If you’ve recently bought or leased a vehicle in California and it keeps having the same problems—no matter how many times you’ve taken it in for repairs—you might be dealing with a lemon. At Win Lemon Law, we’ve seen it all. We understand how frustrating it is when your vehicle is constantly in the shop, especially when it’s supposed to be brand new or under warranty. Whether it’s a strange noise, a warning light that won’t turn off, or something more serious like brake or transmission failure, these issues can disrupt your life and create unnecessary stress. The good news? California’s Lemon Law is here to protect you—and we’re here to make sure it works in your favor.
Our firm is proud to represent consumers across California who feel stuck with a defective car. This article will break down exactly what the California Lemon Law is, how it protects car buyers and lessees, who qualifies, and what compensation you could be entitled to. Let’s get into it.
What Is the California Lemon Law
The California Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is a state law designed to protect consumers who purchase or lease defective vehicles. If your vehicle suffers from issues that substantially impair its use, value, or safety—and the manufacturer fails to repair those issues within a reasonable number of attempts—then the law requires the manufacturer to either replace the vehicle or provide a full refund. This law applies to both new and certain used vehicles that are still under the manufacturer’s warranty.
In essence, the Lemon Law is your legal shield. It holds manufacturers accountable when they sell vehicles that don’t meet quality and performance standards. If your car turns out to be a lemon, you shouldn’t be the one left paying for it—they should.
What Does the California Lemon Law Do for Car Buyers?
The law provides strong protection if your vehicle is under warranty and repeatedly experiencing mechanical issues. Once it’s been confirmed that your vehicle is defective, the manufacturer has a legal obligation to make things right.
First, they must maintain authorized repair facilities in California. This means you should not have to travel out of state to get warranty repairs done—there should be a service center within reasonable distance to perform the work.
Second, they are required to complete repairs within 30 days or less, unless delays are caused by factors out of their control, like parts being unavailable due to supply chain issues. But excessive or repeated delays without good reason may still support your case.
Third, manufacturers must make a reasonable number of repair attempts. The law doesn’t specify an exact number because it varies depending on the severity of the defect. For serious safety issues, even two repair attempts may be enough. For less urgent issues, more attempts may be required.
If repairs don’t fix the issue, the manufacturer must either replace your vehicle or buy it back. In a buyback, you’ll be refunded for payments you’ve made, minus a small deduction for the time the car worked properly (called the “trouble-free use” offset). If they replace the vehicle, it must be a comparable make and model—and you shouldn’t owe anything additional.
Lastly, the manufacturer is responsible for covering your attorney fees and legal costs. That means you can work with our experienced legal team at Win Lemon Law without paying anything upfront.
Do I Qualify for Protection Under the California Lemon Law?
You may qualify for protection under California’s Lemon Law if you purchased or leased a new vehicle in California that is still under the manufacturer’s warranty and has a significant defect. This defect must affect the vehicle’s use, value, or safety—not just cosmetic or minor inconveniences.
To qualify, the manufacturer or dealership must have been given a reasonable number of attempts to fix the problem, but they’ve failed to do so. In some cases, this could mean the vehicle has been in the shop four or more times for the same issue. In others—especially those involving serious safety concerns—just two visits may be enough.
In addition, if your vehicle has been in the shop for over 30 days total (not necessarily consecutive), that’s also a qualifying factor, especially if the time lost was due to repairs of warranty-covered defects. It’s important that the problem originated during the warranty period, even if your warranty has since expired.
Keep in mind, the issue must not be the result of misuse, neglect, or unauthorized repairs by the owner. Regular maintenance and responsible use are key. If the defect is manufacturer-related and impairs your car’s performance, you likely qualify.
What Am I Entitled To If I Have a Lemon?
If your vehicle qualifies as a lemon under California law, you are entitled to either a vehicle buyback or a replacement vehicle, depending on your preference and the circumstances.
