Does my car qualify under California lemon law?
California’s lemon law, the Song-Beverly Consumer Warranty Act, is one of the strongest consumer protection laws in the country. It can apply when a vehicle has a defect covered by the manufacturer’s warranty that the manufacturer or its dealers can’t fix after a reasonable number of attempts.
The basic questions
- Was the vehicle bought or leased in California? The law generally covers vehicles sold or leased in the state, including many used vehicles sold with a manufacturer warranty.
- Is the defect covered by warranty? The problem generally must have first been reported while the vehicle was under the manufacturer’s express warranty.
- Does it substantially impair use, value, or safety? Brakes, steering, airbags, stalling, transmission, EV battery, and driver-assist problems often do. A rattle usually doesn’t, though persistent electrical problems can.
- Was it given a reasonable chance to fix it? Usually that means repeated repair visits for the same problem, or a long time in the shop.
The Tanner Act presumption
Within the first 18 months or 18,000 miles (whichever comes first), the law presumes a reasonable number of attempts if:
- a defect that could cause death or serious injury was repaired 2 or more times and you notified the manufacturer in writing; or
- the same defect was repaired 4 or more times and you notified the manufacturer; or
- the vehicle was out of service for repairs for more than 30 days total.
The presumption helps, but it is not required. Many vehicles qualify outside those numbers.
What usually doesn’t qualify
Damage from accidents, abuse, or aftermarket modifications; vehicles bought in a private party sale without a warranty; and problems never presented for repair under warranty.
What to gather
Your purchase or lease contract and every repair order. Repair orders show dates, mileage, and your complaint; they are the backbone of a lemon law claim.
Think your car may be a lemon? An attorney can review your repair history for free, with no obligation. The manufacturer pays attorney fees if you win, so there is nothing out of pocket for you.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.