California's Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, provides strong protections for consumers who purchase or lease defective vehicles. If your vehicle has a substantial defect that the manufacturer cannot repair after a reasonable number of attempts, you may be entitled to a refund or replacement.
The Azizi Firm helps California consumers assert their rights under the Lemon Law. We handle lemon law cases on a contingency basis, and the manufacturer pays our fees.
The California Lemon Law, codified in the Song-Beverly Consumer Warranty Act, protects consumers who purchase or lease new or used vehicles with manufacturer warranties that have substantial defects the manufacturer or its authorized dealer cannot repair after a reasonable number of attempts. If your vehicle qualifies as a lemon, the manufacturer must either replace the vehicle with a substantially identical one or repurchase it, refunding your down payment, monthly payments, taxes, license fees, registration fees, and incidental expenses, minus a deduction for the miles you drove before the first repair attempt. The Lemon Law also requires the manufacturer to pay your attorney fees and costs, which is why consumers can obtain experienced legal representation at no out-of-pocket cost.
California's Lemon Law covers new and used vehicles that were sold with a manufacturer's written warranty, including: passenger cars; pickup trucks; SUVs and vans; motorcycles; the chassis, chassis cab, and drivetrain of motorhomes; and certain dealer-owned vehicles used as demonstrators or loaners. The law also covers vehicles purchased or leased primarily for personal, family, or household use, as well as certain business vehicles if the business has fewer than 5 vehicles registered in its name and the vehicle has a gross vehicle weight under 10,000 pounds. The key requirement is that the vehicle must have been sold with an express manufacturer's warranty, and the defect must be covered by that warranty.
There is no fixed number, but California law establishes presumptions. A vehicle is presumed to be a lemon if, within 18 months of delivery or 18,000 miles (whichever comes first): the manufacturer or dealer has made 4 or more repair attempts for the same substantial defect and the problem persists; or the vehicle has been out of service for repairs for a cumulative total of more than 30 days (not necessarily consecutive). For defects that could cause death or serious bodily injury (such as brake, steering, or airbag problems), the presumption arises after just 2 unsuccessful repair attempts. These are presumptions, not absolute requirements — a vehicle may qualify as a lemon with fewer repair attempts or fewer days out of service depending on the circumstances and the nature of the defect.
A substantial defect is one that substantially impairs the use, value, or safety of the vehicle. This does not mean the vehicle must be undrivable — defects that significantly diminish the vehicle's value, reliability, or safety can qualify. Examples of potentially qualifying defects include: transmission problems causing slipping, jerking, or failure to shift; engine issues including stalling, excessive oil consumption, or check engine lights that recur after repairs; electrical system failures affecting lights, infotainment, or safety systems; brake, steering, or suspension problems; persistent water leaks; air conditioning or heating failures; and paint or body defects that affect the vehicle's value. Minor issues like a loose knob or a single easily-repaired rattling noise typically do not qualify. The key is that the defect must not be trivial.
If your vehicle qualifies under the Lemon Law, you are entitled to choose between a replacement or a repurchase. With a repurchase, the manufacturer must refund: your down payment and all monthly payments made (including interest and finance charges); the payoff amount of your loan; taxes, license fees, and registration fees; and incidental expenses such as towing charges and rental car costs. The manufacturer may deduct a usage fee based on the miles you drove before the first repair attempt for the defect. If you choose a replacement, the manufacturer must provide a substantially identical new vehicle. In either case, the Lemon Law requires the manufacturer to pay your reasonable attorney fees and costs, meaning you can hire an experienced attorney at no direct cost to you.
Yes, used vehicles can qualify under the Lemon Law if they were sold with a manufacturer's express warranty that was still in effect. This includes certified pre-owned vehicles and used vehicles still covered by the original manufacturer's warranty. The same rules about substantial defects and reasonable repair attempts apply. However, if you purchased a used vehicle 'as is' without any manufacturer warranty, the Lemon Law does not apply — though you may have other remedies, such as claims under California's consumer protection laws for fraud, misrepresentation, or violations of the Vehicle Code if the dealer failed to disclose known defects or sold you a vehicle that does not meet basic safety and operational standards.
The timeline for a lemon law case varies. Many cases settle within 2 to 6 months after an attorney sends a demand letter to the manufacturer, as manufacturers often prefer to resolve clear lemon law claims rather than face litigation (where they will have to pay the consumer's attorney fees in addition to the repurchase or replacement). More complex cases involving disputed defects, questions about whether the defect is substantial, or manufacturers that resist settlement can take longer. If litigation becomes necessary, the case may take 12 to 24 months to resolve. Even in litigation, most lemon law cases settle before trial. Throughout the process, your attorney fees are paid by the manufacturer upon settlement or judgment, so there is no financial risk to you.
If you believe your vehicle is a lemon, contact The Azizi Firm for a free consultation. We handle lemon law cases on contingency, and the manufacturer pays our fees. Call (858) 829-3962.
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