California Lemon Law Attorneys

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.

To be eligible for compensation, the California Lemon Law requires that 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.

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.

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.

Typically, the law defines “a reasonable number of repair attempts” as two to four, depending on the severity of the defect. Additionally, if the vehicle is out of service for repairs for a total of 30 or more business days, it’s presumed to be unreasonable and qualifies as a lemon.

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)