California Lemon Law FAQs

California residents are some of the luckiest in the United States when it comes to consumer protection because the state of California boasts one of the strongest lemon laws in the country: the Song-Beverly Act.

The Song-Beverly Act covers consumer goods that are purchased or leased for personal, family, or household use. It applies to most consumer goods with a warranty, covering everything from clothes to food to over-the-counter drugs. That includes vehicles like cars, trucks, and motorcycles. The general rule of thumb is that the product must be deemed irreparable after several attempts to fix it and it must not have sustained damage that led to malfunctions under the consumer’s care.

The only catch is that to claim compensation through a lemon lawsuit, your vehicle must be under warranty. If your vehicle does not have a warranty, it will be difficult if not impossible to win a refund or replacement through a lemon law claim.

If you’d like to read the fine print yourself, you can find the Song-Beverly Act in the California Civil Code at the beginning of section 1790.

A ‘lemon’ is a vehicle that comes off the lot with serious malfunctions that make it dangerous to drive and that depreciates its overall value. That said in the state of California, your vehicle must meet the following criteria to be considered a lemon and make you a candidate for a successful lemon law claim:

  • Vehicles must have an existing and active warranty.
  • Your car must have been purchased through a certified dealer or manufacturer. Lemon laws only cover consumer goods, which exclude any goods purchased through a private party.
  • Your vehicles could not be fixed after a reasonable amount of attempted repairs. This means that the manufacturer or dealer of your vehicle has been given ample opportunity to repair your vehicle, but has failed to.
  • Your vehicle has material defects, meaning the malfunction(s) significantly affect the vehicle’s safety and/or ability to function

If you have any doubts about whether your defective vehicle qualifies as a lemon, fill out our free 2-minute case evaluation form or give us a call to chat with an attorney about your claim. An attorney from Golden Lemon by Compass Law Group, LLP will be happy to assist you in determining if your vehicle qualifies as a lemon and can help you navigate filing your claim.

Yes, the lemon law, or Song-Beverly Act, is still in effect across the state of California. If you suspect your vehicle is a lemon, get in touch with a legal expert from Golden Lemon by Compass Law Group, LLP.

California’s lemon law covers more than just your daily driver. It protects consumers who have purchased defective cars, trucks, motorcycles, RV Motor Homes, and other types of vehicles that are still under warranty. To determine whether your defective vehicle is eligible for a successful claim, fill out our free case evaluation form.

Vehicles Covered by California’s Lemon Law:

  • Cars
  • Pickup Trucks, SUVs, & Vans
  • Chassis, chassis cab, and motorhome drivetrain
    Boats and watercraft
  • Used vehicles
  • Dealer-owned vehicles and demonstrators
  • Vehicles purchased or leased for personal, family, or household use
  • Many vehicles that are purchased or leased for business use

It is important to note that the California lemon law does not cover any of the following.

  • Vehicles that are not under warranty
  • Vehicles that are not registered under the California Vehicle Code, such as off-road vehicles
  • Vehicles that have been abused
Absolutely! In fact, the California lemon law exclusively protects vehicles that are still under warranty.

Lemon laws are state-specific laws that protect consumers who have purchased defective goods.

California’s lemon law, the Song-Beverly Act, covers consumer goods that are purchased or leased for personal, family, or household use. It applies to most consumer goods with a warranty, covering everything from clothes to food to over-the-counter drugs. That includes vehicles like cars, trucks, and motorcycles. The general rule of thumb is that the product must be deemed irreparable after several attempts to fix it and it must not have sustained damage that led to malfunctions under the consumer’s care.

The only catch is that to claim compensation through a lemon lawsuit, your vehicle must be under warranty. If your vehicle does not have a warranty, it will be difficult if not impossible to win a refund or replacement through a lemon law claim.

If you’d like to read the fine print yourself, you can find the Song-Beverly Act in the California Civil Code at the beginning of section 1790.

Generally, in the state of California, auto dealers are allowed four repair attempts for a single issue before a vehicle can be deemed a lemon. However, if your car’s defect is life-threatening, you only need to allow two repair attempts. Further, if your car has been in the shop for a total of 30 days or more, it qualifies as a lemon and you can file a claim.
The statute of limitations for filing a lemon law claim in the state of California is four years from the date on which the consumer first noticed a warrantied issue. If you miss this deadline, you unfortunately cannot file a lemon law claim.

