If your car keeps heading back to the shop for the same problem, you’re probably asking: Do I have rights under California’s lemon law? The short answer is yes—California’s Song-Beverly Consumer Warranty Act provides powerful protections for buyers and lessees of defective vehicles. Below, ZapLemon explains what the law covers, how the lemon law works in plain English, and practical steps you can take right now to protect your claim. This article is for general information only and isn’t legal advice.
What is California’s Song-Beverly Consumer Warranty Act?
California’s Song-Beverly Consumer Warranty Act is a state law that requires manufacturers to stand behind the products they sell, including cars, trucks, SUVs, motorcycles, and many other consumer goods. If a product is sold with a warranty in California, it must be fit for its ordinary purpose and conform to the promises the manufacturer or dealer made. For vehicles, that means the car should operate safely and reliably under normal use.
When a vehicle develops a defect covered by the manufacturer’s warranty, the manufacturer must repair it within a reasonable number of attempts. This applies to new vehicles and, in many cases, used or certified pre-owned vehicles that are still under the manufacturer’s new-car warranty or a dealer-provided warranty. Leased vehicles are covered too. The Act also includes an “implied warranty of merchantability,” which generally guarantees the vehicle is safe and functional for a reasonable period, even if the defect appears shortly after purchase.
The “lemon law” is a well-known part of Song-Beverly that addresses vehicles with persistent issues. California has a presumption that helps consumers: if, within the first 18 months or 18,000 miles (whichever comes first), the vehicle has a certain number of unsuccessful repair attempts for the same problem, or is out of service for repairs for an extended time (often cited as 30 or more cumulative days), the vehicle may be presumed a lemon. Severe safety issues—like brake failure, steering defects, or airbag malfunctions—can require fewer repair attempts. The presumption isn’t the only way to win a case; it’s a guideline that can shift the burden to the manufacturer, and each situation depends on its facts.
Lemon Law Basics: Your Rights, Remedies, and Tips
If a manufacturer can’t fix a covered defect after a reasonable number of attempts, California’s lemon law may entitle you to a repurchase (buyback) or a replacement vehicle. A repurchase typically includes your down payment, monthly payments made, registration fees, and payoff of your loan or lease, minus a usage deduction based on miles driven before the first substantial repair attempt. You may also recover incidental expenses like towing and rental cars that were reasonably caused by the defect. The exact remedy depends on the facts and the law, and outcomes can vary.
Practically speaking, your path usually starts at an authorized dealership for diagnosis and repair. Make sure the service advisor clearly writes your complaint in your own words (“vehicle stalls on freeway,” “check-engine light plus loss of power,” “sunroof leaks during car wash,” etc.). Ask for and keep a copy of every repair order and invoice—even if “no problem found” is written. If repairs don’t resolve the issue, many manufacturers have customer-care case numbers you can request; this creates a record that you gave the manufacturer an opportunity to fix the problem. Time limits can apply to lemon law claims, so it’s wise to act promptly and talk to a professional about your situation.
A few quick tips: keep a simple repair log noting dates, mileage, symptoms, and weather conditions; save texts, emails, and photos or videos of the issue (for example, dashboard warnings, coolant leaks, or infotainment reboots). Don’t skip scheduled maintenance—manufacturers may argue neglect if service is overdue. Avoid modifications or aftermarket tunes while pursuing a warranty claim, as they can complicate coverage. Check whether your vehicle is still within warranty and whether any recalls or technical service bulletins relate to your symptom. If you’re unsure whether your vehicle qualifies, the team at ZapLemon can review your documents and discuss options in a consultation.
This article is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Reading this page, sending us a message, or scheduling a consultation does not establish an attorney-client relationship with ZapLemon unless and until a written agreement is signed. Results are not guaranteed and depend on the facts of each case. If you believe your vehicle may qualify as a lemon under California’s Song-Beverly Consumer Warranty Act, contact ZapLemon today to discuss your situation and learn about your options. We’re here to help you understand your rights and the next steps.