Lemon Law
Common Questions

What Qualifies as a Reasonable Number of Repair Attempts?

  • The number of repair attempts depends on the severity of the defect. For serious safety issues like brake or steering failure, even one failed repair may be enough. For less dangerous problems, the manufacturer is usually given more chances. In most cases, two to four unsuccessful repair attempts, or the vehicle being in the shop for more than 30 days, can qualify it as a lemon under California Lemon Law.

How do I know if my vehicle qualifies under California Lemon Law?

  • Your vehicle may qualify if it has a defect covered under the manufacturer’s warranty that affects its safety, use, or value. The key is whether the defect continues after the manufacturer or dealer has had a reasonable number of chances to fix it. Both new and certain used cars may qualify, as long as they are still under warranty.

If my car qualifies under the Lemon Law, what am I entitled to?

  • If your vehicle is determined to be a lemon, California Lemon Law gives you the right to a refund (buyback) or a replacement vehicle. You may also be reimbursed for expenses like towing, rental cars, and repair costs. In many cases, manufacturers are also required to pay your attorney’s fees.

Can I go to any repair shop for Lemon Law purposes?

  • No. To qualify under California Lemon Law, repairs generally need to be performed at an authorized dealership or repair facility approved by the manufacturer. Going to an independent or non-authorized shop may not count toward your Lemon Law claim.

What is a Lemon Law buyback vehicle?

  • A Lemon Law buyback happens when a manufacturer repurchases a defective vehicle from the owner under California Lemon Law. The buyer typically receives a refund for the purchase price, down payment, monthly payments, taxes, and fees, minus a small amount for the mileage driven before the first repair attempt.

What is the Lemon Law presumption in California?

  • The Lemon Law presumption is a guideline that helps determine if your vehicle qualifies as a lemon. It applies during the first 18 months or 18,000 miles (whichever comes first). Your car may be presumed a lemon if:

    • It has been in the shop for more than 30 days,
    • The same defect was not fixed after 4 repair attempts, or
    • A serious safety defect was not fixed after 2 attempts.