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
- Confirm the problem first appeared while the manufacturer's warranty was in effect.
- Gather every repair order and count the visits and days out of service.
- Try the lemon law checker.
- Request a free case review if your answers point toward a lemon.
Frequently asked questions
Sources
- California Civil Code § 1793.2 (Song-Beverly Consumer Warranty Act)
- California Civil Code § 1793.22 (Tanner Consumer Protection Act)
- California Department of Consumer Affairs: Arbitration Certification Program (lemon law)
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