California Lemon Law

Your Car Keeps Going Back to the Shop?

If your car, truck, or SUV keeps returning to the dealer for the same problem while it is under the manufacturer's warranty, California law may require the manufacturer to replace it or buy it back. Here is how to tell whether yours may qualify, and what to gather now.

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Still under the original warranty?

What happened?

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Recent Lemon Law Results

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Gross settlement amounts. Every case is different, and past results do not guarantee a similar outcome.

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In Their Words

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Quick check

Does This Sound Like a Lemon?

These are signs, not guarantees. Every repair history is different, so an attorney has to look at the details.

Often not enough on its own

A problem the dealer fixed on the first visit that has not come back.
A used car bought from a dealer or a private seller, even if some of the manufacturer's warranty was left.
A minor annoyance that does not really affect how the vehicle drives, what it is worth, or how safe it is.
A problem the manufacturer's written warranty does not cover. The buyback rules are tied to that warranty.
A vehicle bought mainly for a business that has more than five vehicles registered in California.
A short rental of four months or less, which this law does not treat as a lease.

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Worth a closer look

Repeated repairs after the first 18 months or 18,000 miles, while the manufacturer's warranty still applies.
A leased vehicle. People who lease generally have the same rights as people who buy.
A certified pre-owned vehicle. These depend on the details.
A demonstrator or dealer-owned vehicle sold with a manufacturer's new car warranty.
Several different problems that, added together, kept the vehicle in the shop for weeks.
A small business vehicle under 10,000 pounds, if the business has five or fewer vehicles registered in California.
An active duty service member who bought the vehicle in another state while stationed in or living in California.

Points toward a case

In the first 18 months or 18,000 miles, the same problem has been in for repair four or more times.
In that same window, a problem that could cause death or serious injury has been in for repair two or more times.
In that same window, the vehicle has been out of service for warranty repairs more than 30 days in total.
The problem affects how the vehicle drives, what it is worth, or how safe it is, and it keeps coming back.

Signs, not guarantees. Every situation is different.

The law's benchmarks

Four Numbers California Uses to Measure a Lemon

Within 18 months or 18,000 miles, the law presumes the manufacturer has had a reasonable number of repair attempts if any one of the events below happens. The manufacturer may try to rebut that presumption, and meeting it is not the only way to qualify.

months or 18,000 miles

The window

Counted from delivery to you, whichever comes first.

repair visits

Same problem

The same problem was repaired four or more times, and you told the manufacturer directly at least once, when the warranty or owner's manual clearly requires that notice.

repair visits

Safety problem

A problem likely to cause death or serious injury was repaired two or more times, with the same direct notice to the manufacturer.

days

Out of service

The vehicle spent more than 30 days in total in the shop for warranty repairs since delivery.

Outside these benchmarks, there is no exact formula. The questions are whether the vehicle has a warranty problem that substantially impairs its use, value, or safety, and whether the manufacturer had a reasonable number of chances to fix it. The more chances it gets without fixing the problem, the harder it becomes to call that reasonable.

An Example

How a Lemon Case Builds, One Repair at a Time

A hypothetical: Theo buys a new SUV. Here is what his repair history might look like within the first 18 months.

Visit 1

Month 2

3,100 miles

2 days in the shop

The transmission jerks when shifting. The dealer updates the software.

Visit 2

Month 5

7,800 miles

6 days in the shop

Same jerking. The dealer replaces a sensor.

Visit 3

Month 8

12,400 miles

10 days in the shop

Same problem. The dealer replaces a transmission part.

Visit 4

Month 11

16,900 miles

14 days in the shop

Same problem again, now on the freeway.

4 REPAIR VISITS

Four repair visits for the same problem within 18 months and 18,000 miles, and 32 days in the shop in total. Under California's benchmarks, a history like Theo's may qualify, if he also notified the manufacturer directly when the warranty or owner's manual requires it. Every repair history is different.

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The Buyback

What a Lemon Law Buyback Covers

When a manufacturer is unable to fix a new vehicle to match its warranty after a reasonable number of attempts, California law requires it to replace the vehicle or buy it back. Here is what a buyback generally includes.

Generally included

Your down payment
The monthly payments you have made
Your most recent registration
Paying off your remaining loan balance to the lender, or what is left on your lease

Depends on the facts

Repair, towing, or rental car costs you paid because of the problem may be added, depending on the facts

Generally not included

Manufacturer rebates, since you did not pay them
Service contracts, extended warranties, and other optional add-on contracts
Items installed by the dealer or by you that did not come from the manufacturer

Attorney's fees and costs

California's lemon law lets a buyer who wins recover reasonable attorney's fees and costs from the manufacturer. Our fees and costs are charged to the manufacturer, and we do not take a fee from the buyback amounts you recover. If a case also recovers additional damages beyond the buyback, such as a civil penalty, your fee agreement explains how those are shared.

