Buying a car is supposed to bring peace of mind, not endless trips to the repair shop. But when a vehicle suffers repeated, serious defects, California law may give you the right to walk away with a refund, a replacement, or a financial settlement.
California protects car buyers through consumer warranty laws, most notably the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act. Together, these statutes hold manufacturers accountable when they sell or lease cars that don’t perform as promised.
Coverage usually applies to new cars, but certain used vehicles may also qualify if the original factory warranty is still active. The key is that the defect must be significant and the automaker must have failed to fix it after being given a fair opportunity.
Every case depends on its facts, but these are the main factors courts and lawyers examine:
1. The problem is more than cosmetic.
To trigger the Lemon Law, the defect must affect the car’s safety, reliability, or value. Think transmission trouble, brake failure, faulty electronics (including AC and infotainment), or defective airbags—not minor issues like rattles or paint blemishes.
2. The defect appeared under the manufacturer’s warranty.
Only problems that arise while the original warranty is in force are covered. Add-on warranties from third parties generally don’t count.
3. The dealership had reasonable chances to repair it.
The law doesn’t say you must wait forever. Generally, a lemon may be found when:
A dangerous safety issue isn’t fixed after two or more repair attempts
The same recurring defect persists after four or more visits
Or, the vehicle has been unusable for 30 or more days total due to repairs
Any one of these scenarios might be enough.
Not all used cars are excluded. If you purchased from a licensed dealer and the vehicle was still within the manufacturer’s warranty period, you may have protection. Certified Pre-Owned cars can also qualify, depending on the overlap between the CPO warranty and the original factory coverage.
Document everything. Hold onto receipts, service records, and dealer notes.
Keep a repair log. Note how many times you’ve taken the car in and how many days it’s been out of commission.
Move quickly. Waiting can weaken your position or put you at risk of running past the manufacturer's warranty period.
Seek legal guidance. A lawyer who handles Lemon Law claims can evaluate your situation and outline your options.
⚖️ Bottom line: California’s Lemon Law was written to protect drivers from being stuck with unsafe or unreliable cars. If your vehicle is turning into a money pit, it may be time to find out whether it legally qualifies as a lemon.