Purchasing a vehicle should be a fun occasion. You might even bring the whole family along and make a day out of it. However, few things can be as infuriating as learning you’ve been tricked into buying a lemon. It may take you a few rounds of mechanic visits before you realize your car needs to be replaced. You may wonder, “What vehicles are covered by the California Lemon Law?” There are more than you might think.
What Is the California Lemon Law?
The California Lemon Law, which is also known as the Song-Beverly Consumer Warranty Act, was passed to protect customers from buying broken or defective vehicles and being stuck with them. Under the California Lemon Law, manufacturers are held responsible for defective vehicles. They are required to either refund the customer or replace that vehicle if they cannot fix it after a certain number of attempts.
The Lemon Law applies to most vehicles that are still under the manufacturer’s warranty, regardless of whether they are brand new or pre-owned. A vehicle is considered a “lemon” if there are enough manufacturing defects that impact the vehicle’s safety, usage, or value. If these defects remain, even after many attempts to have them fixed, the vehicle is considered beyond saving. At that point, your only way to get reimbursed will be to seek legal help.
Starting in 2025, two new laws, AB 1755 (passed in 2024) and SB 26 (passed in 2025), changed some of the steps a manufacturer must follow before you can seek civil penalties. The core protections described below did not change.
What Vehicles Are Covered by the California Lemon Law?
The California Lemon Law covers a considerable variety of vehicles, including new and used cars. The one caveat is the vehicle must still be under the manufacturer’s warranty. The Lemon Law applies to:
- Cars
- Pickup trucks
- SUVs
- Motor homes
- Dealer-owned demonstrator vehicles
- Vehicles leased for business or household use
To qualify under the California Lemon Law, the vehicle must meet the following criteria:
- It was purchased or leased from a California retailer or dealership.
- It has a significant defect that impacts the vehicle’s safety, use, or value, and the defect is covered by the manufacturer’s warranty.
- The manufacturer or its dealers have had a reasonable number of chances to fix the same problem.
You get an easier path to proving your case if the defect showed up within the first 18 months you owned the car, or the first 18,000 miles, whichever came first. Within that window, California law presumes the vehicle is a lemon if the same problem was not fixed after four repair attempts, two attempts for a defect that could cause death or serious injury, or the car was in the shop for 30 or more cumulative days. Civil Code Section 1793.22 You can still bring a claim outside that window, but you will need to show the number of repair attempts was reasonable without the benefit of the presumption.
Used and Certified Pre-Owned Vehicles
The Lemon Law can also cover some used and certified pre-owned vehicles, but this area of the law changed in 2024. In Rodriguez v. FCA US, LLC, the California Supreme Court ruled that a used car does not automatically count as a “new motor vehicle” under the Lemon Law just because it still has time left on the original manufacturer’s warranty. The warranty has to have been issued as part of that specific used-car sale, not simply carried over from the original owner. If you bought a used or certified pre-owned car and are not sure whether your warranty qualifies, a lemon law attorney can review your paperwork and tell you where you stand.
The California Lemon Law does not apply to vehicles that are not registered under the California Vehicle Code or those that have been intentionally abused, such as off-road vehicles.
Statute of Limitations
If you decide to pursue legal action against the manufacturer under the California Lemon Law, it is vital to your case that you pay close attention to California’s statute of limitations on Lemon Law claims. Generally, the state will give you four years from the date you first experienced problems with the vehicle. You will have that time to find a lawyer, who can then prepare and file your claims.
In most cases, you have four years from the date you discovered, or reasonably should have discovered, the defect to file your claim. Courts apply this discovery rule because a vehicle’s express warranty is a promise about how the car will perform in the future, not just at the moment of sale.
Two 2025 laws, AB 1755 and SB 26, added a second possible deadline. If the manufacturer has opted into the new process, you may also need to file within one year after your express warranty expires, and no more than six years after the car was delivered to you, whichever comes first. Not every manufacturer has opted in, so the older four-year rule may be the only deadline that applies to your case. Ask your attorney to check whether your manufacturer opted in before you assume which deadline governs your claim.
If you cannot file your claim before four years have passed, your case will be automatically tossed out. The time limit for these cases is firm and absolute. Regardless of the circumstances, you only have four years. Building a strong case can take more time than you might think. You may want to get started as soon as you think you may qualify under the Lemon Law.
If you have doubts that you are, discuss your case with a dedicated California lemon lawyer and see what they have to tell you. Your lawyer can review your evidence and use their knowledge of the Lemon Law to determine your eligibility. If you have a claim, they can file it, negotiate with the manufacturers, and represent you in court to secure justice under the Lemon Law.
FAQs
Q: What Qualifies as a Lemon Car in California?
A: For a car to be considered a lemon in California, it must have a significant defect that directly affects the car’s use, safety, or value. Furthermore, the defect must be covered by the manufacturer’s warranty. If the problem persists after a certain number of reasonable attempts to have it fixed, there is a strong chance you could get refunded for your purchase or have the vehicle wholly replaced under California’s Lemon Law.
Q: How Hard Is It to Win a Lemon Law Case?
A: How hard it may be for you to win your Lemon Law case depends on the specifics of your situation. Every case is going to be different since each case has its own details and circumstances that make that case unique. The more evidence you have that supports your case, the stronger your position tends to be. Additionally, a lawyer who focuses on lemon law cases can help you gather the right evidence and present it clearly.
Q: What Factors Are Used to Determine If a Vehicle Is a Lemon?
A: Many different factors are considered to determine whether a vehicle is a lemon. A vehicle may automatically be considered a lemon if it has a persistent defect that cannot be fixed, despite multiple attempts to do so. Other factors may be:
- The defect’s severity
- The number of repair attempts
- Whether the defect impacts the vehicle’s safety
- How long it has taken for mechanics to attempt to fix it
Q: What Do You Get Back in a Lemon Law Case in California?
A: If you successfully argue your Lemon Law case in California, you could obtain multiple different kinds of compensation from the manufacturer. You may receive:
- A cash settlement
- Reimbursement for your court costs
- A replacement vehicle from the manufacturer
- A repurchase of your lemon vehicle from the manufacturer, with reimbursement
It depends entirely on what you are looking to get and the strength of your argument.
Q: Does the California Lemon Law Cover Used Cars?
A: Sometimes. A used car only counts as a “new motor vehicle” under the Lemon Law if the manufacturer’s warranty was issued as part of that specific used-car sale, not just carried over from the original owner. Rodriguez v. FCA US, LLC (2024) explains this rule in more detail.
Q: What Changed Under AB 1755 and SB 26?
A: Starting in 2025, manufacturers that opt into the new process must receive written notice before you can seek civil penalties, and some claims now carry a shorter filing deadline. Manufacturers that have not opted in still follow the older Lemon Law procedures.
Contact a Lemon Law Lawyer Today
Learning that your recently purchased vehicle is a lemon can be nothing short of infuriating. You may be dreading the subsequent legal battle you may have to deal with.
The legal team at Lemon Law Pro practices statewide and does not charge you for our services. Contact us to speak with a member of our team and set up a free consultation.
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