Is my car a lemon under California law, and what does the manufacturer owe me?

What makes a car a lemon in California: the Tanner Act tests

The rule is a reasonable number of repair attempts; the Tanner Act presumes when that number is reached. The presumption applies if, within 18 months from delivery or 18,000 miles on the odometer, whichever occurs first, one of these happens. Civ. Code § 1793.22(b)

• 2 repairs of a dangerous defect. The same nonconformity results in a condition likely to cause death or serious bodily injury if the car is driven, it has been subject to repair two or more times, and you have at least once notified the manufacturer directly of the need for the repair.Civ. Code § 1793.22(b)(1)
• 4 repairs of the same defect. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents, and you have at least once notified the manufacturer directly of the need for the repair.Civ. Code § 1793.22(b)(2)
• More than 30 days in the shop. The car has been out of service for repair of nonconformities for a cumulative total of more than 30 calendar days since delivery. The days do not need to be for the same defect or in a row. The 30-day limit is extended only if repairs can't be done because of conditions beyond the manufacturer's control.Civ. Code § 1793.22(b)(3)

Direct notice is needed only for the 2-repair and 4-repair tests, and only if the manufacturer told you. You must notify the manufacturer directly only if it disclosed this requirement clearly and conspicuously in the warranty or the owner's manual, and the notice goes to the address it gave there. The days test needs no direct notice. Civ. Code § 1793.22(b)

A nonconformity is a defect that substantially impairs the use, value or safety of the car to you. The presumption is rebuttable: it shifts the burden of proof, and the manufacturer can still argue that the car was fixed in a reasonable number of tries or that the defect doesn't substantially impair it. You can rely on it in any civil action, including small claims court. Civ. Code § 1793.22(b), (e)(1)

Which vehicles California's lemon law covers

The presumption and the buyback duty apply to a new motor vehicle as Civil Code § 1793.22(e)(2) defines it:

• Personal use. A new car bought or used primarily for personal, family or household purposes.
• Small business vehicles. A new vehicle with a gross vehicle weight under 10,000 pounds, bought or used primarily for business, by a person or business entity with not more than five motor vehicles registered in California.
• Motor homes, in part. The chassis, the chassis cab and the part of a motor home devoted to its propulsion. The living quarters are not covered by this definition.
• Dealer-owned cars and demonstrators. A dealer-owned vehicle, a demonstrator, or any other motor vehicle sold with a manufacturer's new car warranty.
• Not covered: motorcycles, and vehicles not registered under the Vehicle Code because they are used only off the highways.

• Leased cars. A lessee has the same rights against the manufacturer as if the car had been bought, and the buyer of a new motor vehicle includes a lessee.Civ. Code §§ 1795.4(b), 1793.2(d)(2)(D)
• Military members. The law covers a member of the Armed Forces who bought a car with a manufacturer's express warranty anywhere in the United States, from a manufacturer that sells cars in California, if the member was stationed in or a resident of California when buying the car or when filing the action.Civ. Code § 1795.8
• Travel trailers. For manufacturers that opted in to the 2025 procedure, its chapter also covers travel trailers. For a travel trailer or the living quarters of a motor home, the general consumer-goods rule lets you choose reimbursement instead of a replacement.Code Civ. Proc. § 871.22 · Civ. Code § 1793.2(d)(1)

Used cars in California after Rodriguez v. FCA US (2024)

A used car bought with time left on the original warranty is not a new motor vehicle for the lemon law. On October 31, 2024, the California Supreme Court held, unanimously, that a car purchased with an unexpired manufacturer's new car warranty doesn't qualify as a motor vehicle sold with a manufacturer's new car warranty unless the new car warranty was issued with the sale. Rodriguez v. FCA US, LLC (Cal. 2024) S274625

In that case, a truck bought from a used-car dealer about two years old, with its powertrain warranty still running, was not covered. The court disapproved the earlier Jensen v. BMW decision to the extent it said otherwise. The Department of Consumer Affairs puts the same test this way: used vehicles are covered if the manufacturer's new car warranty is issued with the sale.

