Our Lemon Law FAQs
We answer the most frequently asked questions about the California Lemon Law and your consumer rights.
What is the California Lemon Law?
The California Lemon Law, also called the Song Beverly Consumer Warranty Act, protects people whose new or leased vehicle can’t be fixed after a reasonable number of repair attempts. If your vehicle came with a manufacturer’s warranty and still has a defect that affects its use, safety, or value, you may be owed a refund, a replacement vehicle, or cash compensation.
What are the requirements to qualify under the California Lemon Law?
Your vehicle qualifies if three things are true: it was bought or leased with a manufacturer’s warranty; it has a defect that affects its use, safety, or value; and the manufacturer couldn’t fix it after a reasonable number of attempts. California automatically presumes a vehicle is a lemon if a safety defect was repaired twice, any defect was repaired four times, or it spent 30 or more days in the shop.
How do I file a lemon law claim in California?
Four steps: (1) gather your repair orders and warranty paperwork; (2) get a free case review from a lemon law attorney; (3) your attorney files the claim against the manufacturer; (4) you receive a buyback, a replacement, or cash compensation. Most cases settle without going to court, and you pay nothing unless you win.
Can I file a lemon law claim without a lawyer?
Yes. You can file a lemon law claim on your own or through the manufacturer’s arbitration program. That said, most people recover more with an attorney, and because California makes the manufacturer pay your legal fees when you win, hiring a lemon law lawyer usually costs you nothing out of pocket.
Do I need a California lemon law attorney?
Yes, it’s strongly recommended. California’s Lemon Law requires the manufacturer to pay your attorney’s fees when you win, so representation usually costs you nothing. An experienced California lemon law attorney knows how to value your claim and deal with manufacturers, which typically means a faster and larger recovery than filing on your own.
How long do I have to file a California Lemon Law claim?
You generally have four years from the date you first noticed the defect to file a California Lemon Law claim. Because that window can be affected by your warranty and repair history, it’s best to speak with an attorney as soon as the problem starts. Waiting too long can put your claim at risk.
What is the average lemon law settlement in California?
It varies by vehicle and case, but a winning claim generally gets you one of three things: a buyback (a refund of what you’ve paid, minus a small mileage offset), a replacement vehicle, or cash compensation while you keep the car. In every case, the manufacturer also covers your attorney’s fees.
How much does it cost to hire a lemon law attorney?
Nothing upfront. We work on contingency, so there are no out of pocket costs, and you owe us nothing if we don’t win. When you win, the manufacturer pays your attorney’s fees and costs, not you.
Are lemon law settlements taxable in California?
Generally, no. The refund or buyback portion of a lemon law settlement usually isn’t taxable, because it’s returning money you already paid. Interest or certain penalty amounts can be taxable, so it’s worth confirming with a tax professional for your specific settlement.
Can I file a claim if I leased my vehicle?
Yes. If you leased your vehicle from a licensed California dealership and it came with a manufacturer’s warranty, you have the same Lemon Law protections as someone who bought it, including a buyback, a replacement, or cash compensation.
My car is over 18 months or 18,000 miles. Can I still file?
Yes. Reaching 18 months or 18,000 miles only affects California’s automatic “lemon presumption.” It is not a filing deadline. You can still file as long as the problem started during your warranty period and wasn’t fixed after a reasonable number of repair attempts.
How does the California Lemon Law work?
When your vehicle has a warranty defect, the manufacturer gets a reasonable number of chances to repair it. If they can’t, the law requires them to buy the vehicle back, replace it, or pay you compensation, plus your attorney’s fees. It applies to most new and leased cars, trucks, and SUVs purchased in California.