Compensation varies on a case-by-case basis, but you could be entitled to as much as three times the total amount you paid for the vehicle in the first place. However, it is difficult to estimate an exact dollar amount for lemon law claims because each case is unique. Here are the forms of compensation we’ve won for our clients:

Refunds (Buybacks)
One option that is offered to successful lemon law claimants is a vehicle refund or buyback. In this case, all fees related to your purchase will be refunded. This includes everything from sales tax to license and registration fees to financing charges.

Replacement Vehicles
If you enjoyed your car before the defect arose, you can elect to receive a vehicle replacement from the manufacturer. The new vehicle must be substantially similar to your original one and the manufacturer must pay all taxes and fees associated with the sale. If you financed your lemon, you’ll most likely continue to pay off your loan as if you never received a new vehicle.

Civil Penalties
On top of your refund or replacement, you may also be entitled to payments from civil penalties against the manufacturer. If valid, these penalties can be worth up to twice the worth of your refund or replacement. Keep in mind that civil penalties are only applicable in cases where the manufacturer knowingly broke California’s lemon law. Proving this can be difficult, but not impossible. The earlier you reach out to a lemon law attorney, the higher your chances are of recovering civil penalties.

Attorney’s Fees
In the state of California, your vehicle’s manufacturer is required to cover your attorney’s fees in a successful lawsuit. At Golden Lemon by Compass Law Group, LLP, we believe that consumers should never have to pay for legal fees out-of-pocket. We work on a contingency basis, which means that you don’t have to pay us unless we win your case. Our livelihood depends on winning your case, so you can trust that we’ll fight hard for your rights. When we win your case, the manufacturer will cover our fees on top of your compensatory refund or replacement. There really is no reason not to hire a lemon lawyer, and the longer you wait to file your claim the more you could be missing out on in compensation.

If you are curious about how much your lemon law claim could be worth, the best way to get an accurate estimate is to get in touch with a lemon lawyer.

Yes, if you successfully pursue a lemon law claim and opt for a buy-back, you will be required to return your defective vehicle to the manufacturer.
In California, auto dealers must be allowed four repair attempts for a single issue before a vehicle can be deemed a lemon. However, if your car’s defect is life-threatening, you only need to allow two repair attempts. Additionally, if your car has been in the repair shop for a total of 30 days or more, it qualifies as a lemon and you can file a claim.
California lemon law applies to vehicles purchased or leased in California. If you’ve attempted repairs out of state through a certified dealer, you can still file a California lemon law claim. However, if you purchased your car outside of California, you will need to file a claim through the lemon laws of the state from which you purchased it.
In the state of California, auto dealers are required to complete repairs within 30 days. If your vehicle has been out of service for repairs for more than 30 days, you are entitled to file a lemon law claim.
Unfortunately, if you purchased your vehicle outside of the state of California, you will be unable to file a lemon law claim in CA. That said, you can look into filing a claim in the state where you purchased it.
If you believe you may have a lemon law case on your hands, it’s very important to keep all documentation of repair attempts, maintain records of communication between yourself and the manufacturer and/or dealer, and seek legal counsel from a lemon law attorney. Our experienced team at Golden Lemon by Compass Law Group, LLP is prepared to answer your questions. Give us a call or fill out a 2-minute evaluation to determine if you have a valid lemon law claim.

In California, a car qualifies as a lemon and you are protected under the lemon law if:

  • Your car has a valid and active warranty
  • The defect you are experiencing is covered under your vehicle’s warranty
  • Your vehicle has been taken to an authorized repair facility like a dealership for a reasonable number of repairs (2-4), but the problem persists
  • Your car’s defect has caused safety issues or has caused your vehicle to be out of service for more than 30 days

Yes, the California lemon law applies to both new and used vehicles. As with new vehicles, used cars must also be under warranty to qualify for compensation in the state of California. This can be the car’s original warranty that came with the vehicle when it was new, or it can be an extended warranty for a pre-owned vehicle that has been certified.