• Still covered. A dealer-owned car or demonstrator sold with a new car warranty issued with the sale.Civ. Code § 1793.22(e)(2) · Rodriguez (2024)
• The seller's own warranty. A used-car dealer that gives an express warranty takes on the manufacturer's duties for that warranty, and the implied warranty then lasts as long as the express one, but never less than 30 days or more than three months after the sale.Civ. Code § 1795.5
• Other claims remain. The court noted that the owner can still sue the manufacturer for breach of a transferable express warranty under the California Uniform Commercial Code, and the federal Magnuson-Moss Warranty Act can apply. See federal law.Rodriguez (2024)

California lemon law without court: free certified arbitration

Many manufacturers run a state-certified arbitration program, and it is free. The Department of Consumer Affairs' Arbitration Certification Program (ACP) certifies them. You contact the program for your brand directly; no attorney is needed, and you can present your case in person, by phone, virtually or in writing. DCA ACP

• Timing. In most cases the arbitrator decides within 40 days after the program gets your claim.DCA ACP FAQ
• Your choice. You accept or reject the decision. If you accept, it binds the manufacturer, which must carry it out within 30 days of your acceptance. If you reject it, you can go to court.Civ. Code § 1793.22(d)(2), (d)(3) · DCA ACP
• An independent inspection, free. At the arbitrator's request, the program arranges an inspection by an automobile expert independent of the manufacturer, at no cost to you.Civ. Code § 1793.22(d)(6)
• What it can award. A refund or a replacement, with reasonable repair, towing and rental car costs. A program doesn't have to award the civil penalty or attorney's fees, and if you hire an attorney, the fees may not be covered unless the manufacturer allows it.Civ. Code § 1793.22(d)(7) · DCA ACP FAQ
• Your court deadline waits. Any time limit to sue is extended by the days between filing with the program and its decision, or the date the manufacturer must comply if you accept, whichever is later. The decision can be used as evidence in court.Civ. Code § 1793.22(c)

Which program handles your brand, and whether the manufacturer opted in to the 2025 procedure (below), as listed by the Department of Consumer Affairs on November 1, 2026:

BBB Auto Line also certifies programs for Aston Martin, Bentley, Ferrari, Lamborghini and Lotus. The opt-in list had 59 entries on November 1, 2026, many of them motor home and trailer makers. Both lists change: check the certified programs and the opt-in list for your car.

Writing to the manufacturer: the three California notices

California uses three different letters, for three different purposes. Dealer visits are not always enough, and each letter goes to the manufacturer itself:

Keep a copy of every letter and the proof of sending. After each repair, the dealer must give you a copy of the warranty work order or repair invoice; the repair facility must also note the date you got the car back. Civ. Code §§ 1793.1(a)(2), 1795.6(d)

What a California lemon law buyback pays

The manufacturer must promptly replace the car or make restitution, and you are free to choose restitution. It can't make you accept a replacement. Civ. Code § 1793.2(d)(2)

• Restitution. The actual price paid or payable, including charges for transportation and manufacturer-installed options but not items a dealer or you installed, plus collateral charges such as sales or use tax, license fees, registration fees and other official fees, plus incidental damages, including reasonable repair, towing and rental car costs you actually paid.Civ. Code § 1793.2(d)(2)(B)
• Replacement. A new motor vehicle substantially identical to yours, with the usual new-car warranties. The manufacturer also pays the sales or use tax, license and registration fees, and your incidental damages.Civ. Code § 1793.2(d)(2)(A)
• The deduction for your use. The price, including transportation and manufacturer-installed options, times the miles driven before you first took the car in for the problem, divided by 120,000. For restitution the manufacturer may deduct it; for a replacement it is what you pay.Civ. Code § 1793.2(d)(2)(C)

Example. A car with a price of $48,000 that had 3,000 miles when you first brought it in for the defect: $48,000 × 3,000 ÷ 120,000 = $1,200 deducted. Miles you drive after that first repair visit don't add to the deduction.

