You bought a new car, and it has spent more time in the shop than in your driveway. The dealer keeps saying “we’ll take another look,” but the problem keeps coming back. California law has a name for this situation — and it gives you real leverage.
California’s lemon law is formally called the Song-Beverly Consumer Warranty Act (Civil Code sections 1790–1795.8). It says that if a manufacturer can’t fix a warranty defect on your new vehicle after a reasonable number of attempts, it has to either replace the vehicle or buy it back. That includes a refund of your down payment, loan payoff, and taxes and fees you paid.
What counts as a lemon
Not every annoying rattle qualifies. The defect has to be covered by the manufacturer’s warranty and must substantially impair the use, value, or safety of the vehicle. A glitchy infotainment screen is frustrating; a transmission that won’t shift or brakes that intermittently fail is the kind of problem the law is built for.
The car also needs to be a “new motor vehicle” — which under California law includes leased vehicles, dealer demos, and certain certified used vehicles sold with a manufacturer warranty. Problems that started before the warranty expired generally count, even if the repair attempts dragged past the warranty period.
The repair-attempt rule: 4, 2, or 30
The Tanner Consumer Protection Act (Civil Code 1793.22) creates a presumption that a “reasonable number of attempts” has been met when, within 18 months of delivery or 18,000 miles (whichever comes first):
- The same defect has been repaired 4 or more times, and you notified the manufacturer directly at least once, or
- A defect likely to cause death or serious injury has been repaired 2 or more times, again with at least one direct notice to the manufacturer, or
- The vehicle has been out of service for warranty repairs for a cumulative total of 30 or more days.
This is a presumption, not a hard cutoff. If your car falls outside the 18-month/18,000-mile window, you can still have a valid claim — the burden just shifts to you to show the defect substantially impaired the vehicle and the manufacturer had a reasonable chance to fix it.
How to start a claim
- Notify the manufacturer in writing. The presumption requires at least one direct notice to the manufacturer (not just the dealer) for the repair-attempt prongs. Send a letter to the address listed in your warranty or owner’s manual, keep a copy, and mail it certified with return receipt.
- Send a demand letter. Lay out the facts — purchase date, defect, every repair visit — and demand a replacement or repurchase. Many manufacturers have an internal resolution or arbitration program; you can use it, but you are not required to accept the outcome.
- File suit if they stall. Lemon law claims can be filed in California courts, including small claims court. One powerful detail: Civil Code 1794(d) requires the manufacturer to pay your reasonable attorney’s fees if you win, so many California lemon law attorneys take these cases on contingency — you pay nothing up front.
Document everything like it’s already a case
Your paper trail is what turns a frustrating story into a winning claim. From the first repair visit:
- Keep every repair order. Ask the service writer for a copy each time, and make sure it describes the problem in your words and lists what the shop actually did.
- Log every day out of service. Write down drop-off and pickup dates, mileage in and out, and whether you got a loaner.
- Save all communications. Emails and texts with the dealer and manufacturer count. Follow up phone calls with a short written summary: “Per our call today…”
- Keep receipts. Rental cars, tow bills, and ride-share costs are recoverable expenses — but only if you can prove them.
- Don’t repair it yourself. Unauthorized repairs can muddy the “reasonable attempts” question and may void coverage.
The California angle matters
California is one of the strongest lemon law states in the country. The willful-violation penalty under Civil Code 1794(c) can add up to two times your actual damages on top of the buyback — which is why manufacturers often settle once they see an organized file. Our free California lemon law guide walks through the claim process step by step, including a demand letter template you can use.
Start the day you notice a pattern, not the day you lose patience. The 18-month/18,000-mile clock is ticking from delivery, and the repair orders you keep today are the evidence you’ll need tomorrow.
Get the free kit
Grab our free California lemon law guide — repair log sheets, a demand letter template, and a checklist of the documents your claim needs. From the Compliance Alliance Network, free forever.
For educational purposes only. This is not legal advice, and no attorney-client relationship is established by reading this article or downloading any linked materials.
