California Lemon Law: A Plain-English Guide

Short answer: California's lemon law can require a manufacturer to replace a covered vehicle or make restitution when it cannot repair a warranty-covered problem after a reasonable number of attempts. The problem must substantially impair the vehicle's use, value or safety. The familiar two-repair, four-repair and 30-day figures belong to a rebuttable presumption; they are not a universal eligibility checklist. Civil Code § 1793.2(d)(2); § 1793.22(b), (e)(1); California Attorney General consumer guidance.

What is California lemon law?

“California lemon law” usually refers to the vehicle protections in the Song-Beverly Consumer Warranty Act, which begins at Civil Code section 1790, together with the Tanner Consumer Protection Act in section 1793.22. Song-Beverly covers consumer warranties more broadly; the Tanner Act adds the motor-vehicle presumption and related definitions. Civil Code §§ 1790 et seq. and 1793.22.

In practical terms, a qualifying defect is called a nonconformity: a failure to meet an applicable express warranty that substantially impairs the vehicle's use, value or safety to the buyer or lessee. The manufacturer's obligation under the new-motor-vehicle refund-or-replace provision arises after a reasonable number of repair attempts. A minor annoyance, an excluded problem or damage from unauthorized or unreasonable use is not the same thing. § 1793.22(e)(1); § 1794.3.

Who and which vehicles qualify?

The answer depends on the vehicle, how it is used, and the warranty issued with the transaction.

New, leased and demonstrator vehicles

The statute covers new motor vehicles bought or used primarily for personal, family or household purposes. It expressly includes dealer-owned vehicles, demonstrators and other vehicles sold with a manufacturer's new-car warranty. A lessee has corresponding warranty rights: section 1793.2(d)(2)(D) incorporates section 1795.4 for new-motor-vehicle leases. § 1793.22(e)(2); § 1793.2(d)(2)(D); § 1795.4.

Used vehicles: the warranty must be issued with the sale

Some used vehicles qualify, including a demonstrator or another vehicle for which a manufacturer's new-car warranty is issued with the sale. But an ordinary used car that merely has an unexpired balance of the original manufacturer's warranty does not qualify for section 1793.2(d)(2)'s refund-or-replace remedy.

The California Supreme Court drew that line in Rodriguez v. FCA US, LLC (2024) 15 Cal.5th 1169. It held that “sold with a manufacturer's new car warranty” means the new-car warranty was issued with the sale. The Court noted that other potential remedies, including California Commercial Code and federal Magnuson-Moss Warranty Act claims, were not eliminated. Full Rodriguez opinion, S274625 (Oct. 31, 2024), via Justia; California Attorney General guidance. For a dedicated walkthrough of demonstrators, private-party sales and leftover-warranty limits, see Does California lemon law cover a used car?.

A “certified” label or a separately purchased service contract should not be assumed to answer this question. Review the actual sale and warranty documents.

Certain small-business vehicles

A new motor vehicle bought or used primarily for business can qualify when both of these statutory limits are met:

• its gross vehicle weight is under 10,000 pounds; and
• the buyer or user, including a qualifying legal entity, has no more than five motor vehicles registered in California.

Civil Code § 1793.22(e)(2).

Motor homes, motorcycles and off-highway vehicles

For a motor home, the new-motor-vehicle definition includes the chassis, chassis cab and propulsion portion, but not the portion designed, used or maintained primarily for human habitation. Motorcycles and vehicles unregistered because they are used exclusively off highways are excluded from that definition. Other warranty provisions may treat different vehicle components differently. § 1793.22(e)(2)–(3); § 1793.2(d)(1).

How many repair attempts are enough?

The underlying standard is a reasonable number of attempts, which depends on the circumstances. The Tanner Act supplies a rebuttable presumption when specific events happen within 18 months after delivery or 18,000 miles on the odometer, whichever comes first. Attorney General: reasonable attempts and presumption; § 1793.22(b).

Source: Civil Code § 1793.22(b)(1)–(3).

Three cautions matter:

1. “More than 30” is not the same as “30 or more.” The days can add up across repair visits rather than needing to be consecutive. The Attorney General confirms the days need not be in a row.
2. The presumption can be challenged. It affects the burden of proof; it is not an automatic verdict or guaranteed repurchase.
3. Missing this window does not, by itself, answer the broader reasonable-attempts question. The Attorney General expressly describes these factors as not required for every claim. Do not treat this table as a complete case evaluation.

