What Qualifies as a Lemon in California?

    By Consumer Center for Resources · Updated October 14, 2026

    Quick answer

    Under California's Song-Beverly Consumer Warranty Act, a vehicle is a lemon if it has a defect covered by the manufacturer's warranty that substantially impairs its use, value, or safety, and the manufacturer or its dealers can't fix it after a reasonable number of attempts.

    Key takeaways

    • The problem must be covered by the manufacturer's warranty and show up during the warranty period.
    • It must substantially impair the car's use, value, or safety. Minor annoyances usually don't count.
    • The manufacturer must have had a reasonable number of chances to fix it.
    • New cars, demonstrators, and leased vehicles bought in California are covered. Most used cars sold with leftover factory warranty no longer are.
    • The defect can't be caused by abuse, accidents, or unauthorized modifications.

    The four questions California law asks

    • Is the vehicle covered? New vehicles bought or leased in California, including demonstrators sold with a new-car warranty, are covered. Vehicles used primarily for business can qualify in limited cases.
    • Is the problem a warranty defect? It has to be covered by the manufacturer's express warranty and first reported during the warranty period.
    • Is it substantial? It must substantially impair use, value, or safety. Engine, transmission, brake, steering, electrical, and electronic safety system failures often qualify.
    • Did they have a reasonable chance to fix it? The Tanner Act sets benchmarks: 2+ attempts for a dangerous defect, 4+ attempts for the same defect, or more than 30 days in the shop, within 18 months or 18,000 miles.

    Defects that often qualify

    • Transmission slipping, hard shifting, or failure
    • Engine stalling, misfires, oil consumption, or overheating
    • Brake, steering, or airbag problems
    • Electrical failures, including battery and charging problems on electric vehicles
    • Infotainment or software faults that disable cameras, safety warnings, or other key features
    • Water leaks and persistent noises or vibrations that affect use or value

    What usually doesn't qualify

    • Damage from an accident, abuse, or failure to do required maintenance
    • Problems caused by aftermarket parts or modifications
    • Wear items such as tires and brake pads, unless defective
    • Defects that were fixed on the first or second try and never came back (though other claims may exist)

    What to do next

    1. Confirm the problem first appeared while the manufacturer's warranty was in effect.
    2. Gather every repair order and count the visits and days out of service.
    3. Try the lemon law checker.
    4. Request a free case review if your answers point toward a lemon.
    Take the 2-minute lemon law checker

    Frequently asked questions

    Sources

    This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.

    More on this topic: California lemon law overview

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    This website provides general information, not legal advice. Laws change and every situation is different. Talk to a licensed attorney in your state about your specific facts.

    Consumer Center for Resources is a nonprofit consumer education organization. We are not a law firm and do not give legal advice or represent anyone. When you request a free case review, we may share what you send us with Consumer Action Law Group, an independent private consumer protection law firm in California. Its attorneys may contact you about your matter or refer you to another attorney who handles your type of case. Requesting a review does not create an attorney-client relationship, and you are never obligated to hire anyone.

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