Hovssepian Law · Lemon Law
Does My Car Qualify as a Lemon
in California: A 2025 Guide
By Edric Hovssepian, Attorney at Law · Glendale, California
If your new car has been in the shop multiple times for the same problem, or has spent weeks out of service, you may have a lemon law claim under California's Song-Beverly Consumer Warranty Act. Here's how to know if your vehicle qualifies.
What Is California Lemon Law?
California's Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is one of the strongest consumer protection laws in the country. It requires manufacturers to either replace or repurchase a vehicle when they cannot repair a defect within a reasonable number of attempts. One of its most powerful features: if you win, the manufacturer must pay your attorney's fees under Civil Code § 1794(d), meaning most lemon law cases cost the consumer nothing.
The Two Lemon Law Triggers Under California Law
Under Civil Code § 1793.2, California presumes a vehicle is a lemon if either of the following is true:
Repair Attempts
The same defect has been repaired 4 or more times without being fixed. Safety defects may qualify with as few as 2 attempts.
Days Out of Service
The vehicle has been out of service for 30 or more cumulative days due to warranty repairs, even across multiple visits.
What Vehicles Are Covered?
California lemon law covers new vehicles purchased or leased in California that are still under the manufacturer's original warranty. Used vehicles may also qualify if they are still covered by the original manufacturer's new car warranty at the time of purchase. Electric vehicles (EVs) are fully covered, battery and powertrain defects qualify just like mechanical defects in traditional vehicles.
What Can You Get If You Win?
If your vehicle qualifies, you are entitled to either: (1) a full repurchase, your original purchase price, all monthly payments made, your down payment, taxes, and registration fees, minus a usage offset; or (2) a comparable replacement vehicle. Additionally, under Civil Code § 1794(d), the manufacturer must pay your attorney's fees, meaning you typically pay nothing out of pocket to pursue your claim.
How Long Do You Have to File?
The statute of limitations for a California lemon law claim is generally four years from the date of the breach of warranty. However, the sooner you act, the stronger your case, repair records are easier to obtain, and manufacturers are more likely to settle before litigation.
Think You Have a Lemon? Let Hovssepian Law Check.
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