The Department of Consumer Affairs describes a repurchase the same way: all monies agreed to on the sales contract, except for any dealer add-ons, minus a mileage offset. For a manufacturer that opted in to the 2025 procedure, service contracts, extended warranties, GAP financing and add-ons bought from a third party are not refunded, negative equity from a trade-in is offset, and manufacturer rebates are left out of the price paid. Code Civ. Proc. § 871.27(b)-(d)

The 30-day repair rule, and when the warranty is extended

Warranty repairs must be finished within 30 days. Unless you agree in writing to more time, the car must be serviced or repaired to conform to the warranty within 30 days; delay caused by conditions beyond the manufacturer's control extends that. Civ. Code § 1793.2(b)

• The warranty pauses while the car is in the shop. For goods selling for $50 or more, the warranty period is tolled from the day you deliver the car for warranty repair until it is returned to you or you are told it is ready.Civ. Code § 1795.6(a)
• It doesn't expire on a failed repair you report. The warranty is not deemed expired if a repair didn't remedy the nonconformity and you notified the manufacturer or seller within 60 days after the repair was completed, or if repairs were delayed by circumstances beyond your control.Civ. Code § 1795.6(b)
• The paperwork that proves it. The repair facility must give you a work order or receipt with the date of return and the date you were told the car was ready.Civ. Code § 1795.6(d)

California lemon law statute of limitations: how long you have

It depends on whether your manufacturer opted in to the 2025 procedure.

• Manufacturer that opted in: 1 year after the warranty, 6 years at most. The lawsuit must be filed within 1 year after the applicable express warranty expires, and never later than 6 years after the car was first delivered. Both periods are extended for time in a certified arbitration program, for the time the car is out of service for repair, and for the time after a pre-suit notice, up to 60 days.Code Civ. Proc. § 871.21
• Other manufacturers: generally 4 years. Courts apply the Commercial Code: 4 years after the claim accrues, generally at delivery. For a warranty that explicitly covers future performance, the claim accrues when the breach is or should have been discovered.Cal. Com. Code § 2725 · Covarrubias v. Ford (N.D. Cal. 2019)
• Arbitration time is added. Days in a certified arbitration program are added to any court deadline.Civ. Code § 1793.22(c)

The 2025 procedure, for manufacturers that opted in

A manufacturer chooses it, and the choice is made for whole model years. Under Code of Civil Procedure §§ 871.20 to 871.30, in force since 2025, a manufacturer may elect the procedure for all its vehicles sold during five consecutive calendar years by telling the Arbitration Certification Program by October 31 of the year before. It can't revoke the election during those five years. The program publishes the list by December 15 each year, and when a car is sold new the manufacturer must tell the buyer which procedure governs it. Code Civ. Proc. § 871.29

• Before suing. For a civil penalty you send the pre-suit notice at least 30 days before suing and keep the car at least 30 days after the manufacturer receives it. An offer within 30 days, completed within 60 days, keeps the penalty off the table. Minor mistakes in the notice don't disqualify you. If you sell the car after no offer, tell the buyer in writing first why you asked for a buyback and about any lawsuit.Code Civ. Proc. § 871.24(a)-(i)
• The release. A buyback can't depend on any release other than the standardized release printed in the statute.Code Civ. Proc. § 871.25
• Once a lawsuit is filed. Initial disclosures within 60 days after the answer; depositions of up to two hours within 120 days; a mediation scheduled within 90 days to take place within 150 days after the answer. Other discovery waits. Missing the disclosure deadline costs an attorney $1,500 on the buyer's side or $2,500 on the manufacturer's side, unless there is good cause. These rules don't apply to a party without a lawyer.Code Civ. Proc. § 871.26(b)-(k)
• Paying out. The manufacturer completes the buyback within 30 days after it receives the signed release, or pays $50 a day until it does. It pays the loan payoff, and the attorney's fees and any civil penalty, within one business day of the car's return.Code Civ. Proc. § 871.27(g)

The lemon law guide has a shorter overview of the 2025 rules.

