California’s Song-Beverly Consumer Warranty Act, also known as the “Lemon Law” requires manufacturers and other warrantors to honor their own warranties. This means that if a vehicle or other consumer product is defective and covered under an express warranty, then they have to repair. And if they cannot repair it after a reasonable number of attempts, then they have to either replace it or give you your money back.
If your vehicle is a lemon, Conn Law, PC’s experienced Lemon Law Attorneys can help. Contact us at (415) 417-2780 for a free consultation.
While most of the “lemon” cases that we see deal with cars, almost any consumer product can be a lemon. This includes motorcycles, RVs, boats, pianos, or almost anything you can think of. The Conn Law, PC team has even brought “Lemon Law” claims for defective faucets!
Song-Beverly provides special rules for vehicles. In order to bring a Song-Beverly “Lemon Law” car case in California, you generally have to show that:
- You bought or leased the motor vehicle in California;
- The vehicle came with a written express warranty;
- The vehicle had defects covered under the written warranty that substantially impaired the use, value, or safety of the vehicle to you;
- You brought the vehicle in for repair to an authorized repair facility;
- The manufacturer or its representative were unable to repair the defects after a reasonable number of attempts; and
- The manufacturer did not offer to repurchase or replace the defective vehicle.
So what does this mean?
Bought or Leased in California
The text of Song-Beverly suggests that the statute only applies to consumer goods purchased in California. This interpretation was confirmed by the California Supreme Court in 2005 in the case Cummins, Inc. v. Superior Court, 36 Cal.4th 478. There are some exceptions to this rule. For example, Song-Beverly was amended in 2008 to allow active duty service members to bring Song-Beverly lawsuits if they are stationed in or reside in California at the time that they bring the lawsuit, even if they did not buy the car in California.And even if you cannot bring a Song-Beverly claim, you may be able to bring a claim under the Federal Magnuson-Moss Warranty Act, the Federal lemon law. One of the biggest differences between Magnuson-Moss and Song-Beverly is that under Magnuson-Moss, the consumer may first have to go through a non-binding arbitration process before bringing a lawsuit. Under Song-Beverly, pre-suit arbitration is not mandatory.
Written Express Warranty
Song-Beverly’s lemon law “repurchase or replace” requirement is triggered by the manufacturer’s breach of their express warranty. While Song-Beverly also provides for relief for breaches of implied warranties and breaches of service contracts, the appropriate relief provided is not as clear. While this is presents an interesting legal question, with new cars and cars covered under the new car warranty, it usually is not an issue and consumers are able to pursue their lemon law repurchase or replacement rights.Substantial Nonconformity/Defect
While a manufacturer has a warranty obligation to repair all “nonconformities” covered by warranty, no matter how minor the complaints, it only has an obligation to offer a repurchase/replacement vehicle if it is unable to repair “substantial” defects after a reasonable number of attempts.So what constitutes a “substantial” defect or nonconformity?
Only you can answer that question. Song-Beverly defines “nonconformities” as “a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.” Civil Code Section 1793.22(e). That means that the defect has to be substantial to you. The nonconformity has to substantially impact your experience with the vehicle. Some defects, like a broken engine, probably apply to everyone. Some are more “substantial” to certain people than they are to others. For example, a broken Bluetooth would be a more substantial defect for someone with a multi-hour daily commute who uses Bluetooth to field work calls while driving than it would be for someone who doesn’t like to talk on the phone while driving. Again, only you can tell if the nonconformity is substantial.
