When repairs aren’t enough
California’s Song-Beverly Consumer Warranty Act can require a manufacturer to repurchase or replace a qualifying vehicle when a covered defect substantially impairs its use, value, or safety and remains unresolved after a reasonable opportunity to repair. Most new vehicles bought or leased in California qualify for protection; some business vehicles and certain out-of-state military purchases also qualify.
Used-vehicle eligibility requires careful review. Remaining factory warranty alone does not automatically make a used vehicle eligible for the new-vehicle repurchase remedy; a new manufacturer warranty issued with the sale can matter. Other warranty remedies may still apply.
What qualifies as a lemon?
There is no universal minimum number of visits. The defect, safety risk, repair history, warranty, and days out of service all matter. A defect caused by abuse or unauthorized or unreasonable use is excluded.
A rebuttable presumption may help when the statutory conditions occur within the first 18 months or 18,000 miles, whichever comes first: two attempts for a defect likely to cause death or serious bodily injury, four for the same substantial defect, or more than 30 cumulative days out of service for repairs. Notice and certified-arbitration conditions can apply. These thresholds are not the only way to prove a claim.
Recent updates · Reviewed October 15, 2026
Different manufacturers, different procedures
AB 1755 introduced new claim procedures; SB 26, signed April 2, 2025, made that framework subject to manufacturer election. Check the manufacturer and vehicle’s applicable election rather than assuming the new rules cover every claim.
For covered opt-in claims, the framework includes written pre-suit notice affecting civil-penalty eligibility, a 30-day response/offer period and 60-day completion framework, early information exchange, and mediation requirements. It also generally requires filing within one year after the applicable express warranty expires and no later than six years after original delivery, subject to statutory tolling and exceptions. Other manufacturers remain subject to the existing framework. Ask counsel to determine the applicable deadline promptly.
The process, briefly
1. Review. Gather the contract, warranty, repair orders, mileage, and lender records. We assess coverage, repair opportunities, and deadlines.
Download the Lemon Law document checklist (PDF) →
2. Present the claim. Counsel determines notice and any arbitration requirements, then seeks a buyback, replacement, or negotiated resolution.
3. Resolve or litigate. If needed, file suit, exchange evidence, and pursue mediation or trial. A settlement includes reviewing the payoff, deductions, release, and vehicle surrender.
What you may recover
A qualifying claim may provide a replacement or restitution of the vehicle price and eligible taxes, registration, fees, finance charges, and incidental expenses such as reasonable towing or rental costs, subject to legal deductions. A buyback addresses the lender’s outstanding balance as well as the consumer’s share; it is not a second cash award for the loan balance.
Prevailing buyers may recover reasonable attorney’s fees and costs. A willful violation may support a civil penalty of up to twice actual damages, but penalties are not automatic. Keep receipts; aftermarket items and related contracts need individual review.
What isn’t included
A buyback is generally reduced by a statutory mileage/use offset based on miles before the first repair attempt for the qualifying problem. Nonmanufacturer-installed items, unrelated damage, unsupported expenses, and every dollar spent on the vehicle are not automatically reimbursable. Pain and suffering, emotional distress, and punitive damages are generally unavailable under the Song-Beverly repurchase remedy itself. Separate claims may have different remedies.
How long does it take?
For planning, an agreed pre-suit resolution may take roughly 1–3 months once complete records and a proper demand are available. Contested litigation may take 6–18 months or longer; trial, appeals, court schedules, disputed eligibility, and missing documents can extend the case. These are broad estimates, not a promised schedule.
The opt-in framework’s 30/60-day periods are statutory steps, not a guarantee every case ends in 60 days. Certified arbitration typically issues a decision within about 40 days after acceptance; completion and any later litigation add time.