California Lemon Law — Do You Qualify?

Qualify in minutes for a buyback, replacement, or cash settlement under California's Song-Beverly Act

Attorney fees often paid by manufacturer if you win

Under California Civil Code § 1794(d)

Eligibility at a Glance

California's lemon law protections under the Song-Beverly Consumer Warranty Act

Reasonable Attempts

California's presumption is met if, within 18 months or 18,000 miles, any of these occur:

  • 4 unsuccessful repairs for the same issue
  • 2 unsuccessful repairs for a defect that could cause death/serious injury
  • 30+ total days out of service

Source: Department of Consumer Affairs

Used & CPO Vehicles

Covered if sold with the manufacturer's new-vehicle warranty (or if issues began and were reported while still under that warranty).

California is one of the few states that extends lemon law protection to used vehicles under the original manufacturer's warranty.

Source: Department of Consumer Affairs

What You Can Recover

Buyback or Replacement

Refund: Purchase price minus mileage deduction, plus taxes/registration and certain incidental costs (towing, rental).

Replacement: Comparable new vehicle of the same make/model.

Mileage Deduction Formula

California uses this formula: (miles at first repair ÷ 120,000) × vehicle price

This amount is deducted from your refund or replacement value to account for use before the first repair attempt.

Source: FindLaw CA Civil Code § 1793.2

Fees & Costs

California's fee-shift provision protects consumers

If you prevail, California's Song-Beverly Act lets the court award your reasonable attorney's fees and costs—that's why many clients pay $0 out of pocket to start.

Manufacturer Pays: Under California Civil Code § 1794(d), if you win, the manufacturer is typically ordered to pay your attorney fees and court costs.

Sources: FindLaw CA Civil Code § 1794

Exactly What to Save

Essential Documents

  • All repair orders and invoices
  • Photos/videos of symptoms
  • Dates out of service (with loaner details)
  • Recall/TSB notices

Check Your Vehicle

Look up recalls and technical service bulletins for your vehicle:

NHTSA VIN Lookup Tool

Timeline (Typical)

1

Intake & Document Gathering

We collect all repair orders and vehicle history

2

Demand Letter

We send formal demand to manufacturer

3

Negotiation

Manufacturer response and settlement discussions

4

Resolution

Buyback, cash-and-keep, or replacement (court if needed)

Note: Timelines vary based on case complexity and manufacturer responsiveness. Arbitration is optional; court is available if needed.

Frequently Asked Questions

How many attempts count as "reasonable"?

See 4/2 attempts & 30-day test above. California presumes reasonableness if you meet these thresholds within 18 months/18,000 miles.

Do leases qualify?

Yes—Song-Beverly covers leased vehicles under the same protections.

Will I owe legal fees?

If you win, fee-shift may apply under Song-Beverly §1794(d), meaning the manufacturer pays your attorney fees.

What if I'm over 18 months/18,000?

The presumption is a guideline; you may still have a claim under Song-Beverly or Magnuson-Moss (federal warranty law).

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