What Qualifies as a Lemon Under California Law?

People often ask whether their car is "a lemon" — but the term has a specific legal meaning in California. Under the Song-Beverly Consumer Warranty Act, a vehicle qualifies when a substantial, warranty-covered defect can't be repaired after a reasonable number of attempts. Here's what that actually requires.

1. A substantial defect covered by the warranty

The problem has to substantially impair the vehicle's use, value, or safety, and it must be covered by the manufacturer's warranty. Major issues — engine, transmission, brakes, electrical, persistent warning lights, safety systems — typically qualify. Minor cosmetic issues usually don't, unless they add up or affect value or safety.

2. A reasonable number of repair attempts

There's no single magic number, but California law presumes a vehicle is a lemon if, within the first 18 months or 18,000 miles, any of the following happen: the same defect persists after four or more repair attempts; a serious safety defect persists after two or more attempts; or the vehicle is out of service for repairs for 30 or more cumulative days.

Importantly, that 18-month/18,000-mile window is a presumption, not a hard cutoff. Many successful claims fall outside it — you can still have a strong case if the manufacturer simply can't fix a warranty defect after reasonable attempts, even later in ownership.

3. The manufacturer got a fair chance to fix it

You generally need to have brought the vehicle in for repair (to the dealer or authorized service center) for the same issue. Keep every repair order — those documents, showing the dates and the problem reported each visit, are the backbone of a lemon law claim.

What vehicles are covered

The Lemon Law covers new, leased, and certified pre-owned vehicles sold with a manufacturer's warranty, including cars, trucks, SUVs, and many EVs. (For used vehicles, coverage changed after the 2024 Rodriguez decision — see our guide on used and CPO cars.) If your vehicle qualifies, you may be entitled to a buyback, replacement, or cash settlement, with the manufacturer paying your attorney fees.

Not sure whether your situation meets the standard? A free case review is the fastest way to find out — bring your repair orders and we'll tell you where you stand.