Qualification One: An Active Manufacturer Warranty
The defect has to have been covered by an active manufacturer's warranty at the time it appeared. This includes new vehicle purchases, most leased vehicles, and used or certified pre-owned vehicles sold with a manufacturer warranty still in effect. Vehicles sold entirely "as-is," with no manufacturer warranty, generally don't qualify.
Qualification Two: A "Substantial" Defect
The issue has to meaningfully affect the vehicle's use, value, or safety. Recurring mechanical failures, persistent electrical issues, and safety-related defects like brake or steering problems typically qualify. A single minor issue that doesn't affect how the car drives or its safety usually doesn't meet this bar alone.
Qualification Three: A Reasonable Number of Repair Attempts
The manufacturer has to have been given a fair opportunity to fix the defect and failed. What counts as reasonable is shaped heavily by the Tanner Act's presumption thresholds.
Qualification Four: Meeting or Approaching the Tanner Act Thresholds
Within the first 18 months or 18,000 miles, whichever comes first, certain thresholds create an automatic legal presumption that your vehicle qualifies: two or more repair attempts for a safety-related defect, four or more attempts for another substantial defect, or more than 30 cumulative days out of service for warranty repairs. Falling outside this window doesn't disqualify you. It just means you'll need to establish reasonableness without the automatic presumption.
Qualification Five: Being Within Your Filing Deadline
Since 2025, this depends on whether your manufacturer opted into the AB 1755 and SB 26 framework. Opted-in manufacturers use a one-year-after-warranty-expiration deadline capped at six years from delivery. Others remain under the traditional four-year statute of limitations. Qualifying on the substance of your case doesn't matter if your filing deadline has already passed.
Common Misunderstandings That Cause Drivers to Miscount Their Own Qualification
A repair visit where the technician couldn't reproduce the problem still counts toward your repair history. A used vehicle isn't automatically excluded. A recall notice doesn't reset your deadline. Each of these misconceptions has caused drivers to wrongly conclude they don't qualify when they actually do, or to believe they have more time than they actually have.
A Self-Assessment Checklist
- Was there an active manufacturer warranty when the defect appeared
- Does the defect meaningfully affect use, value, or safety
- How many repair attempts have occurred, including "no problem found" visits
- Did the defect and repairs happen within 18 months or 18,000 miles
- Has your vehicle been out of service for warranty repairs for more than 30 cumulative days
- Which statute of limitations track applies to your manufacturer
- Are you still within that deadline
Why Qualification Is Rarely a Clean Yes or No On Your Own
Most drivers can answer some of these questions clearly and get stuck on others, particularly the deadline question, since it now depends on manufacturer-specific opt-in status that isn't published anywhere obvious to consumers. That's exactly the kind of gap an experienced attorney closes quickly.
Find Out Where You Actually Stand
Rather than guessing at whether you meet these qualifications, get a straight answer based on your specific repair history and warranty documentation.
Reach out today. The clearer your timeline, the stronger your position.
Visit us at theblueprintlawgroup.com
Straight answers.
What does it cost to hire you for a lemon law claim?
Nothing upfront. We don't charge hourly rates or retainers for lemon law cases. Because the Song-Beverly Consumer Warranty Act includes a fee-shifting provision, the manufacturer generally becomes responsible for reasonable attorney's fees once you prevail.
What can I recover?
Depending on your case, California's Lemon Law may entitle you to a replacement vehicle, a refund, or compensation.
How many repair attempts do I need?
A reasonable number. Under the Song-Beverly Act's presumption, within 18 months or 18,000 miles that generally means four or more attempts at the same defect, more than 30 days out of service, or two or more attempts at a defect likely to cause death or serious bodily injury. Outside that window you may still have a claim. We review your repair orders for free.
Is there a deadline to file?
Yes — and California's time limits recently changed. Read what AB 1755 means for your deadline, or ask us to check yours.