California's Lemon Law covers defects that happen while the manufacturer's new-vehicle warranty is in effect. Within the first 18 months or 18,000 miles, whichever comes first, the law presumes the manufacturer had a reasonable number of repair attempts if the same problem wasn't fixed after four or more tries, a problem that could cause death or serious injury wasn't fixed after at least two tries, or the vehicle was in the shop more than 30 days total for warranty repairs. Used cars are covered only if they came with the manufacturer's new-car warranty at the sale.

Educational information only. This article is not legal advice. Lemon Law claims have deadlines and procedures; talk to a California attorney.

In this article

Coverage at a glance

QuestionAnswer
How long does protection last?While the manufacturer's warranty is in effect
When does the presumption apply?First 18 months or 18,000 miles, whichever comes first
Presumption triggers4+ repair attempts for the same problem; 2+ for a problem that could cause death or serious injury; or 30+ days in the shop (not necessarily consecutive)
What's coveredCars, pickups, vans, SUVs, the chassis and drivetrain of motor homes, dealer-owned vehicles and demonstrators, personal or business use
ArbitrationMany manufacturers offer state-certified arbitration; you must request it to use the presumption

Source: California Department of Consumer Affairs, Lemon Law Q&A (rev. Sept. 2024).

Used cars

  • Covered: a used vehicle sold with the manufacturer's new-vehicle warranty still in effect.
  • Not covered: used vehicles bought without a new-vehicle warranty. A dealer's own limited warranty or a service contract doesn't make it a Lemon Law car.
  • Lemon buybacks: if a buyback is resold as-is without proper disclosure, the buyer may still have Lemon Law rights (California Attorney General).

The remedy

If the manufacturer can't fix a serious defect in a reasonable number of attempts, it must replace the vehicle or refund the purchase price, at the owner's choice. The claim is against the manufacturer, not the selling dealer.

What it means for independent dealers

  • Disclose lemon buybacks and branded titles in writing. California requires "Lemon Law Buyback" title branding and disclosure.
  • Check the manufacturer warranty status on late-model inventory; remaining factory coverage can be a selling point.
  • Your obligations on used cars come mostly from your own warranty, the Buyers Guide and California's implied warranty rules. See Do used car dealers have to give a warranty in California?

Frequently asked questions

How long do you have to file a lemon law claim in California?

Protection runs while the manufacturer's warranty is in effect, and filing deadlines apply after that. Ask a California attorney about your deadline.

Does the California Lemon Law apply to used cars?

Only if the used car was sold with the manufacturer's new-vehicle warranty still in effect.

What is the 18,000-mile rule?

Within the first 18 months or 18,000 miles, the law presumes the manufacturer had enough repair attempts if the repair-attempt or days-in-shop thresholds are met.

Resources

Sources: DCA Lemon Law Q&A (rev. 9/24) · California Attorney General consumer guide · Song-Beverly Consumer Warranty Act (Civil Code §1790 and following). Verified 2026-10-16.

This article is for educational purposes only and is not legal advice. Lemon Law procedures and deadlines are technical; consult a licensed California attorney.