California Lemon Law Guide
When a defective car counts as a lemon, what a buyback pays after the mileage offset, and the new 2025 notice rules for some manufacturers.
California's lemon law (the Song-Beverly Consumer Warranty Act) makes the manufacturer replace a defective vehicle or buy it back if it can't fix a warranty defect in a reasonable number of tries. Within the first 18 months or 18,000 miles, the law presumes that's happened when the same defect has been repaired 4 times (2 for a defect that could kill or seriously injure someone), or when the car has been in the shop more than 30 days.
The lemon presumption
Civil Code 1793.22(b), the Tanner Act, sets three tests. Meeting any one within 18 months of delivery or 18,000 miles, whichever comes first, creates the presumption:
| Test | Threshold | Notice to manufacturer? |
|---|---|---|
| Serious safety defect (likely to cause death or serious bodily injury) | 2 or more repairs of the same defect | Yes, at least once |
| Any other warranty defect | 4 or more repairs of the same defect | Yes, at least once |
| Days out of service | More than 30 cumulative calendar days for warranty repairs, any defects | No |
The notice rule only applies if the warranty or owner's manual clearly told you to contact the manufacturer directly; a quick letter or email to the manufacturer's customer service address covers it. The presumption isn't the only route: after 18 months, or with fewer repairs, you can still show that the manufacturer had a reasonable chance to fix the car and didn't. It just takes more proof.
What's covered
- New cars, trucks and SUVs bought or leased mainly for personal, family or household use, including dealer demonstrators.
- Business vehicles, if the business has no more than five vehicles registered in California and the vehicle weighs under 10,000 lbs gross.
- The chassis and drivetrain of motorhomes (not the living quarters).
- Used vehicles sold with the manufacturer's new-vehicle warranty still running or with a dealer's written warranty.
Motorcycles and off-road vehicles are excluded from the presumption.
What a buyback pays
You choose between a replacement vehicle and restitution. Restitution is what you paid or owe for the car, including sales tax, license and registration fees and other collateral charges, plus incidental damages such as towing, repair and rental-car costs, minus a usage offset:
Offset = price × miles driven before the first repair attempt ÷ 120,000
Example: a $40,000 car first taken in for the defect at 6,000 miles has an offset of $40,000 × 6,000 ÷ 120,000 = $2,000. Miles driven after that first visit don't count against you. The manufacturer also pays off the loan, and on a lease it refunds what you've paid and takes over the lease.
Penalties and attorney's fees
If a manufacturer willfully refuses a valid claim, a court can add a civil penalty of up to twice your actual damages (Civil Code 1794). A buyer who wins also recovers attorney's fees and costs from the manufacturer, so many lemon law attorneys work on contingency.
The 2025 changes: AB 1755 and SB 26
AB 1755 (2024) set up a new pre-suit process, and SB 26 (2025) made it optional for manufacturers. For brands that opted in:
- You send the manufacturer a written demand to repurchase or replace the vehicle, at the address in the owner's manual or warranty booklet, before seeking civil penalties in court.
- The manufacturer has 30 days to offer a repurchase or replacement and 60 days from your notice to complete it.
- If it doesn't, you can sue.
The Department of Consumer Affairs' Arbitration Certification Program publishes the list of opted-in manufacturers. For other brands, the older Song-Beverly rules still apply.
Steps to take
- Keep every repair order and make sure each one describes your complaint, the dates in and out and the mileage.
- Notify the manufacturer directly in writing, using the address in your warranty booklet.
- Ask the manufacturer for a repurchase or replacement, or use its state-certified arbitration program (free, and you can still sue if you don't like the result).
- Talk to a lemon law attorney if the manufacturer refuses.
Check your car
The Lemon Law Eligibility Checker applies the presumption tests to your months, miles, repair attempts and days out of service. If you're about to buy a replacement, the car sales tax calculator estimates tax and fees.
Frequently Asked Questions
How many repair attempts make a car a lemon in California?
The presumption applies within 18 months or 18,000 miles of delivery if the same defect was repaired 4 or more times, or 2 or more times for a defect likely to cause death or serious injury, or if the car was out of service for repairs more than 30 days in total. You must also have notified the manufacturer directly at least once if the warranty told you to.
Does the lemon law cover used cars?
Yes, if the car was sold with a manufacturer's new-vehicle warranty still in effect, or with a dealer's written warranty. The 18-month presumption runs from the original delivery, so most used-car claims have to show that the manufacturer had a reasonable number of attempts without the presumption.
How much do you get back in a lemon law buyback?
The price paid or payable, including sales tax, registration and other collateral charges, plus incidental costs like towing and rental cars, minus an offset for use: the price times the miles driven before the first repair attempt, divided by 120000. On a $40,000 car with 6,000 miles at the first repair, the offset is $2,000.
Do I need a lawyer for a lemon law claim?
Not necessarily. You can ask the manufacturer directly or use its state-certified arbitration program, which is free. If you sue and win, the manufacturer pays your attorney's fees, which is why many lemon law attorneys take cases on contingency.
What changed in California lemon law in 2025?
AB 1755 and SB 26 created new procedures that apply only to manufacturers that chose to opt in. For those brands, a buyer must send a written repurchase or replacement demand before seeking civil penalties in court, and the manufacturer has 30 days to make an offer and 60 days to complete it. The Department of Consumer Affairs publishes the list of opted-in manufacturers.
This article is for general information only and is not legal advice. Sources: Civil Code 1793.2, 1793.22 and 1794 (Song-Beverly Consumer Warranty Act); Code of Civil Procedure 871.20 et seq. (AB 1755, as amended by SB 26); Department of Consumer Affairs, Arbitration Certification Program, New Lemon Law Procedures.