Buying or leasing a vehicle in California should mean reliable transportation, not repeat trips to the service bay. If your car has ongoing problems that the dealer can’t fix, you may be wondering whether it qualifies as a “lemon” under California law and what to do next. This overview from ZapLemon explains, in plain language, how the California Lemon Law works, what kinds of defects are covered, and the practical steps you can take to protect your rights. It’s educational information—not legal advice—and a consultation is the best way to get guidance tailored to your situation.
What Qualifies as a Lemon Under California Law
California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) generally applies to new or used vehicles purchased or leased in California that come with a manufacturer’s warranty. A vehicle may be a “lemon” if it has a warranty-covered defect that substantially impairs the vehicle’s use, value, or safety, and the manufacturer or its authorized dealer can’t fix it after a reasonable number of repair attempts. In many cases, the law requires that the manufacturer get an opportunity to repair the problem.
There’s also a helpful “presumption” period: during the first 18 months from delivery or 18,000 miles (whichever comes first), the law presumes a vehicle is a lemon if certain conditions are met—for example, two or more repair attempts for a serious safety issue, four or more attempts for the same non-safety defect, or if the vehicle is out of service for repairs for a total of 30 or more days. This presumption is not required to win a claim—it just makes proving your case easier. Vehicles outside the presumption window may still qualify depending on the facts and warranty coverage.
Examples of qualifying defects include recurring transmission slipping, engine stalling, brake failures, steering problems, electrical system glitches, defective infotainment or backup cameras, airbag and seatbelt warnings, battery or range faults in EVs, and persistent “check engine” lights that stem from a real issue. Used and certified pre-owned vehicles can be covered if the defect occurs while the original manufacturer’s warranty—or a certified program warranty—still applies. The law doesn’t cover problems caused by misuse, accidents, or unauthorized modifications, and the exact question of what is a “reasonable” number of repairs depends on the situation.
Steps to Take: Records, Repairs, and Your Rights
Start documenting as soon as you notice a problem. Describe the symptoms in plain terms (when it happens, speeds, smells, warning lights) and ask the service advisor to put your complaint on the repair order. Always get copies of repair orders and invoices showing dates in/out, mileage, and what was done (including software updates, parts replaced, and warranty codes). Keep a folder with all communications—texts, emails, voicemails, and towing or rental receipts.
Use the manufacturer’s authorized service center and give them a fair chance to repair the issue. If the defect keeps coming back, consider sending the manufacturer a written notice (certified mail can help you prove delivery) that outlines the ongoing problem and repair history. Check your owner’s manual or the manufacturer’s website for any dispute resolution or arbitration programs, and calendar important dates so you don’t miss warranty deadlines. For safety defects, consider towing rather than driving the vehicle; note any days the car is unavailable, including time waiting for parts.
If your vehicle qualifies under the Lemon Law, potential remedies may include a refund (with a usage offset) or a replacement vehicle, plus certain incidental costs in appropriate cases. Some consumers resolve claims through manufacturer arbitration; others pursue court. Every case is fact-specific, and this overview isn’t legal advice. A consultation with a California lemon law attorney can help you understand options and next steps. ZapLemon can review your documents, explain the process, and discuss a strategy that fits your situation.
Attorney Advertising. This post is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Results depend on the facts of each case and no outcome is promised or guaranteed. Reading this blog or sending a message through our site does not form an attorney-client relationship; a signed engagement agreement is required.
If you believe your vehicle may qualify as a lemon, contact ZapLemon at (310) 489-3017 or https://zaplemon.com to request a consultation. We’re here to help you understand your rights and the steps you can take to move forward.