The Lemon Law in California
Which vehicles California's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: California's lemon law (the Song-Beverly Consumer Warranty Act, including the Tanner Consumer Protection Act) covers new motor vehicles bought or used mainly for personal, family or household purposes, plus new vehicles under 10,000 pounds bought for business use by someone with no more… Cal. Civ. Code §§ 1793.2(d), 1793.22
| New car lemon law | California's lemon law (the Song-Beverly Consumer Warranty Act, including the Tanner Consumer Protection Act) covers new motor vehicles bought or used mainly for personal, family or household purposes, plus new vehicles under 10,000 pounds bought for business use by someone with no more than five vehicles registered in California; it includes demonstrators and the driving portion of motor homes but not motorcycles or off-road vehicles. It is presumed that the manufacturer had a reasonable number of repair attempts if, within 18 months or 18,000 miles of delivery, whichever comes first: a defect likely to cause death or serious injury was repaired two or more times; the same defect was repaired four or more times; or the vehicle was out of service for repairs more than 30 calendar days in total. (For the first two, the buyer must have directly notified the manufacturer at least once, if the manufacturer disclosed that requirement.) If the manufacturer cannot fix the vehicle, it must replace it (if the buyer agrees) or make restitution. If the manufacturer has a state-certified third-party dispute resolution program and properly notified the buyer, the buyer must use it before relying on the presumption. |
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| How to file a lemon law claim | 1) Notice: the Department of Consumer Affairs (DCA) says that, where required, the consumer must have notified the manufacturer directly about the problems before arbitration. Under 2025 changes (AB 1755 and SB 26), manufacturers that opt in to a new procedure must post a lemon law notice address in English and Spanish; if the consumer demands a repurchase or replacement in writing at least 30 days before suing, the manufacturer must offer restitution or replacement within 30 days and complete it within 60 days of receiving the notice, or the consumer may sell the vehicle and sue. DCA publishes a list of manufacturers that opted in. 2) Final repair attempt: no separate final-repair step is described on the DCA pages read. 3) Arbitration: California does not run hearings itself; DCA's Arbitration Certification Program certifies and monitors manufacturers' arbitration programs. Arbitration in a state-certified program is free to consumers, decisions usually come within about 40 days, and the consumer may accept or reject the decision; if accepted, the manufacturer generally must carry it out within 30 days. DCA says a consumer must request arbitration to claim the benefit of the lemon law presumption when the manufacturer has a state-certified program. Not every manufacturer has one; the New Motor Vehicle Board offers consumer mediation, (916) 445-1888. 4) Deadline: the deadline to file a lawsuit was not verified from an official page. Arbitration program details: https://www.dca.ca.gov/acp/acpprocess.shtml and DCA's Lemon Law Q&A (https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf). Contact: Arbitration Certification Program, (916) 574-7350, acp@dca.ca.gov. The official statute site (leginfo.legislature.ca.gov) blocked access, so statute text was not read directly. |
| Used cars | A seller of used consumer goods (including used cars) that gives an express warranty has many of the same warranty duties as a manufacturer, and the implied warranties then last as long as the express warranty, but no less than 30 days and no more than three months. A sale "as is" or "with all faults" means all implied warranties are disclaimed. Source: Cal. Civ. Code §§ 1791.3, 1795.5 |
Where to get help in California
- California Department of Justice, Office of the Attorney General (Public Inquiry Unit)
- File a complaint or claim
More California consumer protection
- Your Right to Cancel a Purchase in California
- Contractors and Repair Shops in California
- Filing a Consumer Complaint in California
- All California consumer protection rules
FAQ
How does the lemon law work in California?
California's lemon law (the Song-Beverly Consumer Warranty Act, including the Tanner Consumer Protection Act) covers new motor vehicles bought or used mainly for personal, family or household purposes, plus new vehicles under 10,000 pounds bought for business use by someone with no more than five vehicles registered in California; it includes demonstrators and the driving portion of motor homes but not motorcycles or off-road vehicles. It is presumed that the manufacturer had a reasonable number of repair attempts if, within 18 months or 18,000 miles of delivery, whichever comes first: a defect likely to cause death or serious injury was repaired two or more times; the same defect was repaired four or more times; or the vehicle was out of service for repairs more than 30 calendar days in total. (For the first two, the buyer must have directly notified the manufacturer at least once, if the manufacturer disclosed that requirement.) If the manufacturer cannot fix the vehicle, it must replace it (if the buyer agrees) or make restitution.
How do you file a lemon law claim in California?
1) Notice: the Department of Consumer Affairs (DCA) says that, where required, the consumer must have notified the manufacturer directly about the problems before arbitration. Under 2025 changes (AB 1755 and SB 26), manufacturers that opt in to a new procedure must post a lemon law notice address in English and Spanish; if the consumer demands a repurchase or replacement in writing at least 30 days before suing, the manufacturer must offer restitution or replacement within 30 days and complete it within 60 days of receiving the notice, or the consumer may sell the vehicle and sue. DCA publishes a list of manufacturers that opted in. 2) Final repair attempt: no separate final-repair step is described on the DCA pages read. 3) Arbitration: California does not run hearings itself; DCA's Arbitration Certification Program certifies and monitors manufacturers' arbitration programs. Arbitration in a state-certified program is free to consumers, decisions usually come within about 40 days, and the consumer may accept or reject the decision; if accepted, the manufacturer generally must carry it out within 30 days. DCA says a consumer must request arbitration to claim the benefit of the lemon law presumption when the manufacturer has a state-certified program. Not every manufacturer has one; the New Motor Vehicle Board offers consumer mediation, (916) 445-1888. 4) Deadline: the deadline to file a lawsuit was not verified from an official page.
Is there a lemon law for used cars in California?
A seller of used consumer goods (including used cars) that gives an express warranty has many of the same warranty duties as a manufacturer, and the implied warranties then last as long as the express warranty, but no less than 30 days and no more than three months. A sale "as is" or "with all faults" means all implied warranties are disclaimed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.