The civil penalty and attorney's fees

• Up to two times the damages for a willful violation. If the manufacturer's failure to comply was willful, the court may add a civil penalty of up to two times your actual damages. It is not available in a class action or for a claim based only on an implied warranty.Civ. Code § 1794(c)
• Up to two times without proving willfulness. If you prove a buyback violation, you recover damages and reasonable attorney's fees and costs, and may recover a penalty of up to two times the damages. This penalty needs your written notice first, and it doesn't apply if the manufacturer complies within 30 days of that notice or maintains a qualified dispute resolution process. You can't collect both penalties for the same violation.Civ. Code § 1794(e)(1)-(5)
• Attorney's fees. A buyer who wins recovers costs and expenses, including attorney's fees based on actual time expended.Civ. Code § 1794(d)

That fee rule is why many California lemon law attorneys take cases without an upfront fee. In certified arbitration you don't need a lawyer at all. If you want one, the legal help page lists the State Bar's referral services.

Lemon law buyback titles: buying a car that was returned

A car bought back under the lemon law carries the history with it. Before it is resold in California, the manufacturer must retitle it in its own name, ask the DMV to inscribe the ownership certificate with the notation Lemon Law Buyback, and fix a decal to the car. The defect must be disclosed and corrected, and the manufacturer must warrant to the next buyer, in writing, for one year, that the car is free of that defect. Civ. Code §§ 1793.22(f)(1), 1793.23(c)

• The next buyer signs a disclosure that the car was repurchased by its manufacturer due to a defect, and a Warranty Buyback Notice listing each defect the original owner reported and the repairs made. Civ. Code §§ 1793.23(f), 1793.24
• On a California title, the brand is in a red box titled Vehicle History, near the upper right-hand corner. California DMV
• A manufacturer or dealer can't make you agree to keep the car's problems secret as a condition of the buyback; such a clause is void. Confidentiality about the money can still be agreed. Civ. Code § 1793.26

Free help in California

Common questions about California lemon law

Official sources

1. California Civil Code § 1793.22: Tanner Consumer Protection Act (the presumption, certified programs, definitions) leginfo.legislature.ca.gov
2. California Civil Code § 1793.2: 30-day repairs, replacement or restitution, the use offset leginfo.legislature.ca.gov
3. California Civil Code § 1794: damages, civil penalties and attorney's fees leginfo.legislature.ca.gov
4. California Civil Code § 1795.4: leased goods leginfo.legislature.ca.gov
5. California Civil Code § 1795.6: tolling of the warranty period leginfo.legislature.ca.gov
6. California Civil Code § 1795.8: members of the Armed Forces leginfo.legislature.ca.gov
7. California Civil Code, Song-Beverly Act article 3 (§§ 1793.1, 1793.23-1793.26, 1795.5) leginfo.legislature.ca.gov
8. California Code of Civil Procedure, chapter 12 (§§ 871.20-871.30): actions for restitution or replacement, the 2025 procedure leginfo.legislature.ca.gov
9. Supreme Court of California, Rodriguez v. FCA US, LLC (S274625, October 31, 2024): used cars (PDF) courts.ca.gov
10. U.S. District Court, N.D. Cal., Covarrubias v. Ford Motor Co. (2019): Commercial Code § 2725 applies to Song-Beverly claims (PDF) govinfo.gov
11. California Department of Consumer Affairs, Arbitration Certification Program: lemon law FAQ dca.ca.gov
12. Arbitration Certification Program: state-certified programs by manufacturer dca.ca.gov
13. Arbitration Certification Program: new lemon law procedures (AB 1755 and SB 26) dca.ca.gov
14. Arbitration Certification Program: manufacturers that opted in to the new procedures dca.ca.gov
15. New Motor Vehicle Board: consumer mediation program nmvb.ca.gov
16. California DMV: branded titles (Lemon Law Buyback) dmv.ca.gov

Related