By Gregory H. Moss, Founding Partner, Krohn & Moss, Ltd. Consumer Law Center® · Admitted in Illinois and Wisconsin | Updated November 2026
The first repair visit is an inconvenience. By the third or fourth visit for the same stalling, shifting problem or warning light, many California drivers start wondering whether they own a “lemon.” The answer depends less on how frustrated you are than on a few specific facts: the warranty, the defect, the repair history and, since 2024, whether the vehicle was sold new or used.
California’s lemon law is part of the Song-Beverly Consumer Warranty Act. As the California Attorney General’s vehicle warranty guidance explains, qualifying buyers may be entitled to a repurchase or replacement when a manufacturer can’t fix a covered defect after a reasonable number of attempts.
The Basic Test
Under Civil Code § 1793.2(d), a manufacturer that can’t conform a new motor vehicle to its express warranty after a reasonable number of attempts must promptly replace the vehicle or refund the buyer, at the buyer’s choice. In practice, a claim usually requires:
- A defect covered by the manufacturer’s new-vehicle warranty
- A defect that substantially impairs the vehicle’s use, value or safety
- A reasonable number of repair opportunities, generally more than one
- No evidence the problem was caused by abuse or unauthorized modification after sale
There is no fixed minimum number of visits in every case. The California Department of Consumer Affairs’ lemon law FAQ notes that the manufacturer must have a reasonable number of opportunities to repair, and serious safety defects may require fewer attempts than minor ones.
The 18-Month / 18,000-Mile Presumption
Civil Code § 1793.22(b), often called the Tanner Act, creates a presumption that the manufacturer had a reasonable number of attempts if, within 18 months of delivery or 18,000 miles, whichever comes first:
| Situation | What triggers the presumption |
| Serious safety defect | Two or more repair attempts for a defect likely to cause death or serious bodily injury, plus direct written notice to the manufacturer |
| Same problem keeps returning | Four or more repair attempts for the same defect, plus notice to the manufacturer if required by the warranty materials |
| Extended downtime | More than 30 calendar days out of service for warranty repairs, which don’t have to be consecutive |
The presumption is a shortcut, not a requirement. A vehicle with problems that appeared after 18 months or 18,000 miles can still qualify if the defect is covered by warranty and the manufacturer had a reasonable chance to fix it. The presumption is also not a filing deadline.
Which Vehicles Are Covered, Including After Rodriguez
New cars, trucks, SUVs and motorcycles bought or leased in California with a manufacturer’s new-vehicle warranty are generally covered. Some business-use vehicles qualify, depending on fleet size and vehicle weight, and motor homes are covered only for certain components.
Used vehicles are now more limited. In Rodriguez v. FCA US, LLC (October 31, 2024), the California Supreme Court held that a used vehicle sold with the remaining balance of the original warranty is not a “new motor vehicle” under the lemon law’s repurchase-or-replace provision, unless a new-car warranty was issued with that sale. A used vehicle may still have other warranty claims, including a manufacturer-issued certified pre-owned warranty, but it should not be assumed to qualify for buyback simply because some factory warranty remained.
Defects That Often Lead to Claims
- Engine stalling, overheating, oil consumption or repeated warning lights
- Transmission slipping, hard shifting, hesitation or loss of power
- Brake, steering, suspension, airbag or driver-assistance problems
- Electrical, battery, infotainment or software failures, including EV charging and battery issues
- Water leaks, fluid leaks and persistent odors
- Problems the dealer “could not duplicate” even though they keep happening
A repair order saying the technician couldn’t reproduce the problem still documents that you reported it and gave the manufacturer a chance to fix it.
What You Can Recover
- Repurchase: a refund of the purchase price or lease payments plus certain incidental costs, minus a usage offset for miles driven before the first repair attempt for the defect.
- Replacement: a substantially identical vehicle, if you prefer.
- Cash-and-keep settlement: some cases resolve with a payment while you keep the vehicle.
- Attorney’s fees and penalties: under Civil Code § 1794, a buyer who prevails can recover reasonable attorney’s fees and costs, and a court can award a civil penalty of up to twice actual damages for willful violations.
New Procedures for Some Manufacturers
Two recent laws, AB 1755 (2024) and SB 26 (2025), created an alternative process for manufacturers that opt in, as described on the Department of Consumer Affairs’ new lemon law procedures page. For those manufacturers, a consumer must send a written repurchase or replacement demand at least 30 days before suing, and the manufacturer has 30 days to make an offer and 60 days to complete it. Because the rules differ depending on the manufacturer, check which process applies before filing.
How to Build Your Record
- Get a written repair order at every visit, with the date, mileage and your exact description of the symptoms.
- Keep your purchase or lease contract, warranty booklet and registration.
- Track days out of service, including rental or loaner dates and towing records.
- Save photos, videos and screenshots of warning lights or the problem happening.
- Keep all dealer and manufacturer correspondence, and send any required written notice to the manufacturer.
- Read any settlement offer carefully, including the usage offset, release language and whether you must return the vehicle.
Because the details of each repair order matter, many drivers have a Lemon Law Attorney in California review their file before responding to a manufacturer’s offer.
Frequently Asked Questions
How many repair attempts make a car a lemon in California?
There is no single number. A presumption applies with two attempts for a serious safety defect, four for the same defect, or more than 30 days out of service within 18 months or 18,000 miles, but claims can succeed outside those benchmarks.
Does California lemon law cover used cars?
Only in limited situations. After Rodriguez v. FCA US (2024), a used car sold with leftover factory warranty generally isn’t a “new motor vehicle” for buyback purposes unless a new-car warranty was issued with the sale.
Who pays my lawyer in a California lemon law case?
If you prevail, Civil Code § 1794 allows recovery of reasonable attorney’s fees and costs from the manufacturer.
Disclaimer
This article provides general information about California’s lemon law and is not legal advice. Reading it does not create an attorney-client relationship. Whether a vehicle qualifies depends on its warranty, defect and repair history. Past results do not guarantee a similar outcome. Consult an attorney licensed in California about your specific situation.
