Gavin Howe
California's Lemon Law protects consumers who have purchased a vehicle that is defective and cannot be repaired after a reasonable number of attempts. The law covers vehicles purchased for personal, family, or household purposes, as well as those purchased for business purposes, as long as the purchaser has no more than five vehicles registered in California. The law imposes a four-year deadline to file a lemon law claim, which usually starts from the date the consumer first believes their vehicle is a lemon. This law is applicable to both new and used vehicles that are covered by a dealer or manufacturer's warranty. Consumers may be eligible for remedies such as refunds, replacements, or cash compensation, and attorneys' fees are also available for qualified consumers.
| Characteristics | Values |
|---|---|
| Time limit to file a claim | 4 years |
| Vehicles covered | Cars, trucks, SUVs, RVs, motorcycles, motor homes, customized vehicles |
| Vehicle weight | Under 10,000 lbs |
| Purpose | Personal, family, household, or business |
| Number of vehicles | Up to 5 vehicles registered in California for business purposes |
| Repair attempts | 2 attempts for defects that might cause death or serious injury, or 4 attempts, or 30 calendar days out of service |
| Notification | Buyer must directly notify the manufacturer of the need for repair |
| Mileage | 18,000 miles on the odometer |
| Timeframe for repair attempts | 18 months from delivery to the buyer or 18,000 miles, whichever occurs first |
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What You'll Learn
California Lemon Law time limit
California's Lemon Law protects consumers who have purchased a vehicle that is defective and cannot be repaired after a reasonable number of attempts. The law covers vehicles purchased for personal, family, or household purposes, as well as vehicles purchased for business purposes, as long as the purchaser has no more than five vehicles registered in California. The vehicle must also have a gross weight of under 10,000 lbs.
The time limit for filing a lemon law claim in California is four years from the date the consumer discovers or first believes that their vehicle is a lemon. This is often after a reasonable number of repair attempts or after the warranty has expired and the vehicle has still not been properly repaired.
Under California's Lemon Law, a reasonable number of repair attempts is generally considered to be four or more times for the same problem, or two or more times for a problem that could cause death or serious injury. The vehicle must also have been out of service for repair for more than 30 days. These repairs must occur within 18 months of delivery or 18,000 miles on the odometer, whichever comes first.
It's important to note that each lemon law case is different, and while most cases settle within a few months, it's recommended to consult a qualified lemon law lawyer as soon as possible to discuss your specific situation.
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What vehicles are covered?
The California Lemon Law covers a wide range of vehicles, including cars, trucks, SUVs, motorcycles, off-road vehicles, chassis cab trucks, and RVs. The law applies to both new and used vehicles that are covered by a manufacturer's or dealer's warranty. It is important to note that the vehicle must be purchased in the state of California to be covered by the California Lemon Law.
The law covers vehicles with a gross weight under 10,000 lbs, including those purchased or leased for personal, family, or household purposes. It also covers vehicles purchased or leased for business purposes, as long as the purchaser or lessee has no more than five vehicles registered in California. The chassis, chassis cab, and components of motor homes devoted to propulsion are also covered, as well as dealer-owned vehicles and "demonstrator" vehicles.
The California Lemon Law also applies to customized vehicles, but it's important to note that manufacturers are not required to repair defects resulting from unauthorized customizations. Additionally, the law has special provisions for vehicle manufacturers that alter new vehicles into housecars. In these cases, the alterer assumes responsibility for the warranty if alterations nullify the original manufacturer's warranty.
While the California Lemon Law does not cover private party sales, the Magnuson-Moss Warranty Act, also known as the "federal Lemon Law," protects Californians who purchase vehicles from private sellers as long as the vehicle is still under warranty. This federal law allows consumers to pursue breach of warranty claims for up to four years after the breach of warranty.
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Repair attempts
California's Lemon Law protects consumers when their vehicles are defective and cannot be repaired after a reasonable number of attempts. The law applies to vehicles that are:
- Purchased or leased for personal, family, or household purposes
- Used or bought primarily for business, provided that no more than five vehicles are registered in California and the vehicle's gross weight is under 10,000 pounds
- Purchased or leased by a full-time active-duty member of the Armed Forces stationed or residing in California
The law also covers motorcycles and the vehicle portion of RVs and motor homes, including the drive train, chassis, and chassis cab.
A "reasonable" number of repair attempts is generally presumed to have been made if, within 18 months of delivery or 18,000 miles (whichever comes first):
- The vehicle has been taken in for repair by the manufacturer or its agents at least four times for the same problem, and the issue persists.
