California has some of the strongest lemon law protections in the country. The Song-Beverly Consumer Warranty Act gives buyers of new vehicles powerful remedies when a manufacturer cannot fix a substantial defect, including the right to a full refund or a replacement vehicle. But recent legal developments — including a landmark 2024 California Supreme Court ruling and major procedural changes that took effect in 2025 — have reshaped the landscape in important ways. Whether you’re buying new or used, understanding how California’s lemon law works is essential to protecting your rights. A california consumer law attorney experienced in lemon law can help you navigate the process and determine whether your vehicle qualifies. It is important that consumers know their rights before heading to the dealership.
What Is California’s Lemon Law?
California’s lemon law, officially the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.), protects consumers who purchase or lease vehicles that turn out to have serious defects. If the manufacturer cannot repair a substantial defect after a reasonable number of attempts, the law requires the manufacturer to either replace the vehicle or refund the purchase price, at the consumer’s choice.
A vehicle may qualify as a “lemon” if it has a defect that substantially impairs its use, value, or safety. This means the problem is more than a minor inconvenience, it must affect the vehicle’s basic functions or compromise the safety of the driver and passengers.
California law generally considers the following to be a reasonable number of repair attempts before the refund-or-replace remedy is triggered:
- Two attempts for defects that could cause serious bodily injury or death
- Four attempts for less severe defects
- Thirty or more cumulative days out of service for warranty repairs
These thresholds are guidelines, not rigid rules. Fewer attempts may suffice depending on the severity and nature of the defect.
Which Vehicles Qualify?
The Song-Beverly Act’s strongest protections — the refund-or-replace remedy — apply to vehicles that meet the legal definition of a “new motor vehicle.” This includes:
- New vehicles purchased or leased for personal, family, or household purposes (or for business use by companies with no more than five vehicles registered in California)
- Dealer-owned vehicles and demonstrators sold with a new manufacturer’s warranty
- Certified pre-owned (CPO) vehicles where the manufacturer issues a new warranty at the time of sale
What the Rodriguez Decision Changed
In October 2024, the California Supreme Court issued its decision in Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189, settling a question that had divided California courts for years. The Court held that a used vehicle sold with remaining coverage from the original manufacturer’s warranty does not qualify as a “new motor vehicle” under the Song-Beverly Act. Only vehicles that receive a new manufacturer’s warranty issued at the time of sale qualify for the refund-or-replace remedy.
This ruling significantly narrowed the scope of lemon law protection for used car buyers. Previously, many consumers and attorneys had argued that a used car still under the factory warranty qualified for the Act’s enhanced remedies. The Supreme Court unanimously rejected that interpretation.
After Rodriguez, the key distinction is whether a new warranty was issued with the sale, not whether the original warranty had time remaining. For example, a manufacturer-certified pre-owned vehicle sold with a new CPO warranty from the manufacturer still qualifies. A standard used car with two years left on the factory bumper-to-bumper warranty does not.
Safety vs. Non-Safety Defects
Both safety and non-safety defects can support a lemon law claim for qualifying vehicles, but the type of defect affects how quickly the manufacturer must act.
Safety defects pose a risk of serious injury or death. These include problems with braking systems, steering mechanisms, seatbelts and airbags, fuel systems, and sudden unintended acceleration. California law requires fewer repair attempts before the refund-or-replace remedy kicks in for safety-related defects.
Non-safety defects do not pose an immediate safety risk but can substantially impair a vehicle’s value or usability. Examples include persistent electrical system failures, defective paint or bodywork, chronic air conditioning or heating problems, and malfunctioning power windows or doors.
What the Manufacturer Must Do
For vehicles that qualify under the lemon law, the manufacturer must attempt to repair the defect at no cost to the consumer. If the defect cannot be fixed after a reasonable number of attempts, the manufacturer must either:
- Replace the vehicle with a comparable new model, or
- Refund the full purchase price, including taxes, registration fees, and finance charges, minus a reasonable usage fee
The usage fee is calculated based on the vehicle’s mileage at the time the defect was first reported. The choice between replacement and refund belongs to the consumer. Additionally, the manufacturer may be required to reimburse the consumer for incidental costs such as towing, rental cars, and repair expenses.
AB 1755 and SB 26: Major Procedural Changes in 2025
Assembly Bill 1755, signed by Governor Newsom in September 2024 and amended by Senate Bill 26 in April 2025, introduced the most significant procedural changes to California’s lemon law in years. These changes are designed to streamline litigation and reduce court backlogs, but they also impose new requirements on consumers.
