Lemon Law

The Lemon Law

You purchased or leased a new or lightly used vehicle because you wanted something you can count on. If your car has been nothing but a lemon, what can you do? You can turn to the Law Offices of Todd M. Friedman for honest and aggressive representation.

We focus on protecting the rights of consumers in Woodland Hills and throughout the nation. We have the trial skills and resources to take on powerful opponents and achieve results for our clients. If you have been wronged by a dealer or manufacturer, we can make things right.

Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law protects consumers if a motor vehicle fails to perform as provided under an express warranty. Simply put, if a vehicle is not performing and the situation cannot be remedied in a reasonable number of attempts, the vehicle is considered to be a lemon.

The Lemon Law covers a wide variety of motor vehicles, including cars, trucks, motorcycles, recreational vehicles and boats. Warranty cases can be extremely complex, so it is important to have our experienced lawyer on your side.

Talk directly with an attorney from our firm. We will make sure you understand your rights at every step of your case as we aggressively pursue the outcome you deserve.

Had Enough Of Your Lemon?

Talk directly to an attorney from our firm who will advise you of your rights and pursue them to the fullest extent of the law. Contact us today for a free consultation with our nationwide lemon law attorney.

Lemon Law Attorney in California

The California lemon law, found in California Civil Code § 1793.2, applies to new and used vehicles that still have a manufacturer’s new vehicle warranty. When you think that you might have a lemon law claim for your motor vehicle, make sure that you speak to a lemon law attorney in California.

Again, the lemon law only applies to motor vehicles that have a manufacturer’s new vehicle warranty, so any vehicle purchased without a warranty will not be covered. A manufacturer or dealer must repair a serious warranty defect or either replace the vehicle or refund the consumer the purchase price.

How the California Lemon Law Works

The California lemon law only covers new motor vehicles that are either used or were bought for use with regards to personal, family, or household purposes, or have gross vehicle weights of less than 10,000 pounds and are bought or used for business purposes by a person or business to which a minimum of one but not more than five motor vehicles with registration in California. Additionally, a motor vehicle must be purchased or leased in California at retail (meaning it cannot be a private sale), or purchased or leased by a full-time active duty member of the Armed Forces who happened to be stationed or residing in California when they purchased or leased the vehicle or at the time they file their claim.

The lemon law will not cover a motorcycle; any portion of a motor home that a party is using, designing, or maintaining primarily for human habitation; or a motor vehicle that does not have registration under the Vehicle Code for operating or using exclusively off the highways. The lemon law covers a consumer, which is defined as any person who buys or leases a new motor vehicle from any person engaged in the business of selling, leasing, distributing, or manufacturing new motor vehicles at retail, a lessee for a term of more than four months; and any person who a vehicle is transferred to during the duration of a written warranty or is otherwise entitled under state law to enforce the obligations of the warranty.

The lemon law will cover vehicle nonconformities, which are defined as a vehicle defect or malfunction covered by a manufacturer’s written new vehicle warranty and substantially impairs the value, use, or safety of a vehicle to the consumer. The California lemon law does not cover any vehicle problems caused by the unauthorized or unreasonable use of a vehicle after sale.

Service contracts are not express warranties within the meaning of the lemon law, and the lemon law will not authorize a repurchase or replacement remedy for breaches of service contracts. When a manufacturer or its representative in California cannot service or repair a vehicle to conform with the applicable express warranties after a reasonable number of attempts, the manufacturer either has to replace or repurchase the vehicle.

A manufacturer must be provided more than one attempt to repair a vehicle, and each occasion that an opportunity for repairs is provided will count as an attempt, even if no

repairs actually occur. A consumer does not need to possess or own the vehicle to avail themselves of the repurchase or replacement remedies.