In a vehicle buyback, the manufacturer must refund your down payment, all monthly payments made, registration fees, applicable taxes, and any incidental costs, like towing and rental car expenses. They will subtract a small amount for the miles you drove while the vehicle was working properly, but everything else should be covered—including your attorney fees.
With a vehicle replacement, the manufacturer gives you a comparable vehicle of similar make and model at no additional cost to you. This includes refunding your out-of-pocket costs related to the lemon, including your down payment and monthly payments already made. The replacement must be free of defects and come with a full manufacturer’s warranty.
Regardless of which outcome you pursue, the law also allows you to recover reasonable legal fees, meaning that in most cases, you don’t pay us a dime out of pocket.
What If My Vehicle Is No Longer Under Warranty?
You may still have a valid lemon law claim even if your warranty has expired—as long as the defect first appeared during the warranty period. In this case, timing is everything. The earlier you act, the better your chances of success.
We always recommend consulting with a qualified California lemon law attorney (like our team at Win Lemon Law) as soon as you suspect your vehicle might be a lemon. Even if you’re unsure, we can help review your repair records and advise whether you have a strong case.
Many consumers don’t realize that the lemon law is triggered by when the problem starts, not when the case is filed. If your first visit to the dealership for the issue happened while the vehicle was under warranty, you may still qualify—even if months have passed since then. That’s why it’s so important to keep copies of all repair orders, invoices, and warranty documents. These serve as critical evidence to support your claim. Don’t let the expiration of your warranty stop you from getting justice—we can help you take the next step.
Frequently Asked Questions (FAQ) About California Lemon Law
1. What qualifies a car as a “lemon” in California?
A vehicle is considered a lemon if it has a significant defect that affects its use, value, or safety—and the manufacturer has failed to repair it after a reasonable number of attempts while under warranty.
2. Does the Lemon Law apply to leased vehicles?
Yes. Both leased and purchased vehicles are covered under the California Lemon Law as long as the defect arises during the manufacturer’s warranty period.
3. How many repair attempts are considered “reasonable”?
There’s no strict number, but generally, four or more attempts for the same issue—or two attempts for serious safety defects—can qualify. If your vehicle is out of service for over 30 days for repairs, that can also be grounds for a claim.
4. Can I still file a claim if I bought a used car?
You might be eligible if the vehicle is still covered by the original manufacturer’s warranty. The key factor is whether the issue started during the warranty period.
5. How much does it cost to hire Win Lemon Law?
Our services cost you nothing out of pocket. If we win your case, the manufacturer pays our attorney fees and legal costs. If we don’t win—you don’t pay. It’s that simple.
6. What if the dealer keeps telling me everything is “normal”?
Trust your instincts. If your vehicle doesn’t feel right, continue documenting each issue and seek a second opinion. Dealerships don’t always get it right, and we can help hold them accountable.
7. How long do I have to file a lemon law claim?
The general statute of limitations for filing a lemon law claim in California is four years from the date you knew (or should have known) your vehicle was a lemon. The sooner you act, the stronger your case will be.
8. What documents do I need to start a claim?
Bring repair orders, receipts, warranty information, your purchase or lease agreement, and any communication with the dealer or manufacturer. We can help you organize and evaluate them.
9. Can I still drive my vehicle while pursuing a lemon law claim?
Yes, you can typically continue using the vehicle. Just keep detailed notes on how the defect affects your driving experience and any new repairs that are attempted.
Final Thoughts
At Win Lemon Law, we focus solely on helping California drivers get the justice they deserve when stuck with a defective vehicle. We understand how frustrating it is to feel like you’re being ignored by the dealership or manufacturer—and we know how to make them listen.
Our firm takes pride in providing personalized service, aggressive legal representation, and fast results. Whether your case is resolved through negotiation or litigation, we fight for your full compensation. And because we don’t get paid unless you win, there’s absolutely no risk to getting in touch.
You don’t have to keep dealing with a car that doesn’t work the way it should. Let us help you get back on the road with peace of mind—and the compensation you’re entitled to under the law.