Buying a new car should bring peace of mind, not repeat visits to the dealership. But for thousands of California drivers each year, that excitement quickly turns into frustration when their vehicle starts showing serious problems that just won’t go away.
Maybe the check engine light won’t stay off. Maybe your car stalls in traffic, or the transmission rough shifts. You have taken it in again and again, and each time, the dealership assures you it’s “been fixed.” But here you are—still dealing with the same issue.
California has some of the strongest lemon laws in the country, but most drivers don’t know how or when they apply.
This guide walks you through how to tell if your car is legally considered a lemon, what makes a defective vehicle eligible for protection, and how to start a lemon law claim in California.
What Is a Lemon Car, Legally Speaking?
Under California’s Song-Beverly Consumer Warranty Act, a lemon car is a vehicle with a substantial defect that the manufacturer or dealership can’t fix after a reasonable number of repair attempts.
But what exactly counts as “substantial”?
A defect is considered substantial if it affects the vehicle’s use, safety, or value, like transmission issues, engine stalling, faulty steering, or brake failure.
Cosmetic issues or minor inconveniences usually don’t qualify.
And here’s the kicker: the law doesn’t require dozens of repair attempts. In many cases:
- Two attempts may be enough for safety-related defects
- Four attempts for non-safety issues
- Or, if your car has been in the shop for 30 cumulative days, that alone may qualify it as a lemon
📌 Timing matters: The vehicle being 30 days cumulative out of service must arise within 18 months or 18,000 miles of delivery (whichever comes first).
Signs Your Car Might Be a Lemon
You don’t need to memorize legal codes to know when something’s wrong. Here are some common red flags:
- You’ve brought your car in multiple times for the same issue
- It’s been at the dealership for weeks with no resolution
- You’re experiencing dangerous malfunctions like loss of power, brake loss, or airbag failure
- You’ve followed all maintenance steps and still have no answers
Let’s say your new SUV starts losing power on the freeway twice. The dealership replaces a sensor. The issue returns. Even two failed repairs for a safety issue like this could be enough to trigger lemon law protection.
Not sure if your issue qualifies? Compare your situation to our guide on Lemon Law vs. Warranty to understand when one ends and the other begins.
Does California Lemon Law Apply to Your Vehicle?
Here’s when California’s lemon law kicks in:
1. The vehicle was purchased or leased in California
2. It’s covered by a manufacturer’s warranty
3. The defect occurred within 18 months or 18,000 miles
4. You gave the manufacturer or dealership a reasonable opportunity to fix it
Lemon law applies to:
- New vehicles (cars, trucks, SUVs, electric vehicles)
- Certified pre-owned vehicles still under the original factory warranty (exclusions may apply)
- Some business vehicles under 10,000 pounds
Lemon law may apply to used cars, but only if they’re still under the original manufacturer’s warranty, not just a dealer warranty.
What to Do If You Suspect Your Car Is a Lemon
1. Keep Detailed Repair Records
Every time your car is serviced, keep the invoice. Ask for written confirmation of the problem reported and the fix attempted. This paperwork becomes your strongest evidence.
2. Track the Timeline
Was your car out of service for 30+ days total? Did the same issue reappear after two or more repairs? These details matter.
3. Give the Dealer a Fair Chance
The law requires that you give the manufacturer or dealership a chance to fix the issue. Refusing repairs can hurt your claim.
4. Talk to a Lemon Law Attorney
If the problem persists, don’t wait. A qualified lemon law lawyer can help you file a claim, and you may not have to pay out of pocket. In California, manufacturers are often required to cover your attorney’s fees if you win.
What You’re Entitled to Under California Lemon Law
If your car qualifies, you may be entitled to:
- A refund (including taxes, registration, loan payments, and even towing)
- A replacement vehicle of equal value
- Compensation for expenses caused by the defective vehicle
- Attorney’s fees paid by the manufacturer
And in some cases, you could be awarded civil penalties if the manufacturer knowingly violated the law.
Conclusion: Know Your Rights Before You Settle
You shouldn’t have to settle for a car that is not what you paid for.. If your lemon car is still under warranty and the dealership can’t fix it, you may have a valid lemon law claim, even if they tell you otherwise.
And if your situation involved a collision due to the defect, understanding how fault is determined in California could further support your case.
Schedule a free consultation with Court House Lawyers today. We’ll help you understand your options, review your documents, and fight for the refund or replacement you deserve.
Curious how lemon law works alongside warranties? Read: Lemon Law vs. Warranty: What’s the Real Difference?
