California Lemon Law Attorneys

In November 2024, the California Supreme Court altered protections for used cars under the California Lemon Law, limiting the consumer’s ability to demand a refund or replacement vehicle in these cases.

However, while the California Supreme Court has narrowed the scope of what a consumer may recover under the California Lemon Law (Song-Beverly Consumer Warranty Act), it did not eliminate the consumer’s right to recover damages.

If you bought a used car that turned out to be defective, you may still pursue claims for money damages and attorney’s fees. Additionally, you may have recourse under California breach of warranty laws and the federal Magnuson-Moss Warranty Act. 

If the vehicle manufacturer has opted in to California’s AB 1755 fast‑track program, you must file a lemon law claim within one year after your vehicle’s express warranty expires or within six years after the vehicle’s original delivery date, whichever comes first.

If the manufacturer has not opted in to this program, you have up to four years after the defect surfaces to file a claim. Additionally, the Federal Lemon Law affords you up to four years to file a claim from the time your vehicle’s warranty was breached. 

A vehicle qualifies for the Lemon Law in California if it has a significant defect that affects its use, value, or safety, and the manufacturer doesn’t fix it after a reasonable number of attempts. This generally means four tries for the same issue, two attempts for the same safety defect, or 30+ total days waiting on repairs.

The California Lemon Law holds manufacturers responsible for defective vehicles. Under the law, car manufacturers who fail to repair defects after a reasonable number of attempts (or a reasonable timeframe) must provide the consumer with a refund or replacement vehicle. The law applies to most passenger vehicles covered by a new-vehicle warranty, with some exceptions. 

To meet the requirements of the California Lemon Law, your vehicle must be under the manufacturer’s original warranty and suffer a defect that substantially impairs the vehicle’s use, value, or safety. If the manufacturer fails to repair the issue after 2-4 attempts, or the vehicle awaits repairs for 30 or more days, it is presumed to be a lemon. 

Filing a lemon law claim on your own can be extremely challenging and time-consuming. That’s why, while it is possible to file a lemon law claim yourself, most people choose to hire an attorney.

The California Lemon Law and other consumer laws allow you to recover your attorney’s fees from the manufacturer if you prevail. This means, in many cases, you can hire a lawyer without upfront costs. 

The lawyers at Krohn & Moss, Ltd. Consumer Law Center® have decades of experience helping consumers level the playing field against some of the world’s largest corporations. To file a lemon law claim in California, our lawyers will start by gathering all necessary documentation, including repair records, warranty documents, repair orders with service dates, the purchase or lease contract, and vehicle registration. This paperwork is crucial to prove your defect started under warranty and that the dealer had reasonable opportunities to fix it.

They will then send a formal written notice to the manufacturer on your behalf, requesting a buyback or replacement under the California Lemon Law. Their notice will include the Vehicle Identification Number (VIN), a detailed description of the defects and repair history, and a clear request for repurchase or replacement. They will be sure to send the notice to the correct address or the required form to send this notice. They will also counsel you on exactly what you are entitled to recover and advise you on what to do during the time period your claim is pending. They will also conduct all necessary discovery to obtain the documents the car manufacturers don’t want you to see, including their internal technical service bulletins that contain admissions of vehicle defects. 

After we send your notice, the manufacturer may respond by offering to settle, requesting additional repairs, or denying your claim. Our attorneys will contact you at this stage to discuss the settlement offer of next steps if an offer is not made. Depending on the manufacturer, you may also be required to participate in early mediation under the state’s fast-track dispute resolution program (introduced in AB 1755). If your claim isn’t resolved at this stage, you can proceed by filing a lawsuit, which our attorneys will handle for you. 

Don’t go it alone against an automobile manufacturer that has limitless resources to defend against your case. Hire an experienced law firm with over 60,000 cases under its belt, like Krohn & Moss, Ltd. Consumer Law Center®. We’ll help you get the relief you’re owed.

California’s Lemon Law allows a consumer to recover the full purchase price of what they paid for a vehicle, including sales tax, finance interest charges, and other collateral charges. The only subtraction from this buyback formula (or mileage offset) is calculated by multiplying the purchase price by the mileage at the first repair attempt and then dividing that by 120,000 miles (the presumed lifespan of a vehicle in California).

California’s Lemon Law is designed to make sure manufacturers stand behind their warranties. 

Once your vehicle meets the legal requirements of being a lemon— meaning it has a warranty-covered defect that substantially impairs the use, value, or safety of the car, and you’ve given the dealer ample opportunity to fix it — your next step is to formally reach out to the manufacturer in writing. This written notice is legally required and should include your contact information, the Vehicle Identification Number (VIN), a description of the problem and repair history, and a clear request for a buyback, replacement, or another remedy. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® will ensure that proper notice is provided to the automobile manufacturer so you do not lose your case on a technicality.

