The Lemon Act and Filing Requirements

If your car keeps going back to the shop for the same problems, you may be wondering whether California’s Lemon Act can help. Below, we explain what the California Lemon Law (part of the Song-Beverly Consumer Warranty Act) covers and the basic filing requirements most people face when pursuing a claim. This article is for general information only and is not legal advice. If you want guidance on your specific situation, contact ZapLemon for a consultation.

What the California Lemon Act Covers and Why It Matters

California’s Lemon Law protects consumers who buy or lease vehicles with substantial defects that the manufacturer or its authorized dealer can’t fix within a reasonable number of attempts while the vehicle is under the manufacturer’s warranty. It typically applies to new vehicles and many used vehicles that are still covered by the original factory warranty or a certified pre-owned (CPO) warranty. The key is that the problem significantly impairs the vehicle’s use, value, or safety and first appears during the warranty period.

Common examples include repeated transmission slipping, engine stalling, brake failures, steering issues, electrical system malfunctions, airbag or sensor faults, battery drain, and infotainment or backup camera failures that affect safety or function. To preserve your rights, repairs should be performed by an authorized dealership, and you should obtain a detailed repair order each time the vehicle is serviced. Even if a defect is intermittent, consistent documentation of symptoms, dates, and mileage can help show a pattern.

California law also includes a “lemon law presumption” during the first 18 months or 18,000 miles, which may apply if, for example, there are four or more repair attempts for the same issue, two or more attempts for a defect that could cause serious injury or death, or if the vehicle is out of service for repair for a total of 30 or more days. This is not a guarantee, but it can make a claim easier to prove. Potential remedies under the law can include a repurchase (buyback), a replacement vehicle, or other relief, depending on the facts. Because every case is different, a consultation is important to understand how the law may apply to you.

Filing Requirements: Steps, Records, and Deadlines

If you think you have a lemon, start by confirming warranty coverage and giving the manufacturer a reasonable opportunity to fix the problem. Take the vehicle to an authorized dealer for each repair attempt and clearly describe the symptoms (when they occur, dashboard warnings, noises, and how the issue affects driving). Many manufacturers also require written notice of the defect and a chance to repair before they consider a repurchase or replacement, so keep copies of any letters or emails you send.

Strong records are essential. Keep every repair order and invoice showing dates, mileage in and out, the complaint you reported, diagnostic steps, parts replaced, and the number of days your car was in the shop. Maintain a simple log with dates, photos or videos of the problem, and any roadside assistance or towing receipts. Save the purchase or lease agreement, warranty booklet, recall notices, and all communications with the dealer or manufacturer. Ask service advisors to include your full description of the problem on the repair order—don’t let vague wording (like “customer states noise”) hide important details.

Deadlines matter. In California, many lemon law claims involve timelines tied to when the defect appeared during warranty coverage and a statute of limitations that can be several years from when you knew or should have known of a warranty breach. There is also the 18 months/18,000 miles presumption window, which can help but is not required to bring a claim. Because deadlines can be fact-specific and missing them can impact your options, consider speaking with a lemon law professional as soon as recurring issues arise. ZapLemon can help you review your documents, understand next steps, and discuss options such as a demand to the manufacturer or arbitration, where applicable.

ZapLemon helps California drivers understand their rights when ongoing vehicle defects won’t go away. This article is for informational purposes only, does not constitute legal advice, and reading it does not create an attorney–client relationship. If you believe your vehicle may qualify as a lemon, contact ZapLemon at (415) 555-0137 or visit www.zaplemon.com to request a consultation and discuss your situation.

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