Home Is Your Car a California Lemon? Understanding Your Rights Under the State’s Consumer Protection Law

Is Your Car a California Lemon? Understanding Your Rights Under the State’s Consumer Protection Law

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November 20, 2025Elvis Goren

California Lemon Law Guide. A graphic image of a lemon with wheels driving on the road

You bought a car. Maybe it was new, maybe certified pre-owned. Doesn’t matter. What matters is that it keeps breaking down, and now people are telling you that you bought a “lemon.”

Here’s what they mean.

When someone says you’ve been sold a lemon, they’re talking about getting stuck with a defective vehicle. It’s that sinking feeling when your brand-new car spends more time in the shop than in your driveway. The check engine light that won’t stay off. That transmission that shudders every time you accelerate. These aren’t just bad luck. California law actually has your back here.

Key Takeaways

You have rights: California’s Song-Beverly Act protects car buyers way better than federal lemon laws do. Your warranty period matters, not just the first year.
Key thresholds under California Lemon Law: Four repair attempts for the same defect, two attempts for a serious safety issue, or 30 cumulative days out of service. Meeting any of these may create a presumption that your vehicle qualifies as a lemon.
Time limits exist but they’re reasonable: Consumers generally have a four-year statute of limitations to file a California Lemon Law claim, starting from the date they discovered or should have discovered the problem. Defects that appear within the first 18 months or 18,000 miles may strengthen your case.
Documentation wins cases: Keep every repair order, email, text. Build your paper trail now. Manufacturers count on you having weak records.
Private sales don’t count: Lemon law only covers dealer sales and manufacturer warranties. Your neighbor’s Craigslist special isn’t protected.
Manufacturers pay your attorney fees: If you win, they cover your lawyer. That’s why most lemon law attorneys work on contingency.

What Changed with California’s Lemon Law in 2024?

People keep searching for the “new” lemon law because California recently strengthened its protections. The core law, the Song-Beverly Consumer Warranty Act, has been around since 1970. But the state keeps updating it.

The biggest recent changes? California courts have been expanding the definition of a “substantial defect.” They’re also cracking down harder on manufacturers who drag their feet. In 2024, judges ruled that safety defects don’t need to completely disable your car to qualify for lemon law protection.

Many California car owners assume Lemon Law protection only lasts for the first year or 12,000 miles, but that is a common misconception. California’s Lemon Law generally applies for the full duration of the manufacturer’s warranty, which can span several years and may extend further for certified or extended-warranty vehicles. This means that if a defect appears well after the first year, you may still be protected as long as the warranty is active.

The state also just started requiring manufacturers to be more transparent about known defects. They can’t play dumb anymore when multiple customers report the same problem.

What Actually Makes Your Car a Lemon in California?

Your car doesn’t need to be completely undriveable to qualify as a lemon.

Here’s what actually matters:

Reasonable Repair Attempts

Four attempts for the same problem. AC breaks, they fix it, breaks again. Four times, and you may have a case.
Two attempts for serious safety defects. Brakes, airbags, and steering problems that could cause death or serious injury. Two strikes, they’re out.
30 days total in the shop during your warranty period. Not consecutive. Add up all those repair visits. Waiting for parts counts. Weekends count if the shop’s closed.

Substantial Impairment

It’s not about your car being worthless. It’s about not getting what you paid for. That luxury sedan rattling like a shopping cart? Substantial.

SUV overheating on hills when you bought it for camping? Counts.

California courts consider your specific situation. A rattling dashboard might not matter to someone blasting music, but for someone with migraines? Different story.

Safety issues automatically qualify. But comfort, convenience, even resale value can count too. Persistent moldy AC smell? Maybe. Daily infotainment crashes in a tech-focused car? Possibly.

Warranty Coverage Required

The defect must appear during your warranty period. But there’s flexibility. Transmission slips at 17,500 miles, dealer can’t see you for two weeks, you hit 18,200 miles? Still covered. The defect showed up during the warranty. That’s what counts.

California’s 18,000-mile presumption makes cases easier to prove, but problems discovered later can still qualify.

When Does Time Run Out on a Lemon Law Claim?

You’ve got more time than you think. But not forever.

California gives you four years from when you first noticed the problem. Not from purchase. From discovery. Big difference.

Let’s say you buy a car in January 2024. Everything seems fine until October 2025, when the transmission starts acting up. Your four-year clock starts in October 2025, not January 2024. You’d have until October 2029 to file a claim.

But here’s where people mess up. They wait.

Memories fade. Documents disappear. That service advisor who promised to document everything? He quit six months ago. File sooner rather than later. The law gives you four years, but cases get harder to prove as time passes.

Some situations can toll the statute of limitations. If the manufacturer actively hides the defect or promises a permanent fix, the timeline can pause. Military deployment? Clock stops. But documentation is required for these exceptions.

What About the 18,000-Mile Rule?

Everyone fixates on this number. Here’s why.