Brought the Vehicle in for Repair
Before you can ask for a repurchase or replacement vehicle under the lemon law, you almost always have to give the manufacturer the opportunity to repair the vehicle. This means that you have to present the vehicle directly to the manufacturer or one of their “authorized service and repair facilities.” This usually means taking the vehicle to a franchised dealership (one with the manufacturer listed in the dealerships name). You do not have to take the car back to the dealership that you bought it from; any authorized repair facility is sufficient. Just don’t take the vehicle to your local independent mechanic, they usually are not authorized to perform warranty work.Reasonable Number of Repair Opportunities
The manufacturer (or its authorized repair facility) is entitled to a “reasonable number of attempts” to repair the nonconformity before they have to offer a repurchase or replacement vehicle under the California lemon law. So how many attempts is reasonable? It depends. Generally, you have to give the manufacturer at least two repair opportunities; the word "attempts" means more than one.Under specific situations, a certain number of attempts is presumed to be reasonable. For example, if within the earlier of the first 18,000 miles or 18 months of use, you bring the vehicle in for repair at two times for the same serious safety issue, and the manufacturer cannot fix it, then there is a presumption that there has been a reasonable number of repair attempts. This same presumption applies if you bring the vehicle in at least four times within this time period for a non-safety nonconformity. It also applies if the vehicle has been out of service for repair for more than 30 days within the first 18,000 miles/18 months of use.
If your situation does not fall within the “presumption,” don’t worry! The vast majority of lemon law cases we see are not “presumption” cases.
As a note of caution, before you sign any repair invoice, make sure that your concerns are accurately written down. And make sure that the dealer generates a repair order for every repair attempt! If it isn’t written down, it can be hard to prove it happened.
And if the dealership hasn’t fixed the vehicle, bring it back right away.
The bottom line is, how many times you have to take the car in before you’ve given the manufacturer a “reasonable number of attempts” depends on the circumstances. But more is always better!
Failure to Offer a Repurchase or a Replacement Vehicle
If a manufacturer cannot repair a vehicle after a reasonable number of attempts, it has an affirmative obligation under Song-Beverly to promptly offer to repurchase the vehicle or offer the consumer a replacement vehicle. While the manufacturer can always just offer a refund, it cannot force the consumer to accept a replacement vehicle.While it never hurts to do so, the consumer does not even have to ask the manufacturer for a refund/replacement. The manufacturer has to offer this relief on its own.
Most lemon law claims arise when the manufacturer fails to comply with its refund/replace obligation.
If you have any more questions about the lemon law or think your car might be a lemon, give us a call or fill out our intake form to talk to one of our lemon law lawyers.
Types of Warranties in California Lemon Law Claims
California Lemon Law protects consumers through express and implied warranties, both of which determine eligibility for a Lemon Law claim and the type of remedy available.
Express Warranties
An express warranty is a written guarantee provided by the manufacturer, outlining terms for repair or replacement of a defective product. Common vehicle warranties include:
- Manufacturer’s Warranty: Covers defects in materials or workmanship for a set period.
- Powertrain Warranty: Covers the engine, transmission, and drivetrain.
- Extended Warranty: Purchased coverage extending beyond the original warranty.
If a defect covered by an express warranty cannot be fixed after a reasonable number of attempts, the consumer may be entitled to a refund or replacement under California Lemon Law.
Implied Warranties
Implied warranties provide protection even without a written guarantee. In California, the implied warranty of merchantability ensures that a vehicle functions as expected. This applies for at least 60 days and up to one year, depending on the sale conditions, and can cover defects even for vehicles sold “as is.”
Implied warranties are important when:
- The vehicle is sold “as is” but has a significant defect.
- There’s no express warranty, but the defect makes the vehicle unusable for its intended purpose.
Relevance to Lemon Law Claims
Both express and implied warranties are key to Lemon Law claims. For express warranties, consumers have to show that the manufacturer failed to repair the product within the warranty terms, often after multiple attempts. Implied warranty claims apply when the product was inherently defective from the time of sale and doesn’t meet basic safety or functionality expectations.
California’s Lemon Law enforces these warranties, providing consumers with legal recourse if manufacturers fail to honor them, whether the defect falls under an express or implied warranty.
California Lemon Law vs. Magnuson-Moss Warranty Act
While both laws protect consumers with defective products, California’s Lemon Law offers stronger protections for vehicle owners, including faster remedies and specific guidelines on repair attempts. Unlike the federal Magnuson-Moss Act, California’s law doesn’t require pre-suit arbitration and includes better provisions for attorney fee recovery.
