How does the lemon law process work in California?

California's lemon law is administered through civil court and offers some of the broadest consumer protection in the country.

1. Governing Statute

The Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790-1795.8, with the Tanner Consumer Protection Act presumption at § 1793.22. Section 1793.2(d) sets the manufacturer's repair-or-replace duty.

2. Coverage

Applies to new motor vehicles sold or leased in California with a manufacturer's written warranty, including cars, pickups under 10,000 lbs GVWR, the chassis and powertrain of motorhomes, and dealer-owned demonstrators. Used vehicles still covered by the manufacturer's original written warranty also qualify. Business vehicles registered to a company with five or fewer vehicles are included. Leased vehicles are covered.

3. Lemon Presumption

Under § 1793.22(b), presumption arises if within 18 months of delivery or 18,000 miles, whichever first: (a) 4 repair attempts on the same substantial nonconformity, (b) 2 attempts on a defect likely to cause death or serious injury, or (c) the vehicle has been out of service for repair 30+ cumulative days.

4. Notice to Manufacturer

The consumer must directly notify the manufacturer in writing if required by the warranty booklet, giving a final opportunity to repair.

5. Manufacturer's Buy-Back / Replacement

Manufacturer must promptly replace the vehicle or refund the purchase price (down payment, monthly payments, payoff of loan balance, registration, taxes) less a statutory mileage offset based on miles driven before the first repair attempt (formula: price x miles/120,000).

6. Arbitration

Manufacturers may operate a state-certified informal dispute settlement program (e.g., BBB AUTO LINE for some makes). Where certified, the consumer must first use it; the result binds the manufacturer but not the consumer.

7. Lawsuit & Fee-Shifting

A consumer who prevails recovers actual damages, civil penalty up to 2x damages for willful violation, plus reasonable attorney's fees (§ 1794(d)). A parallel Magnuson-Moss Warranty Act claim (15 U.S.C. § 2310(d)) also allows federal fee-shifting.

This is legal information, not legal advice.