Sources for these points: § 1793.22(b); Attorney General guidance.

When do you have to notify the manufacturer?

For the two-attempt serious-safety route and the four-attempt route, direct notice is required only if the manufacturer clearly and conspicuously disclosed the statutory provisions and direct-notice requirement with the warranty or owner's manual. When required, notice goes to the address specified there. The 30-day route in section 1793.22(b)(3) does not have that same direct-notice condition. Civil Code § 1793.22(b).

This Tanner notice is different from the newer pre-suit notice for civil penalties in an opt-in case under Code of Civil Procedure section 871.24, discussed below. Do not substitute one for the other.

What records should you keep?

Keep the purchase or lease agreement, warranty booklet, registration, repair orders and invoices, dates and mileage for every visit, written communications, and receipts for towing, repairs or rentals. For warranty work, the repair facility must present a copy of the work order or repair invoice and any attachment when service or repairs are made. Civil Code § 1793.1(a)(2).

Ask that each visit accurately describe your complaint, including when the problem occurs and any warning lights or symptoms. If the shop cannot reproduce the problem, keep that record too. This guide does not decide whether a particular visit legally counts as an attempt; preserve the documentation rather than guessing.

For a dispute about a California repair shop, the Bureau of Automotive Repair's official complaint page explains the government complaint route. That process is separate from a manufacturer warranty claim.

Replacement or restitution: what can the manufacturer owe?

When section 1793.2(d)(2) applies, the manufacturer must promptly replace the vehicle or make restitution after being unable to repair it within a reasonable number of attempts. The buyer can choose restitution instead of accepting a replacement. Civil Code § 1793.2(d)(2).

Replacement

Replacement means a substantially identical new motor vehicle with the express and implied warranties normally accompanying that kind of new vehicle. The manufacturer also pays covered taxes, license and registration fees, other official fees connected with replacement, and qualifying incidental damages such as reasonable repair, towing and rental-car costs actually incurred. § 1793.2(d)(2)(A).

Restitution and the mileage offset

Restitution includes the actual price paid or payable, transportation and manufacturer-installed options, certain collateral charges such as taxes and official fees, and qualifying incidental damages. Nonmanufacturer items installed by a dealer or buyer are excluded under this provision. § 1793.2(d)(2)(B).

The statutory mileage deduction is:

Actual vehicle price used by the statute × miles before the first delivery for repair of that problem ÷ 120,000.

The mileage runs up to the first delivery to the manufacturer, distributor or authorized repair facility to correct the problem giving rise to the nonconformity—not every later repair visit. § 1793.2(d)(2)(C).

That formula is not a guaranteed settlement quote. Loan or lease payoffs, add-ons, negative equity, optional products and other case-specific accounting can matter. Opt-in cases also have additional calculation and offset rules in Code of Civil Procedure § 871.27.

Attorney fees, costs and civil penalties

A buyer who prevails in an action under section 1794 can recover reasonably incurred costs and expenses, including attorney fees based on actual time expended, as determined by the court. That is different from promising free representation or fees in every negotiated resolution or arbitration. Civil Code § 1794(d); DCA arbitration FAQs.

If the buyer establishes a willful failure to comply, section 1794(c) allows—but does not require—a civil penalty of up to two times actual damages, subject to statutory exclusions. Section 1794(e) separately addresses violations of the motor-vehicle replace-or-refund obligation, with conditions involving a qualified third-party process, written notice and timely manufacturer compliance. A buyer cannot recover penalties under both subdivisions for the same violation. Civil Code § 1794(c) and (e).

State-certified arbitration and other dispute options

The Department of Consumer Affairs' Arbitration Certification Program (ACP) certifies and monitors qualifying third-party programs. Its arbitration is free to file, does not require an attorney, and usually produces a decision within 40 days after the claim is filed with the certified program. If the consumer accepts the decision, the manufacturer is bound and generally must perform within 30 days. DCA Arbitration Certification Program FAQs; DCA arbitration information.

If a qualified process exists and the buyer received timely written notice of it and its operation and effect, the buyer may need to use that process initially before asserting the Tanner presumption. The statute also describes when the presumption can be asserted if no qualified process exists, the buyer is dissatisfied with its decision, or the manufacturer does not promptly fulfill an accepted decision. Civil Code § 1793.22(c)–(d).

Do not confuse this with an arbitration clause in a purchase, lease or warranty contract. Check the actual documents and applicable rules rather than assuming all arbitration works the same way.