Beyond the buyback

If the manufacturer's failure to follow the law was willful, a court may add a civil penalty of up to two times your actual damages. Whether that is available depends on the facts.

The mileage deduction

The manufacturer may subtract an amount for the miles you drove before you first brought the vehicle in for the problem, based on the vehicle's cash price. The law sets the formula:

Cash price of the vehicle×Miles before the first repair visit÷120,000

Example: Theo's SUV (hypothetical, financed)

Down payment$5,000

Monthly payments made (11 × $647)$7,117

Most recent registration$600

Mileage deduction: $42,000 cash price × 3,100 miles ÷ 120,000−$1,085

Cash back to Theo$11,632

Paid to the lender to pay off the loan$32,413

Total buyback$44,045

Attorney's fees and costsPaid by the manufacturer. $0 from Theo.

Illustrative loan: $37,000 financed at 7.9% for 72 months. Not included: the $2,000 manufacturer rebate, a $2,500 service contract, and $1,200 of accessories the dealer installed. For a lease, the remaining amount goes toward the lease instead of a loan. A real buyback depends on the contract, financing or lease terms, and the facts.

Before you call

What to Pull Together Now

You do not need everything to start. These are the papers and records that usually matter most.

Paperwork

Every repair order, including any that say the dealer could not find a problem
Your purchase or lease contract
Your vehicle registration
Any written communication with the manufacturer or the dealership, including service advisors, whether by text, email, or mail

Proof of the problem

Photos or videos of the problem when it happens, including warning lights on the dash
Receipts for towing, rental cars, or repairs you paid for yourself
The current mileage

Working with us

From Your First Call to the Manufacturer's Answer

Tell us what keeps happening

Start with a free case review. Our intake team speaks with you first about the vehicle, the problem, and each repair visit. No recovery, no fees or costs.

An attorney reads the repair history

An attorney then reviews the repair orders, the days out of service, and the warranty to see whether the vehicle may qualify.

We put the claim to the manufacturer

If we take the case, we prepare a written demand asking the manufacturer to repurchase or replace the vehicle, built from the repair history.

Keep the vehicle for now

Under California's newer lemon law procedures, you generally must still have the vehicle when a buyback demand is sent, and keep it at least 30 days after the manufacturer receives it (60 days if the manufacturer makes an offer). Talk to us before you sell or trade it in.

The manufacturer responds

Some manufacturers make an offer; others do not. If the claim is not resolved, the next step may be a state-certified arbitration program or a lawsuit.

Common Questions

Frequently Asked Questions

Do I have to tell the manufacturer about the problem myself?

Sometimes. For the repair-count benchmarks, the law expects you to notify the manufacturer directly at least once, but only if the manufacturer clearly disclosed that requirement in the warranty or owner's manual. Any required notice goes to the address the manufacturer lists there.

Is there a deadline?

Yes, and it depends on the vehicle. For manufacturers that chose California's newer lemon law procedures, a lawsuit generally must be filed within one year after the warranty expires, and no later than six years after the vehicle was first delivered. Some time, such as days the vehicle is in the shop, may not count against you. The manufacturer must tell you when a new vehicle is sold which procedures govern it. Because deadlines vary, it is safer to ask early. Don't rely on this page to calculate your deadline; the right one depends on your facts.

Do I have to go to arbitration first?

Not always. Some manufacturers offer a state-certified arbitration program, and there is no cost to the consumer to file. If a qualified program exists and you were properly told about it in writing, you generally must use it before relying on the law's repair presumption. The manufacturer is bound by the decision if you accept it; if you are not satisfied with it, you may still pursue your rights in court.

Will a buyback return everything I paid?

Not always every dollar. The manufacturer may subtract an amount for your use of the vehicle before you first brought it in for the problem. Under the statute, that amount is the vehicle's cash price multiplied by the miles driven before that first repair visit, divided by 120,000. For manufacturers under the newer procedures, some third-party add-ons and negative equity rolled in from a prior vehicle may also be deducted.

I bought my car used. Does any of this apply?

Generally, no. The buyback rules are for new vehicles, and a used car generally does not qualify once it has been sold, even if some of the manufacturer's warranty was left. A certified pre-owned vehicle is less clear and may be worth asking about.

What does it cost to find out if I have a case?

Nothing. The case review is free. No recovery, no fees or costs.

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