Song-Beverly Consumer Warranty Act
California's Lemon Law Explained
California's Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is one of the most consumer-friendly lemon laws in the United States. It protects buyers and lessees of new motor vehicles, and qualifying used vehicles still under the manufacturer's original warranty. A claim applies when a defect substantially impairs the vehicle's use, value, or safety.
Under Civil Code § 1793.2, a reasonable number of repair attempts is legally presumed when the same defect has been repaired four or more times, or when the vehicle has been out of service for 30 or more cumulative days due to warranty repairs.
Under Civil Code § 1794(d), if you prevail, the manufacturer is required to pay your attorney's fees, meaning most California consumers pursue lemon law claims at no out-of-pocket cost.
Lemon Law Quick Reference
- 📋 Law: Song-Beverly Act §§ 1790–1795.8
- 🔧 Repair threshold: 4+ attempts or 30+ days
- 🚗 Covers: New + qualifying used vehicles
- 💵 Remedy: Full refund OR replacement
- ⚖️ Attorney fees: Paid by manufacturer
- ⏱️ Statute of limitations: 4 years
Do You Have a Lemon?
Signs Your Vehicle May Qualify
Your vehicle may qualify under California's Lemon Law if any of the following apply.
Repeated Repair Attempts
The same defect has been brought in for repair 4 or more times at an authorized dealer without being fixed. Fewer attempts may qualify if the defect poses a safety risk.
Extended Out-of-Service Time
Your vehicle has been at the dealership for warranty repairs for a cumulative total of 30 or more days, even spread across multiple visits.
Safety-Related Defects
A defect affecting brakes, steering, airbags, or other safety-critical systems may qualify with as few as 2 repair attempts if it could cause death or serious injury.
Still Under Warranty
The defect must have appeared while the vehicle was covered by the original manufacturer's new car warranty. For used vehicles, the manufacturer's warranty must still be in effect.
Common Lemon Law Defects
Defects That Trigger a Lemon Law Claim
The most common vehicle defects that lead to successful lemon law claims in California under Civil Code § 1793.2.
- →Transmission Failure, Slipping, jerking, or failure to shift gears
- →Engine Defects, Stalling, misfiring, or sudden loss of power
- →Brake Defects, Grinding, pulling, soft pedal, or sudden failure
- →Steering Issues, Pulling, vibrating, or loss of steering control
- →Airbag Malfunctions, Failure to deploy or unexpected deployment
- →Electrical Problems, Faulty wiring, dead batteries, or system failures
- →Fuel System Problems, Leaks, stalling, or poor fuel delivery
- →Suspension Defects, Vibration, clunking, or instability
- →AC / Heating Failure, Persistent climate control system failures
- →Software / ECU Issues, Repeated software glitches or module failures
- →EV Battery Defects, Significant range loss or failure to charge
- →Drivetrain Problems, AWD/4WD failures or axle defects
- →Coolant / Overheating, Engine overheating or head gasket failures
- →Paint / Body Defects, Manufacturer paint peeling or rust under warranty
- →Water Intrusion, Persistent leaks into the cabin or trunk
- →Turbo / Supercharger, Forced induction failures causing power loss
How It Works
The Lemon Law Process with Hovssepian Law
From free evaluation to resolution, here's what to expect when you work with us.
Free Case Evaluation
We review your repair records and warranty documents to determine whether your vehicle qualifies under the Song-Beverly Act, at no cost to you.
Demand Letter to Manufacturer
We send a formal demand letter outlining your claim and demanding a refund or replacement. Many cases resolve at this stage without going to court.
Negotiation
We negotiate directly with the manufacturer's legal team to secure maximum recovery, full purchase price, all payments, taxes, fees, and incidental damages.
Litigation If Necessary
If the manufacturer refuses a fair settlement, Hovssepian Law is fully prepared to file suit in California civil court and pursue your claim through litigation.
Resolution, Refund or Replacement
You receive either a full refund or a comparable replacement vehicle. The manufacturer pays attorney's fees, so your recovery comes without legal costs deducted.
Common Questions
Lemon Law FAQs
Think You Have a Lemon? Let Us Check.
Free evaluation. Manufacturers pay attorney fees if you win, you may owe nothing.