Lemon Law Attorneys Explain Vehicle Manufacturer Obligations

When your new or warrantied used car keeps going back to the shop for the same issue, you’re not just unlucky—you may have rights under California’s Lemon Law. At ZapLemon, our lemon law attorneys explain what the law requires from vehicle manufacturers so you can understand your options. The goal here is to give clear, practical information you can use to talk with a lawyer and make informed decisions.

What California Lemon Law Requires of Automakers

California’s Lemon Law—part of the Song-Beverly Consumer Warranty Act—requires automakers to stand behind their written warranties. That means manufacturers must make warranty service available, ensure authorized dealers can perform repairs, and cover parts and labor at no cost to you during the warranty period. These duties apply to new vehicles and, in many situations, to used or certified pre-owned vehicles that are still under the manufacturer’s warranty.

If a substantial defect can’t be fixed after a “reasonable number” of repair attempts, the manufacturer must repurchase (buy back) or replace the vehicle. California provides a helpful guideline called the Lemon Law Presumption: during the first 18 months or 18,000 miles, a vehicle may be presumed a lemon if (1) the same safety-related defect that could cause serious injury or death wasn’t fixed after two attempts, (2) the same non-safety defect wasn’t fixed after four attempts, or (3) the car was out of service for repairs for a total of 30 days. This presumption is not the only way to prove a lemon, and cases can qualify outside these limits depending on the facts.

Common qualifying issues include engine stalls, transmission shudder or failure, brake problems, steering defects, electrical or charging faults in EVs, repeated check-engine lights, and infotainment or backup camera failures that impair safety or use. Automakers are responsible for coordinating and authorizing repairs through their dealers. While dealers do the hands-on work, the manufacturer remains obligated to make repairs available within a reasonable time and, when required by law, to provide a repurchase or replacement. Keep all repair orders, dates, mileage, and descriptions of symptoms—those records often tell the story of the manufacturer’s compliance with the law.

Repair, Replace, or Refund: Maker Duties Explained

Repair: During the warranty period, the manufacturer must fix defects so the vehicle conforms to the warranty, without charging you for covered parts, labor, or diagnosis. Repairs should be completed within a reasonable time, and manufacturers must maintain or authorize service facilities that can actually do the work. If a part is on backorder or a software patch is repeatedly attempted without success, that delay and repetition can matter when evaluating whether the “repair” obligation has been met.

Replace: If the vehicle qualifies and you pursue a replacement, the manufacturer must provide a comparable vehicle—generally similar model, trim, and options—at no cost beyond any lawful usage charges or fees permitted by the statute. Taxes, registration, and other collateral charges on the replacement are handled according to the law so you’re not paying for the same vehicle twice. The replacement should be new or comparable and come with the standard warranty; details can vary based on your paperwork, finance terms, and the specific automaker’s process.

Refund (Repurchase): If a buyback is the path forward, the refund typically includes the price you paid for the vehicle, sales tax, registration, and other eligible fees and incidental damages, minus a reasonable mileage/use offset based on when the defect first appeared. Loan payoffs and finance charges are handled through the repurchase accounting, and negative equity or add-ons can complicate the math. Because every situation is different, it’s smart to review the proposed refund carefully and ask questions before signing any release. Many consumers also request reimbursement for reasonable towing or rental expenses associated with the defect—keep your receipts.