California lemon law: your questions answered

A new vehicle with a defect covered by its warranty that substantially impairs its use, value or safety, which the manufacturer or its dealers have not fixed after a reasonable number of attempts. The Song-Beverly Consumer Warranty Act and its Tanner Act provisions set the rules.

California presumes a reasonable number of attempts when the same problem has been in for repair four times, or twice for a defect that could cause death or serious injury, or when the vehicle has been out of service for warranty repair for a cumulative 30 days (Cal. Civ. Code § 1793.22). The days do not have to be consecutive. Fewer visits can still qualify in some cases. If the manufacturer's warranty materials require it, you may also need to notify the manufacturer directly about the problem before the presumption applies.

It depends on the defect, the warranty and the repair history. Send us your purchase or lease contract and your repair orders, and we will tell you honestly whether your situation fits the law.

Yes. The law applies to new motor vehicles whatever their powertrain. Battery, charging, software and drive-unit defects covered by the warranty count the same way as engine or transmission defects.

Possibly. If the recall repair did not fix the problem and the defect came back, those visits can be part of your repair history.

The law gives you the choice of a replacement vehicle or restitution (a refund), with a deduction for the miles you drove before you first brought the car in for the problem (Cal. Civ. Code § 1793.2(d)(2)). Some claims also resolve with a negotiated “cash and keep” settlement, where you keep the car and receive a payment.

A cash-and-keep settlement does not by itself cancel the manufacturer’s warranty. Settlement terms vary, so we go through them with you before you sign anything.

No. A lemon law claim is your own individual claim against the manufacturer, about your vehicle. Our firm is also involved in class actions, but those are separate cases.

The claim is against the manufacturer, not the dealership.

Under California’s Song-Beverly Consumer Warranty Act, when a consumer prevails in a lemon law case, the manufacturer is required to pay the consumer’s attorney fees and costs. These fees are paid separately and are not deducted from the consumer’s refund, replacement, or settlement. This law exists so that consumers can enforce their warranty rights without worrying about the cost of hiring an attorney. If we recover nothing, you owe us nothing, fees or costs.

The law does not require one, but manufacturers have experienced legal teams. Because the fees shift to the manufacturer when a claim succeeds, cost does not have to stop you from having your own.

Yes. People who lease a vehicle have the same rights under the Song-Beverly Act as people who buy one (Cal. Civ. Code § 1795.4).

Our firm currently reviews certified pre-owned vehicles, along with new and leased vehicles. California warranty law treats different used-vehicle transactions differently, and the available remedies depend on the facts. Contact the team to discuss whether your vehicle fits the firm's intake criteria.

Copies of your purchase or lease contract, every repair order, and any emails, letters or notes from the dealer or manufacturer. Photos or video of the problem help too.

Yes. Ask the dealership for a copy; most keep electronic copies. Your lender can also provide one, and any document showing your name, the price, the date and the dealership is a good start.

If you still have the vehicle, ask a dealership service department for a printout of the service history. Dealers can usually see visits made at other dealerships of the same brand.

Tell us right away. Depending on the circumstances, you may still have a claim.

Timing depends on the manufacturer, the repair history, the type of claim, and whether the matter settles or proceeds further. In California, you have six years from the date of purchase to file a lemon law claim. Some cases also involve manufacturer-notice requirements, so ask an attorney to review your dates promptly.