However, there is a catch. Many used vehicles, even those purchased from reputable dealers, may have an expired warranty. Before closing on any used vehicle, be sure to request and review all warranty documents from the dealer. That way, you won’t walk off the lot and end up stuck with a lemon you can’t do anything about.

Further, it is important to know that privately sold vehicles purchased from an individual rather than a dealership are not covered by California’s lemon laws. Regardless of whether the vehicle still has a warranty, the Song-Beverly Act only covers consumer goods, excluding privately sold vehicles from coverage under this lemon law.

In California, you are allowed four years from the initial breach of warranty to file a claim. In other words, you have four years from the first reported sign of an issue to file your claim.

According to California lemon law, manufacturers are allowed to create arbitration programs. This means that consumers can send vehicle complaints to arbitration and the manufacturer can attempt to resolve the issue without litigation. Before you agree to arbitrate, be sure to speak to a lemon lawyer. Oftentimes, manufacturers offer less than what’s due in arbitration to save themselves money.

When you purchase a vehicle from a dealer and each time you take your vehicle in for repairs at the dealership, they make internal documentation. This means there is a paper trail that you may never see. These documents include your customer copies and warranty payment documents for bookkeeping. It also includes hard copies. These hard copies consist of original notes from the mechanic who inspected your vehicle and/or signed off on it before selling it or giving it back to you after repair.

Unfortunately, dealers often do not give all documents to consumers. This is why you need an experienced lemon lawyer who will know how to source and access these important documents, which are critical in winning your case.

You aren’t legally required to involve a lawyer in a lemon law claim in California. However, it is strongly recommended because an experienced and knowledgeable lemon lawyer will be able to help you get the most out of your claim. When you file a lemon law claim, you’re likely going up against a large corporation with millions of dollars at its disposal to gatekeep you from the compensation that is rightfully yours. However, with a Golden Lemon attorney on your side, you’ll have a fierce advocate who knows the ins and outs of California’s lemon laws. We’re not afraid to face large corporations and we know how to outsmart them so you can get the refund or replacement that you deserve.

Yes and no. The United States of America has a federal lemon law that protects consumers nationwide called the Magnuson-Moss Warranty Act. In addition to the federal law, each state has its own set of lemon laws because lemon laws are a specific type of law rather than a statute just like family law and contract law.
A lemon is a consumer item– like a vehicle–with a defect that cannot be fixed even after a “reasonable number of attempts.” Although the exact origins of the term are unknown, a popular Volkswagen ad in the 1960s solidified the word’s use to refer to a defective vehicle.
To successfully pursue a lemon law buyback claim, you will need to provide documentation of all repair attempts made. This includes repair orders, invoices, and receipts.
At Golden Lemon by Compass Law Group, LLP we work on a contingency fee basis. That means that you won’t owe us a penny unless we win. Plus, even in the case that we do win, in the state of California, your vehicle’s manufacturer is required to cover your attorney’s fees in a successful lawsuit. Getting an attorney from Golden Lemon involved in your lemon law claim is a low-risk decision.
A substantial defect is one that impairs your vehicle’s “use, value, or safety.” In order to warrant a lemon law claim, your vehicle’s defect must affect its use and ability to be driven the way it is supposed to be or lower its resale value due to the issue.
Unfortunately, yes. Manufacturers and dealerships can legally sell vehicles they have bought back from a lemon law claim. When purchasing a pre-owned vehicle watch out for “Lemon Law Buyback” on the car’s title.
Yes, both leased and used vehicles qualify under the lemon law so long as they were leased or purchased from a certified dealer and are under warranty.
It costs you nothing to hire a lemon law attorney from Golden Lemon by Compass Law Group, LLP. That’s because we don’t charge you a penny unless we win. Furthermore, in the state of California, manufacturers are legally required to cover the legal fees associated with lemon law claims, so you can let the manufacturer pay your lawyer bill.
The amount of compensation for a lemon law claim varies on a case-by-case basis, but you could be entitled to as much as three times the total amount you paid for the vehicle in the first place. However, it is difficult to estimate an exact dollar amount for lemon law claims because each case is unique. That said, typically lemon law claims are settled through a buyback or replacement of your defective vehicle, plus coverage of legal fees. To determine exactly how much your claim could be worth, try our lemon law calculator.
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