Is my electric car a lemon? California lemon law for EVs
Electric vehicles and plug-in hybrids are covered by California’s lemon law, the Song-Beverly Consumer Warranty Act, just like gas-powered cars. If your EV has a defect covered by the manufacturer’s warranty that the manufacturer or its authorized repair facilities can’t fix after a reasonable number of attempts, you may be entitled to a repurchase or replacement.
Common EV problems owners report
- High-voltage battery faults, sudden range loss, or reduced-power warnings
- Charging failures, including onboard charger and charge port problems
- 12-volt battery failures that leave the car dead or locked
- Center screen or infotainment failures that disable controls, cameras, or climate
- Driver-assistance and sensor faults, including unexpected braking
- Drive unit noises, water leaks, and door or handle failures
Whether a particular problem qualifies depends on the warranty, how much it affects the car’s use, value, or safety, and the repair history.
Know your warranties
EVs usually come with a basic new-vehicle warranty plus a separate, longer warranty for the high-voltage battery and electric drive components, often around 8 years or 100,000 miles. California’s Advanced Clean Cars II rules also set minimum battery warranty requirements for model year 2026 and later zero-emission vehicles sold in the state. A defect covered by any of these warranties may support a lemon law claim. Check your warranty booklet or the manufacturer’s app for the exact terms, including any battery capacity thresholds.
Over-the-air updates and remote diagnostics
Many EV makers try to fix problems with software updates sent to the car, or diagnose them remotely, which may not produce a traditional repair order. Keep your own records: screenshots of warning messages, service app chats and appointments, update release notes, and the dates a problem came back after an update. Whether a remote fix counts as a repair attempt can depend on the facts, so when you bring the car in, ask for a written repair order that describes your complaint, even if the technician finds no problem.
No dealer? Service centers still count
Some EV brands sell directly and do not use franchised dealers. Visits to the manufacturer’s own service centers or mobile service are generally still opportunities to repair, so keep every invoice and service record.
The presumption and a possible buyback
The Tanner Act presumption can apply if, within 18 months or 18,000 miles, a serious safety defect was repaired 2 or more times, the same defect 4 or more times, or the car was out of service more than 30 days. EVs outside those numbers can still qualify. If the manufacturer repurchases the vehicle, restitution generally covers what you paid or owe, less a mileage offset; see how a buyback is calculated. Whether costs like a home charger installation can be recovered as incidental damages depends on the facts.
Leased or used EV?
Many EVs are leased, and leased vehicles can qualify; see lemon law for leased cars. A used EV may be covered in some situations, especially if a manufacturer warranty still applies; see used car lemon law in California.
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.
Related articles
- Does my car qualify under California lemon law?
- How a lemon law buyback is calculated (including the mileage offset)
- What to do if the dealer can't fix your car
- Used car lemon law in California: what's covered
- Lemon law for leased cars in California
- What is the California lemon law presumption (Tanner Act)?