The California lemon law also establishes a rebuttable presumption that when a reasonable number of repair attempts are made if, within 18 months from delivery to the first retail buyer or lessee or the vehicle hits 18,000 miles on the odometer (whichever comes first), one or more of the following will occur:

The same nonconformity results in a condition likely to cause death or serious bodily injury should you drive the vehicle and the nonconformity has been subject to repair two or more times by a manufacturer or its agents, and the consumer has at least once directly notified the manufacturer of the need for repair;

The same nonconformity is the subject of repair four or more times by a manufacturer or its agents and a consumer has at least once notified a manufacturer of the need for repair; or

A vehicle has been out of service for more than 30 calendar days (cumulative, meaning that the 30 days must not be consecutive) since delivery by reason of repair of one or more nonconformities by a manufacturer or its agent (like an authorized dealer).

A 30-day limit will get an extension only when repairs cannot be performed because of conditions beyond the control of a manufacturer or its agents. A consumer must directly notify a manufacturer only if a manufacturer has clearly and conspicuously disclosed to the consumer, in a warranty or owner’s manual, the provisions of the lemon law and the direct notice requirement.

Frequently Asked Questions (FAQs) About the Lemon Law in California

The complexities of the California Lemon Law can leave even the savviest consumer looking for answers. At the Law Offices of Todd M. Friedman, we have the answers you are looking for. You can rely on us for honest and aggressive representation focused on asserting your consumer rights.

From our location in Woodland Hills, California and our additional locations in Ohio, Illinois and Pennsylvania, we represent consumers in Los Angeles and throughout the nation. Call us today at 323-285-3255 or send us an email.

Is my car a lemon?

In California, a vehicle may be considered a “lemon” if it has a substantial defect that impairs its use, value, or safety—and the manufacturer or its authorized repair facility has been unable to repair the issue after a reasonable number of attempts during the warranty period. This applies to new and certain used vehicles, including cars, trucks, SUVs, motorcycles, and more.
If your vehicle has been in the shop multiple times for the same issue, or if it’s been out of service for an extended period (typically 30 days or more), you may have a valid claim under the California Lemon Law.
Other states like Ohio, Illinois, and Pennsylvania also have lemon laws, but the qualifying criteria and types of vehicles covered can vary. For example, in Pennsylvania, the law generally only applies to new cars, trucks, and SUVs purchased for personal use within the first 12 months or 12,000 miles.
What is the Lemon Law?

In California, the Lemon Law is officially known as the Song-Beverly Consumer Warranty Act. It is designed to protect consumers who purchase or lease new or certified pre-owned vehicles that turn out to be defective. The law requires manufacturers to either replace the defective vehicle or refund the consumer if they are unable to repair the issue after a reasonable number of attempts.
Additionally, the California Lemon Law includes a provision called the Tanner Consumer Protection Act, which further defines what qualifies as a “reasonable number of repair attempts.”
Other states have similar laws, although they may have different names and apply differently. For instance, in Illinois and Pennsylvania, the lemon laws primarily protect new vehicle purchasers and may not extend the same level of protection to used or leased vehicles as California does.
Are recreational vehicles such as motor homes and campers covered by the Lemon Law?

Yes, in California, certain parts of recreational vehicles (RVs), such as the drivetrain and chassis, are covered under the Lemon Law if the RV was purchased or leased for personal use and is still under warranty. However, the “house” portion of the RV—like plumbing and cabinetry—is typically not covered unless those parts are also warranted by the manufacturer.
In contrast, states like Ohio and Pennsylvania limit Lemon Law coverage to vehicles used primarily for personal transportation. This often excludes most RVs unless the chassis or engine itself has a defect and is under warranty.
Are boats, Jet Skis, and other watercraft covered by the Lemon Law?

In California, the Lemon Law generally does not cover boats, Jet Skis, or other watercraft under the Song-Beverly Act. However, you may still have rights under other consumer protection laws or warranty statutes such as the federal Magnuson-Moss Warranty Act, which applies to consumer goods with written warranties.
In states like Ohio or Illinois, watercraft are typically not included under state lemon laws either, but similar protections may be available under federal law or through breach of warranty claims.
Do I need an attorney to pursue a Lemon Law claim?