The manufacturer is then given a chance to respond and offer a remedy. If they agree the car qualifies, they’ll arrange either a replacement or a buyback based on a set formula. If they deny the claim or don’t satisfactorily resolve it, you have the right to file a legal claim. Additionally, the law requires the manufacturer to pay your reasonable attorney’s fees if you’re successful.

In California, the automobile manufacturer is responsible for paying the consumer’s attorney’s fees in a successful lemon law case. This means consumers pursuing a lemon law claim should not have to pay attorney’s fees out of pocket if they win or settle their case. The manufacturer is required to cover the consumer’s reasonable attorney’s fees and costs as part of the settlement or judgment.

To file a lemon law claim in California, start by reaching out to an experienced lemon law attorney, since it is not advisable to take on a car manufacturer on your own. Working with a lawyer makes the process easier and increases your chances of success. Under the state lemon law’s fee-shifting provision, the manufacturer is required to cover your attorney’s fees when you prevail, making hiring a lawyer all the more worthwhile. 

Your lawyer will help you complete all the necessary steps, including gathering documentation, sending a formal written notice to the manufacturer, entering mediation (if required), filing a lemon lawsuit (if necessary), and fighting for appropriate compensation.

The Lemon Law presumes your car is a lemon if problems arise within the first 18 months or 18,000 miles, making your case easier to prove. But you can still file a claim after that, as long as the defect first appeared while the car was under warranty. Keep in mind that you only have up to one year after the warranty expires (or six years after delivery, whichever comes first) to file a claim if the manufacturer has opted in to California’s AB 1755 fast‑track program. Otherwise, you have up to four years after the defect surfaces to file a claim. 

In California, the statute of limitations for filing a lemon law claim is four years after the vehicle defect first surfaces. However, if the manufacturer opts in to AB 1755, you have one year after the warranty ends or six years from the delivery date—whichever is earlier. It’s crucial to file your claim within this timeframe, as waiting longer can jeopardize your ability to pursue legal action.

No, the California Lemon Law only applies to sales by dealers or manufacturers. Private party purchases don’t qualify under the Song‑Beverly Consumer Warranty Act, but the Federal Lemon Law can sometimes provide an avenue for legal recourse if the vehicle you purchased is covered by the balance of a warranty provided by a car dealer or manufacturer.

A California Lemon Law case can take anywhere from a few months to over a year, depending on the circumstances. Hiring an experienced lemon law attorney can help move the process along and take the burden off your shoulders.

The California Lemon Law covers new vehicles with original manufacturer warranties, including:

• Cars, Trucks, Vans, and SUVs
• The chassis, chassis cab, and drivetrain of motor homes 
• Dealer-owned and Demonstrator Vehicles
• Leased Vehicles
• Vehicles Purchased for Business Use (if the buyer/lessee has no more than five vehicles registered in California)

If a vehicle manufacturer fails to repair a warrantied defect after a reasonable number of attempts, the California Lemon Law entitles the consumer to a refund or replacement vehicle. In most cases, the first step in filing a claim is to notify the manufacturer of your intention to do so. If you have a strong case, the manufacturer may offer a settlement at this point.

Otherwise, the next step is generally to present the case to an arbitration board, which can be done remotely by submitting the relevant documents. The board will review the case and issue its opinion. If the consumer is not satisfied with the arbitrators’ decision, they may then file a lawsuit.

At Krohn & Moss, Ltd. Consumer Law Center®, more than 99% of our cases settle before going to trial. So even if we do file suit, manufacturers almost always offer acceptable settlements before we need to take it further. Regardless of when the offer arrives, only the consumer can decide whether or not to accept it. We’ll advise you, but the decision is yours to make.

The California Lemon Law grants dealers four (4) repair attempts for any single defect. However, if the defect has the potential to cause serious injury or death, the law only provides dealers with two (2) repair attempts. Additionally, if your car is out of service for repairs for a total of 30 days or more, it qualifies as a lemon.

In each of these cases, the vehicle must first be brought in for service within 18 months or 18,000 miles (whichever comes first) of the original delivery date.

The California Lemon Law defines a repair attempt as any time a consumer presents a vehicle to an authorized dealer for repair, even if the dealer is unable to duplicate the problem you are having or says there is no problem with the vehicle.

For example, say you bring your car to an authorized dealer four times for a steering concern. Even if the dealer claims to be unable to duplicate the issue three of those four times, all four times still count as repair attempts. You attempted to have the defect repaired by bringing it in for service four separate times and that’s all that matters.

In the express language of the Song-Beverly and Tanner Consumer Protection Act (California’s Lemon Law), the phrase “four (4) repair attempts within 18 months or 18,000 miles” is often misunderstood as a requirement for vehicles to qualify as lemons. But it is possible to successfully pursue cases that do not meet these requirements.

The California Lemon Law provides that a consumer may be entitled to a refund or replacement of their vehicle if the manufacturer is unable or unwilling to repair the vehicle within a reasonable number of attempts. The Lemon Law presumes that a reasonable number of attempts have occurred if the vehicle has been subject to repair four (4) times for the same non-conformity within 18 months or 18,000 miles, whichever occurs first. But this is only a presumption.

