California Lemon Law: Your Rights During the Warranty Period

When a new or used vehicle under warranty keeps breaking down, the frustration can be overwhelming. California Lemon Law, part of the Song-Beverly Consumer Warranty Act, gives consumers important protections during the warranty period—but many drivers aren’t sure what those protections actually mean in everyday terms. At ZapLemon, we help Californians understand their options so they can make informed choices about next steps.

Know Your Rights Under California’s Warranty Period

California’s Lemon Law generally applies to new vehicles and many used vehicles that come with a manufacturer’s warranty and are bought or leased in California. If your car, truck, SUV, or EV has a defect covered by the manufacturer’s warranty and the dealer can’t fix it after a reasonable number of attempts, you may have the right to a repurchase (buyback) or a replacement, plus certain incidental expenses. “Reasonable number” doesn’t mean unlimited trips to the shop—your warranty is supposed to mean something.

The law includes a helpful “presumption” period: within the first 18 months or 18,000 miles (whichever comes first), the vehicle is presumed to be a lemon if certain thresholds are met. Examples include two or more repair attempts for a defect likely to cause serious injury or death (like brake or steering failures), four or more repair attempts for the same issue that substantially impairs use, value, or safety, or more than 30 total days in the shop for warranty repairs. Even if your situation falls outside these numbers or occurs after this window, you may still have rights—these are guidelines, not hard limits.

Importantly, the defect must arise during the warranty period, and you must give the manufacturer or its authorized dealer a reasonable opportunity to repair. If repairs drag on, you don’t have to live with a dangerous or unreliable vehicle forever. Consumers may also recover certain out-of-pocket costs related to the defect, such as towing or rental cars, and manufacturers may apply a mileage offset for the time you had use of the vehicle before the defect first emerged. Every case is fact-specific, which is why it’s wise to get a personalized assessment before deciding what to do next.

Steps to Take During the Manufacturer’s Warranty

First, report the issue promptly and take the vehicle to an authorized dealer for diagnosis and repair. Describe the symptoms clearly—when the problem happens, what warning lights show up, and how it affects driving. Always ask for a detailed repair order each time, showing the date in and out, mileage, reported symptoms, technician findings, parts replaced, and whether the problem was verified. These documents are the backbone of a lemon law claim, because they prove the pattern of defects and repair attempts.

Keep a simple file with everything related to the problem: repair orders, towing receipts, rental car invoices, recall or Technical Service Bulletin (TSB) printouts, and notes of any calls or emails with the dealer or manufacturer. If the vehicle is out of service for multiple days, track them carefully. Don’t attempt DIY fixes or let non-authorized shops tear into the defect while the vehicle is under warranty—manufacturers often argue that outside repairs complicate or void coverage. If the dealer says “no problem found,” keep returning when the issue recurs and insist the symptoms are documented.

If the defect persists after multiple visits, consider opening a case with the manufacturer’s customer care line and ask for a case number. Some manufacturers offer arbitration programs; these may be optional, and whether arbitration is a good move depends on your situation. Before you sign any settlement or release, understand what rights you may be giving up. Deadlines can apply, evidence can go missing, and the details matter—so it’s smart to speak with a California lemon law attorney for guidance tailored to your facts.

This article is for general informational purposes only, is not legal advice, and does not create an attorney–client relationship. Attorney Advertising. Past results do not guarantee a similar outcome. If you believe your vehicle may qualify as a lemon, contact ZapLemon for a consultation to discuss your options. Visit zaplemon.com or reach out to our team to get started.