days after a pre-suit notice (Cal. Code Civ. Proc. § 871.21). Otherwise the lemon law itself states no specific deadline.
The Department of Consumer Affairs says used vehicles are covered only if the manufacturer's new-car warranty is issued with the sale (for example, dealer-owned cars and demonstrators). Other used cars are not covered by the lemon law's refund-or-replace rules.
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.