A consumer may still qualify for lemon law remedies if they do not meet this presumption. In fact, many of our former and current clients have vehicles that qualify for the refund/replacement remedy without meeting this presumption. Moreover, several consumers have vehicles that qualify for the repurchase/replacement remedy even when their problems occurred after a year or 18,000 miles.

You have four years from the date of the breach of warranty to file a lawsuit under the Song-Beverly Act (California Lemon Law). In other words, you have four years from the date of the first failed repair attempt.

No, you may file a claim directly against the automobile manufacturer without help from an attorney. However, we’re often able to secure settlements that are far more beneficial to our clients than the ones they might collect on their own. Retaining our counsel costs you nothing, means less work for you, and greatly increases your chances of success.

Since 1995, the lemon law lawyers at Krohn & Moss, Ltd. Consumer Law Center® have helped over 60,000 consumers settle their Lemon Law disputes with automobile manufacturers. We also have an A+ rating with the Better Business Bureau. So no, you don’t need to hire a lawyer for your Lemon Law case, but there are literally no advantages and numerous disadvantages to filing on your own.

NOTHING! California’s Lemon Law includes a fee-shifting provision that holds the manufacturer responsible for your legal fees when you win your case. And at Krohn & Moss, Ltd. Consumer Law Center®, we don’t charge for our services unless you prevail. It’s common for other firms to charge their clients for filing fees and other costs related to the case. But our California clients pay nothing out-of-pocket.

YES! The California Lemon law applies to both used and pre-owned cars that are still covered by a dealer or manufacturer’s warranty. The law does not distinguish between new and used car purchases. As long as your vehicle meets the definition of a lemon, you can and should pursue compensation.

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 date of the breach of warranty. So if your car is still relatively new and has a defect that the dealer can’t seem to fix, touch base with us today for a free case review.

No, private party sales are no longer covered under the Song-Beverly Act, California’s Lemon Law. However, the Magnuson-Moss Warranty Act also protects Californians who purchase vehicles from private sellers as long as the vehicle is still under warranty. This “federal Lemon Law” also provides consumers with as many as four years after the warranty was breached.

YES! If the vehicle was originally serviced during the warranty period for a defect that was never fixed, the California Lemon Law will still apply. Consumers have four years from the date of the breach of warranty to file a lawsuit under the California Lemon Law.

The “federal Lemon Law,” the Magnuson-Moss Warranty Act, also grants consumers up to four years after the breach of warranty occurs to file a claim. That said, the sooner you take action the better your chances are of success.

Every Lemon Law case is different, but the vast majority of cases in California settle in a matter of months rather than weeks or years. We’re obligated to share every settlement offer that we receive with you. And the decision to accept or reject all offers is yours and yours alone, but we will provide you with our professional opinion of the offer.

Our goal is always to get you the greatest possible compensation for your lemon. Thus, we try to avoid setting general expectations about how long a random case may take. However, once we’ve reviewed the details of your case, we may be able to provide you with a rough estimate based on similar cases we’ve handled.

The California Lemon Law covers most new vehicles and even used vehicles that are still covered by the manufacturer’s warranty. Specifically, it covers:

• Vehicles with a gross weight under 10,000 lbs
• Vehicles purchased or leased for personal, family, or household purposes
• Vehicles purchased or leased for business purposes, as long as the purchaser/lessee has no more than five vehicles registered in California
• The chassis, chassis cab, and components of motor homes devoted to propulsion
• Dealer-owned vehicles
• “Demonstrator” vehicles

YES! The vehicle portion of RVs and motor homes are covered by the California Lemon Law. Thus, the law protects the drive train, the chassis, and the chassis cab of RVs and motorhomes.

YES! The California Lemon Law does apply to motorcycles.

YES! Customized vehicles are covered by the lemon law. However, manufacturers are not required to repair defects that result from unauthorized customizations.

The law also has special provisions for vehicle manufacturers that alter new vehicles into housecars. When alterations in such cases nullify warranty coverage from the original vehicle manufacturer for any or all components, the alterer assumes the responsibility of said warranty.

The California Lemon Law applies only to vehicles purchased in the State of California. However, if you purchased your vehicle outside the State of California you may qualify for a case under the federal Lemon Law, known as the Magnuson-Moss Warranty Act.

A buyback under the California Lemon Law includes the return of any down payment or trade-in value, all payments made plus the payoff of any loan on the vehicle. From this total, the manufacturer will reduce the total by a sum proportional to the time you were able to use the vehicle before the first failed repair attempt. Additional deductions may be necessary for negative equity rolled into the loan, non-manufacturer service contracts, and after-market items.

Yes, if the manufacturer has established a qualified third-party dispute resolution process, consumers must attempt to resolve their issue with the arbitrators before they may file a legal claim. However, if the manufacturer has not established such a process or if they have not notified the consumer of the process in writing, the consumer may take legal action immediately.