Pre-suit notice requirement. Beginning July 1, 2025, consumers must send a written demand to the manufacturer at least 30 days before filing a lemon law lawsuit if they want to preserve their right to seek civil penalties. The notice must include the consumer’s name, vehicle identification number, a summary of the defects, and a demand for repurchase or replacement.
Mandatory mediation. If a lawsuit is filed, both parties must participate in mediation within 90 to 150 days of the manufacturer filing its answer. Discovery is paused until mediation is completed.
Shorter statute of limitations. Consumers must file their lemon law claim within one year after the vehicle’s express warranty expires, and in no event more than six years from the vehicle’s original delivery to its first owner, whichever comes first.
Manufacturer opt-in. Under SB 26, the AB 1755 procedures only apply to manufacturers who voluntarily opt in for a five-year period. Manufacturers that do not opt in remain subject to the prior lemon law rules. The California Department of Consumer Affairs publishes a list of opted-in manufacturers on its website.
Standardized settlement agreements. Manufacturers can no longer require confidentiality clauses in lemon law settlements.
These procedural changes make it more important than ever for consumers to act quickly, document everything, and consult with an experienced attorney early in the process.
Warranties That Protect Used Car Buyers
Even if a used vehicle does not qualify for the lemon law’s refund-or-replace remedy after Rodriguez, California law still provides important warranty protections.
Implied warranty of merchantability. Unless a used vehicle is sold “as is” with proper written disclosure, the dealer provides an implied warranty that the vehicle is safe to operate and substantially free of defects. Under the Song-Beverly Act, the implied warranty runs coextensive with any express warranty accompanying the sale, with a minimum duration of 60 days. For “buy here, pay here” dealers, California law requires a minimum warranty of 30 days or 1,000 miles, whichever comes first.
Dealer warranties. Many dealers offer their own express warranties covering specific parts or systems for a stated period. The terms vary by dealer, so buyers should carefully review the warranty documentation and the Buyers Guide before completing the purchase.
Manufacturer’s warranty (transferred). A used vehicle may still have time remaining on the original manufacturer’s warranty, and that warranty generally transfers to subsequent owners. While this alone no longer qualifies the vehicle for the lemon law’s refund-or-replace remedy, the manufacturer is still obligated to honor the warranty’s terms. Breach of that warranty may support claims under other legal theories.
Other Laws That Protect California Car Buyers
California consumers have additional protections beyond the Song-Beverly Act:
The California Uniform Commercial Code provides warranty protections and remedies for breach of contract in vehicle sales, including used vehicles that may not qualify under the lemon law.
The Consumer Legal Remedies Act (Cal. Civ. Code § 1750) prohibits deceptive practices in consumer transactions and allows recovery of actual damages, punitive damages, and attorney’s fees.
The federal Magnuson-Moss Warranty Act protects consumers who purchase vehicles with written warranties and can provide a federal cause of action even where state lemon law remedies are unavailable, such as for used vehicles after the Rodriguez decision.
The FTC Used Car Rule requires dealers to provide a Buyers Guide disclosing whether the vehicle is sold “as is” or with a warranty, the warranty terms, and a recommendation to have the vehicle inspected independently before purchase.
California’s two-day cancellation option allows dealers to offer buyers a contract cancellation option for used vehicles under certain conditions. This is not an automatic right — it is an optional, fee-based add-on that the dealer may offer at the time of sale. Buyers should not assume they can return a vehicle without having purchased this option in advance.
What to Do If You Think You Have a Lemon
If you are experiencing recurring problems with your vehicle, take the following steps to protect your rights:
Report the defect promptly. Bring your vehicle to an authorized repair facility as soon as you notice a problem. Make sure the repair order accurately describes the issue.
Keep detailed records. Retain copies of all repair orders, invoices, receipts, and correspondence with the manufacturer or dealer. Document dates, mileage at each visit, and how long the vehicle was out of service.
Send written notice to the manufacturer. Under the new AB 1755 procedures, a pre-suit written demand is required to preserve your right to civil penalties. Even if the manufacturer has not opted in to AB 1755, putting your demand in writing creates a clear record.
Consult an attorney. California lemon law cases involve complex legal standards, strict deadlines, and procedural requirements that have become even more demanding after the 2025 legislative changes. An experienced lemon law attorney can evaluate whether your vehicle qualifies, advise you on the applicable procedures, and help you pursue the full compensation you are entitled to under the law.