The New Motor Vehicle Board offers voluntary, no-cost mediation for some manufacturer warranty/repair disputes. It cannot order a result, and its official page expressly lists Lemon Law outside its jurisdiction. It is not a substitute for ACP-certified arbitration or legal advice about a lemon-law claim. See also the branching steps in how to file a lemon law claim in California.

What changed under AB 1755 and SB 26?

AB 1755 added motor-vehicle restitution/replacement procedures beginning at Code of Civil Procedure section 871.20. SB 26, signed April 2, 2025, changed their implementation and made manufacturer election central. These newer procedures are not universal for every California lemon-law claim: sections 871.20–871.28 apply to covered actions only against a manufacturer that elected them. DCA explanation of AB 1755 and SB 26; CCP §§ 871.20, 871.29 and 871.30.

For covered opt-in actions, important features include:

• Filing limits: generally within one year after the applicable express warranty expires and no later than six years after original delivery, with specified tolling. This is not a general deadline for every possible warranty claim. CCP § 871.21.
• Pre-suit notice for civil penalties: at least 30 days before a covered action seeking section 1794(c) penalties, specified written information and a repurchase/replacement demand must be sent by the prescribed email or certified/registered-mail route. Section 871.24 became operative July 1, 2025. Possession, sale and timing rules also apply. A basic restitution/replacement action can be brought without that notice, but civil penalties cannot then be sought under that route. CCP § 871.24.
• Litigation procedure: represented parties have specified initial disclosures, depositions and mediation steps, with exceptions and sanctions. The disclosure rules do not apply to an unrepresented party. CCP § 871.26.
• Settlement details: the chapter contains particular offsets, lease calculations, a standardized release and payment-timing rules. CCP §§ 871.25 and 871.27.

Manufacturers elect through the DCA's Arbitration Certification Program. For later five-year periods, the statute uses an October 31 election date preceding those years, and DCA must publish election information by December 15. A manufacturer must also tell a consumer at the new-vehicle sale which statutory procedure governs. Check the DCA's live manufacturer-election page and the sale documents for the particular vehicle and year. CCP § 871.29.

This overview does not list individual manufacturers because the fetched DCA election page supplied its heading but no usable names during our November 5, 2026 review. That missing page content does not mean no manufacturers opted in. Check the live list before relying on election status.

What does “Lemon Law Buyback” mean on a title?

California's Automotive Consumer Notification Act covers later sales of certain manufacturer-reacquired vehicles. In the circumstances described by section 1793.23(c), the manufacturer must retitle the vehicle in its name, ask DMV to mark the ownership certificate “Lemon Law Buyback,” and attach the required decal. Later transfers require prescribed written disclosures about the buyback, defects and repairs. Civil Code § 1793.23; § 1793.24; Vehicle Code § 11713.12.

The DMV's Lemon Law Buyback Vehicles guide tells shoppers to check the California title and registration for “Lemon Law Buyback,” check for the decal, ask the seller, and review the required written defect-and-repair notice.

A practical next-step checklist

For a process map that branches by warranty coverage and manufacturer election—rather than a single universal filing form—see How do you file a lemon law claim in California?. Used-vehicle eligibility is covered in detail in Does California lemon law cover a used car?.

1. Read the warranty issued with your sale or lease. Confirm the defect and vehicle fall within its coverage rather than relying only on a “certified” or “extended warranty” label.
2. Build a repair timeline. Record every date, mileage, complaint, repair result and day out of service; preserve “could not duplicate” records too.
3. Check the manufacturer's notice instructions. Look in the warranty and owner's manual, and preserve a copy of any notice and proof of delivery.
4. Check dispute options and election status. Use the DCA's certified-program and manufacturer-election pages; read any separate contractual arbitration clause.
5. Get individual advice before acting on a deadline or demand. The applicable procedure and available remedies depend on facts this general guide cannot evaluate. This website does not provide legal services or referrals; the State Bar's lawyer referral information is an official starting point if you want to find a lawyer.

Sources and review limits

This guide was checked against the official California statutes, Attorney General, DCA, NMVB, DMV and BAR pages linked above on November 5, 2026. The California Supreme Court opinion is linked to the accessible full text on Justia because the indexed courts.ca.gov document URL returned not found during review. No settlement statistics, manufacturer-specific outcomes or claims about current individual opt-in names are included.

Published November 5, 2026 · Last reviewed November 5, 2026 · How we write and review guides