What exactly is the lemon law?
California's lemon law, rooted primarily in the Song-Beverly Consumer Warranty Act, requires manufacturers to repair a defect covered by warranty within a reasonable number of attempts. If they can't, you're entitled to a refund of essentially what you paid, minus a mileage-based offset, or a comparable replacement vehicle.
Does it only apply to new cars?
No. Used and certified pre-owned vehicles are covered as long as an active manufacturer warranty applied when the defect appeared. Leased vehicles are generally covered on similar terms as purchased ones.
What counts as a defect that qualifies?
The defect has to be "substantial," meaning it meaningfully affects the vehicle's use, value, or safety. Recurring transmission problems, persistent electrical faults, and brake or steering issues are common examples. A single minor cosmetic flaw typically doesn't meet this bar alone.
How many repair attempts does the manufacturer get?
The law requires a "reasonable" number of attempts, which the Tanner Consumer Protection Act helps define through presumption thresholds: generally two attempts for a safety-related defect or four for another substantial defect, within the first 18 months or 18,000 miles.
What if my defect happened outside that 18-month window?
You can still have a qualifying claim. Falling outside the window just means you don't get the automatic legal presumption, so your case will rely more on documentation showing the manufacturer had a fair opportunity and failed.
How long do I have to file a claim?
This changed in 2025. Manufacturers can now opt into a framework under AB 1755 and SB 26 with a filing deadline of one year after warranty expiration, capped at six years from delivery. Manufacturers who haven't opted in remain under the traditional four-year statute of limitations from discovery of the defect. Which applies to you depends on your specific manufacturer's election.
Do I have to notify the manufacturer before suing?
If your manufacturer opted into the newer framework, yes. You're required to send a written pre-suit notice at least 30 days before filing a lawsuit seeking civil penalties, identifying the vehicle and demanding a buyback or replacement.
What can I actually recover if I win?
Typically either a vehicle repurchase, reflecting your purchase price and related costs minus a mileage offset, or a comparable replacement vehicle. Civil penalties may apply if the manufacturer's failure to repair is found to be willful.
Will I have to pay attorney's fees out of pocket?
Usually not. Song-Beverly's fee-shifting provision generally makes the manufacturer responsible for reasonable attorney's fees and costs when you prevail, which is why most lemon law representation doesn't require upfront payment from the client.
Does a recall notice help my case?
It can serve as supporting evidence that the manufacturer was aware of a defect, but it doesn't extend your deadline or replace the need to document your own repair history.
What if I moved out of state after buying the car in California?
California's lemon law can still apply if the vehicle was purchased and repairs were attempted in California, though relocating can add complexity to how and where a claim proceeds.
What should I do first if I think I have a claim?
Start gathering every repair order, including visits where no fix was found, along with your purchase or lease agreement and warranty documentation. Then get a professional assessment of your specific timeline and qualification before assuming anything on your own.
Still Have Questions About Your Specific Situation?
General answers only go so far. At The Blueprint Law Group, we review your actual repair history and warranty documentation and give you a straight answer about where you stand.
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.