Is your car a lemon under California law?

Last reviewed September 10, 2026. This page is updated whenever the underlying statute or DCA guidance changes.

What California’s lemon law actually covers

California’s lemon law is not one statute — it’s a set of consumer protections built mainly around the Song-Beverly Consumer Warranty Act (California Civil Code §§1790–1795.8), with a separate presumption test at Civil Code §1793.22 (sometimes called the Tanner Consumer Protection Act).

In plain terms: if a manufacturer can’t fix a covered defect after a reasonable number of attempts, the law requires the manufacturer to either replace the vehicle or buy it back — refunding what you paid, minus a mileage deduction for the use you got before the problem started.

This guide covers the current rules as of late 2026, including the procedural changes from AB 1755 and SB 26, which took effect in phases between January 2025 and July 2025 and materially changed how a claim proceeds for vehicles from manufacturers that opt in to the new process.

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Do you have a “lemon”? The presumption test

You don’t have to prove your car is defective from scratch. Civil Code §1793.22(b) gives you a legal presumption — a shortcut — if, within 18 months of delivery or 18,000 miles on the odometer, whichever comes first, one of the following happened:

• The manufacturer or its dealer made two or more repair attempts for the same defect likely to cause death or serious bodily injury, and you directly notified the manufacturer (not just the dealer) of the need for that repair at least once; or
• The manufacturer or its dealer made four or more repair attempts for the same non-safety defect that substantially impairs the vehicle’s use, value, or safety, and you directly notified the manufacturer at least once; or
• The vehicle has been out of service for repair for a cumulative total of more than 30 calendar days (not necessarily consecutive) since delivery, for one or more warranty problems — this condition does not require separate manufacturer notification.

See requirements in detail for exactly how to notify the manufacturer and a caveat about mandatory arbitration.

Meeting one of these does not automatically win your case — it shifts the presumption in your favor. You can still bring a claim outside this window, but you carry more of the burden of proving the number of repair attempts was “reasonable” under the circumstances.

This applies to: new vehicles, and — with an important 2024 limitation from the California Supreme Court — some used vehicles (see used cars and lemon law for the current rule). It generally does not apply to vehicles purchased or leased outside California; the vehicle must have been bought or leased at retail in California, with a narrow exception for active-duty military members stationed here. This in-state purchase requirement predates the 2025 changes and is not new.

What changed in 2025: AB 1755 and SB 26

Two bills reshaped the procedural side of California lemon law claims:

AB 1755 (Kalra), signed September 29, 2024, created a new claims track — codified at Code of Civil Procedure §§871.20–871.30 — that manufacturers can choose to follow instead of the pre-existing court process.

SB 26 (Umberg), signed April 2, 2025, made that new track opt-in rather than mandatory, and added the procedural mechanics: a required 30-day written pre-litigation notice to the manufacturer (effective July 1, 2025), a mediation step, and shorter filing deadlines for those who opt in.

There are now three tracks a manufacturer’s vehicles can fall under:

1. Opted-in to AB 1755/SB 26 procedures (CCP §§871.20–871.30) — pre-litigation notice and mediation required; if the manufacturer doesn’t cure or resolve the claim, it must pay the payoff amount, attorney’s fees, and civil penalties within one business day of the vehicle’s return once a claim is resolved in the consumer’s favor.
2. Existing Song-Beverly track — the traditional route, still used by manufacturers that haven’t opted in.
3. DCA-certified arbitration — a free, informal option some manufacturers participate in (see manufacturers and arbitration programs).

The opt-in is irrevocable for five calendar years once a manufacturer elects it, and the Department of Consumer Affairs is required to publish the list of opted-in manufacturers by December 15 each year. We check and update our manufacturers page against that list annually — as of this review, we recommend confirming your specific manufacturer’s status there, since the framework is still new and the published list has been sparse in its first cycle.

What you can recover

If your claim succeeds, Song-Beverly generally entitles you to:

• Restitution — what you paid for the vehicle (price, taxes, registration, and certain finance charges), minus a mileage offset for use before the defect first appeared; or
• Replacement with a comparable new vehicle.

The mileage offset is calculated using the statutory formula in Civil Code §1793.2(d)(2)(C):

Offset = Purchase price × (mileage at the time of the first repair attempt ÷ 120,000)

Use our buyback calculator to run this with your own numbers.

Separately, Civil Code §1794(c) allows a court to award a civil penalty of up to two times actual damages if the manufacturer’s failure to comply was willful. This is not automatic — it’s a court determination based on the manufacturer’s conduct, not a guaranteed multiplier.

Attorney’s fees in a successful Song-Beverly case are generally paid by the manufacturer under §1794(d), not out of your recovery. That’s a large part of why lemon law attorneys in California typically don’t charge consumers directly — see find an attorney by region.

Timelines: how long do you have to file?

This is one of the areas AB 1755/SB 26 changed. See our dedicated page on statute of limitations and deadlines for the current breakdown by track, but at a high level:

• Under the new opted-in procedure, claims generally must be brought within a shorter window tied to the warranty period, with the 30-day pre-litigation notice required first.
• Under the existing Song-Beverly track, the general civil statute of limitations for breach of warranty claims has historically been up to four years from discovery.

Because this varies by manufacturer and by when the vehicle was purchased, don’t assume — check the manufacturers page for your brand’s track, or use the case evaluation form to have it reviewed.

Quick reference

Frequently asked questions

Does California’s lemon law cover used cars? Sometimes — but a 2024 California Supreme Court decision, Rodriguez v. FCA US, LLC, significantly narrowed this. Inheriting the remainder of the original owner’s factory warranty is no longer enough on its own. See used cars and lemon law for the current rule.

What counts as a “lemon” in California? There’s no fixed checklist — it’s a vehicle the manufacturer can’t repair to conform to its warranty after a reasonable number of attempts. The law provides a presumption shortcut (repair-attempt counts or cumulative days out of service) rather than a strict definition. See requirements.

Do I need a lawyer to file a lemon law claim? Not to submit a claim, but most people use one because California law generally requires the manufacturer — not you — to pay reasonable attorney’s fees if you win (Civil Code §1794(d)). See find an attorney.

How much can I get back? Generally the price you paid (plus tax, registration, and finance charges), minus a mileage-based deduction for use before the defect appeared. Use the buyback calculator to estimate your own numbers.

Sources

Civil Code §§1790–1795.8 (Song-Beverly Consumer Warranty Act); Civil Code §1793.22; Code of Civil Procedure §§871.20–871.30 — leginfo.legislature.ca.gov. AB 1755 (2024) and SB 26 (2025) legislative history — California State Legislature. Manufacturer opt-in status and arbitration program lists — California Department of Consumer Affairs, Arbitration Certification Program (dca.ca.gov/acp).

This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Laws change — verify current statutory text at leginfo.legislature.ca.gov before relying on any deadline. See our terms and privacy policy.