If your problems start before 18,000 miles or 18 months (whichever comes first), California law presumes your vehicle may be a lemon, and the manufacturer must prove otherwise. After 18,000 miles? You can still make a claim, but the burden is on you to show the defect significantly affects your vehicle’s use, value, or safety.

It’s not a hard cutoff, though.

Plenty of successful cases involve problems discovered at 25,000 or 30,000 miles. You just need better documentation. The presumption simply makes proving your case easier. Think of it like having a head start in a race. Nice to have, but you can still win without it.

Does California Lemon Law Cover Used Cars from Private Sellers?

Short answer? No.

Longer answer? Still mostly no, with one weird exception.

Private sales are “as-is” in California. Your neighbor sells you their car, and it breaks down tomorrow, that’s on you. No lemon law protection. No warranty. Nothing. California law is crystal clear on this.

But.

If that private seller transferred the original manufacturer’s warranty to you, and it’s still valid, you might have a case against the manufacturer, not the seller. The manufacturer. This situation is rare because most private sellers do not transfer warranties correctly. When the transfer is valid and all documentation is in order, lemon law protections could apply.

Used cars from dealers? Different story. Dealers have to provide warranties on many used cars, especially those with fewer than 60,000 miles. These dealer warranties can trigger Lemon Law protections. But this applies to dealer sales – not private sales through platforms like Craigslist.

How Do You Actually File a Lemon Law Claim?

1. Getting Your Documents Together

You need everything. And I mean everything.

Purchase contract. Finance documents. Every repair order, even oil changes. Those text messages where you told the service advisor about the problem. The video you took of the weird noise. Print your emails. Screenshot your service appointments.

Create a timeline. When did each problem start? When did you report it? How long was each repair? What did they say caused it? What did they actually fix? This becomes your case bible.

2. Telling the Manufacturer (Not Just the Dealer)

Here’s where people waste months. They keep going back to the dealer, thinking that’s enough. It’s not.

You need to notify the manufacturer directly. In writing. Send it certified mail. Keep the receipt. The letter doesn’t need to be fancy. Just clear:

“My 2023 [Vehicle] has had [specific problem] repaired [number] times. The vehicle has been out of service for [number] days. This appears to qualify under California’s lemon law. Please contact me to discuss replacement or repurchase.”

Find the manufacturer’s address in your owner’s manual or warranty booklet. Not the dealer. The actual manufacturer. Ford Motor Company. Tesla, Inc. Toyota Motor Sales, U.S.A. Send it to their legal department if you can find that address.

3. Lawyer or No Lawyer?

You can do this yourself. Technically.

But here’s what actually happens. You send your letter. The manufacturer’s response comes from their legal department. They offer you an extended warranty. Or a cash settlement that’s insulting. Or they ignore you completely.

This is when most people lawyer up.

The beautiful thing about California’s lemon law? The manufacturer pays your attorney fees if you win. Not you. Them. So decent lemon law attorneys work on a contingency basis. They only get paid if you get paid, and the manufacturer covers their fees in addition to your settlement.

Without an attorney, manufacturers lowball you. With one, they suddenly discover reasonableness. Funny how that works.

How Hard Is Winning a Lemon Law Case Really?

Let me be straight with you.

Most cases settle before trial. Manufacturers know that trials are expensive and juries tend to side with consumers. So if you have decent documentation and a legitimate defect, they’ll usually deal.

But “winning” means different things.

Quick Wins vs. Full Victory

Some people get offers within 60 days. Usually, these are obvious cases. Safety defects with clear documentation. Multiple repair attempts for the same issue. These manufacturers want these cases to disappear quickly.

Others drag on for months or even a year. Complex electrical issues. Intermittent problems. Disputes about whether something is really a “defect” or just an annoying characteristic. These take patience.

The best cases have what lawyers call “clean facts.” Same problem, multiple times, well-documented, substantial impact. The messier your facts, the longer it takes.

Settlement amounts vary wildly. Some people get full purchase price refunds plus incidentals. Others get partial refunds, accounting for the miles they drove problem-free. Some accept replacement vehicles. A few get cash settlements to keep their cars.

Your leverage depends on your documentation and your patience. Manufacturers bank on you getting tired and taking the first offer. Don’t.

Your Next Move

If you’ve already got a stack of repair orders and your car’s still not right, it’s time to escalate. Whether you go it alone or get legal help, don’t just accept that you’re stuck with a defective vehicle. California law exists specifically to protect you from this situation.

The manufacturers count on you not knowing your rights. Or being too overwhelmed to fight. But the law is actually on your side here. You just need to use it.

Need to discuss your specific situation? DK Law offers free consultations for potential lemon law cases. We’ll review your documents, assess the strength of your claim, and explain your options.

No pressure, just straight answers about whether you’ve got a case worth pursuing. Call DK Law today or fill out our contact form to get started.

About the Author

Elvis Goren

Elvis Goren is the Organic Growth Manager at DK Law, bringing over a decade of content and SEO expertise from Silicon Valley startups to the legal industry. He champions a human-first approach to legal content, crafting fun and engaging resources that make complex injury law topics resonate with everyday readers while driving meaningful organic growth.