While hiring an attorney is not required, it is highly recommended. California’s Lemon Law is complex, and manufacturers often have legal teams working to minimize or deny your claim. An experienced Lemon Law attorney can help you gather the necessary documentation, negotiate effectively with the manufacturer, and, if needed, file a lawsuit on your behalf.
Best of all, California law requires the manufacturer to pay your attorney’s fees if your claim is successful—meaning legal representation typically comes at no cost to you. The same fee-shifting provisions are available in other states like Pennsylvania and Ohio, making it financially sensible to work with a qualified attorney.
How many repair attempts are required before a vehicle is considered a lemon?

In California, the law does not specify a set number of repair attempts, but it does provide guidelines. A vehicle may be presumed to be a lemon if, within the first 18 months or 18,000 miles:
The manufacturer has made two or more attempts to repair a defect that could cause serious injury or death.
There have been four or more attempts to repair the same non-life-threatening issue.
The vehicle has been out of service for 30 or more days total due to repairs for any combination of defects.
These are presumptions, not requirements. Even if your situation doesn’t meet these exact thresholds, you may still qualify depending on the severity and frequency of the problem. Other states have different benchmarks. For example, in Pennsylvania, the law applies if the defect persists after three repair attempts or 30 cumulative days out of service within the first year or 12,000 miles.
What is my next step?

If you suspect your vehicle is a lemon, your next step should be to speak with an experienced Lemon Law attorney to evaluate your case. At the Law Offices of Todd M. Friedman, P.C., we offer free consultations where you’ll speak directly with an attorney—not a paralegal or intake coordinator. We’ll walk you through your rights, assess the strength of your claim, and explain what to expect.
Our firm has offices in Los Angeles, CA, and additional locations in Ohio, Illinois, and Pennsylvania, and we’ve successfully helped thousands of consumers fight back against manufacturers. Let us handle the legal headaches so you can get back on the road with confidence.
Do I have to go to court for the lemon law to help me?

Not necessarily. In many cases, the manufacturer may offer a state-certified arbitration program that may assist you in resolving your dispute. If so, you will have to request arbitration to claim the benefits of a Lemon Law Presumption. You can accept or reject an arbitrator’s decision.
Must I go through arbitration before I can begin a lemon law claim?

No. It is not uncommon for arbitration results to be unfair, and many consumers will seek legal counsel after losing at arbitration.
What is a lemon law buyback?

This process involves an automobile manufacturer buying your car back from you and you getting a reimbursement for your down payment, all the monthly payments you have made, any current registration fee, and the manufacturer paying off any outstanding auto loan. The manufacturer will take the vehicle from you and brand the title as a lemon law buyback. The only money deducted from your refund will be the mileage offset that will be calculated by the mileage on the vehicle when a problem first started, divided by 120,000, and finally multiplied by the purchase price of the vehicle. An equation is set forth under statutory law and the amount will be considered to be a credit to a manufacturer for the “good miles” that were on a vehicle before anything went wrong. The only other items that could be a deduction from a refund will be items added onto the purchase of the vehicle. Every manufacturer looks at such items differently so there is no hard and fast rule about what a manufacturer will include in a buyback versus what will be a deduction.

Call Us Today to Schedule a Free Consultation with a Lemon Law Attorney in California

Do you think that the vehicle you bought might be a lemon in California? The Law Offices of Todd M. Friedman, P.C. can help you determine the best way to proceed with your lemon law claim.

Our firm understands how frustrating these types of cases can be for people and we will work hard to make sure that you are able to either get the repairs you need or get a full refund for the money you have spent. You can call (818) 646-5690 or contact us online to schedule a free consultation so we can take a longer look at your case and help you understand what options may be available to you.