- The vehicle has been taken in for repair by the manufacturer or its agents at least twice for a problem that could cause death or serious injury, and the issue remains unresolved.
- The vehicle has been out of service for repair for a cumulative total of more than 30 days (these days do not need to be consecutive).
If these criteria are met, the manufacturer is required to repurchase or replace the vehicle.
It is important to note that the law does not cover any portion of a motor home designed, used, or maintained primarily for human habitation. Additionally, manufacturers are not obligated to repair defects resulting from unauthorized customizations.
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Manufacturer's responsibility
In California, the manufacturer is primarily responsible for addressing lemon law cases. Manufacturers are legally obligated to produce and deliver vehicles that are free from defects. If a car has a significant defect that cannot be repaired after a reasonable number of attempts, the manufacturer must either replace the vehicle or refund the purchase price. The California Lemon Law covers most new vehicles and even used vehicles that are still covered by the manufacturer's warranty.
The law applies to various consumer products, including cars, and provides consumers with legal recourse when dealing with a lemon. A vehicle is considered a lemon in California if it meets one of the following criteria:
- The manufacturer has made two or more unsuccessful attempts to repair a serious issue, especially one that might cause death or serious injury.
- There have been four or more unsuccessful attempts to fix any warranty problem.
- The vehicle has been out of service for a cumulative total of 30 or more days due to warranty repairs.
- The vehicle's defects significantly impair its use, value, or safety.
It's important to note that the repairs must be attempted by the manufacturer or its authorized agents. Dealerships play a role in the process by acting as intermediaries between the consumer and the manufacturer, facilitating the repair or replacement process.
California's Lemon Law includes a fee-shifting provision that holds the manufacturer responsible for legal fees when the consumer wins their case. Consumers may also be entitled to a repurchase of the vehicle or a cash settlement. Additionally, the Magnuson-Moss Warranty Act, often referred to as the "federal Lemon Law," allows consumers to pursue breach of warranty claims for up to four years after the breach.
As of May 2, 2025, several major automakers have opted into California's new Lemon Law procedures under Assembly Bill 1755 (AB 1755), which introduces significant changes. These include mandatory mediation between manufacturers and consumers before litigation, a pre-litigation notice period of 30 days, streamlined discovery requirements, and strict timelines for manufacturers to respond to repurchase or replacement requests.
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Legal fees
The California Lemon Law provides consumer protection for individuals who unknowingly purchase faulty cars that cannot be fixed after a number of unsuccessful repair attempts. The law also covers other consumer products, including trucks, motorcycles, SUVs, motor homes, RVs, trailers, boats, and watercraft.
The lemon law process can be long and frustrating, taking anywhere from a few weeks to a few months or even longer. Most cases are resolved out of court within 2 months, but there is no specific timeframe for consumer-direct communications and negotiations with an automobile manufacturer.
Lemon law attorneys in California typically work on a contingency basis, meaning they only get paid if they are successful in getting you paid. There are no out-of-pocket attorney's fees for pre-litigation representation, and attorneys' fees are requested from the manufacturer as part of any settlement. If there is no recovery obtained on your behalf, then no fees are charged.
Some law firms in California offer free initial consultations to evaluate the merits of your case and may even cover your legal fees regardless of the outcome of your case. However, it is important to note that auto manufacturers have access to some of the best legal teams, and it is recommended to hire a specialized lemon law attorney to improve your chances of a successful claim.
While the California Lemon Law provides strong protections to car consumers, it also has strict eligibility requirements. It is important to consult with an attorney to determine if your vehicle qualifies as a lemon and to maximize your opportunity for recovery.
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Frequently asked questions
The California Lemon Law is designed to protect consumers who have purchased cars that are not working as they should. This law covers motor vehicles sold or leased with a manufacturer’s new vehicle written warranty.
A "lemon" is a defective vehicle that the manufacturer cannot fix in a reasonable time. This law limits the number of repair attempts a manufacturer can make on a car before they need to buy back or replace the vehicle.
While the definition of "reasonable" is not conclusively established in the law, a reasonable number of repair attempts is generally considered to be four or more times for the same problem, or two or more times for a problem that could cause death or serious injury.
Vehicles with a gross weight under 10,000 lbs, vehicles purchased or leased for personal, family, or household purposes, and vehicles purchased or leased for business purposes with no more than five vehicles registered in California are covered.
Consumers have four years from the date of the breach of warranty to file a lawsuit under the California Lemon Law.