More Than Just Vehicles
California Lemon Law also applies to other consumer products with warranties, including appliances, electronics, and more. If these products cannot be repaired after a reasonable number of attempts, you may be entitled to a replacement or refund. The Conn Law, PC team has even brought “Lemon Law” claims for defective faucets!
Steps to Take if You Have a Lemon
If you believe your vehicle is a lemon, follow these key steps to protect your rights under California’s Lemon Law.
- Gather Repair Records
Keep copies of all repair orders, invoices, and communications with the manufacturer. These records are essential for proving repeated unsuccessful repair attempts. - Communicate with the Manufacturer
Notify the manufacturer in writing if the defect persists. Follow their warranty claim process, keeping records of all communications. - Understand Repair Attempt Guidelines
A vehicle may qualify as a lemon if:
- There have been two or more repair attempts for a serious safety issue.
- Four or more attempts have been made for other defects.
- The vehicle has been out of service for over 30 days within the first 18 months or 18,000 miles.
- When to Involve a Lawyer
Consider hiring a lawyer if:
- The manufacturer delays or denies repairs.
- The repair history is unclear or poorly documented.
- The settlement offer is insufficient.
- Watch for Warning Signs
Common manufacturer tactics include incomplete repair orders, repeated delays, and refusal to acknowledge the issue. An attorney can help build a stronger case if these issues arise.
The steps above can help protect your rights and improve your chances of a successful claim.
Compensation Available Under California Lemon Law
If your vehicle qualifies as a lemon, you may be entitled to compensation through refunds, replacements, or cash settlements, depending on your case.
- Refunds
The refund typically covers:
- The vehicle’s purchase price.
- Taxes, registration fees, and incidental costs like towing or rental car expenses.
A mileage deduction applies based on the use of the vehicle before the defect was first reported.
- Vehicle Replacement
You can opt for a new, comparable vehicle, with the manufacturer covering associated fees like taxes and registration. The choice between a refund or replacement is yours. - Cash Settlements
In some cases, you may settle for a lump sum payment while keeping the vehicle. Make sure the amount fully covers your losses, including incidental expenses. - Recoverable Damages
Additional costs that can be recovered include:
- Rental car expenses.
- Towing fees.
- Repair costs.
- Loan payments made while the vehicle was out of service.
- Attorney Fees
California Lemon Law requires manufacturers to pay attorney fees in successful claims, making it easier for consumers to seek legal representation without added financial strain.
Frequently Asked Questions: California Lemon Law
Does California Lemon Law only cover new cars?
No. While new cars are commonly the subject of claims, used vehicles may also be covered if they are still under the manufacturer’s warranty or if the dealer provided a warranty.
Do I have to go through arbitration before filing a Lemon Law claim?
No. In California, arbitration is optional, and you can file a lawsuit directly against the manufacturer without going through arbitration first.
Do I need a warranty to file a Lemon Law claim?
Not necessarily. Even without an express warranty, California’s implied warranty of merchantability ensures that a vehicle will perform as expected. This protection may apply, even for vehicles sold “as is.”
Does the Lemon Law process take years?
No. Many Lemon Law cases are resolved within months, particularly with the help of an experienced attorney.
Will filing a Lemon Law claim void my warranty?
No. Filing a claim does not void your warranty. Manufacturers are legally required to honor their warranty obligations throughout the process.
Can I file a Lemon Law claim if the defect is intermittent?
Yes. Even if the defect is not consistent, you may still qualify for a claim if it affects the vehicle’s safety, value, or usability. Documenting each instance is crucial.
Do electric vehicles qualify under California lemon law?
Yes. Charging, battery, software, and power-loss defects can qualify. See our EV Lemon Law page.
Why You Need a San Francisco Lemon Law Lawyer
Handling a Lemon Law case on your own can be complex, with risks such as missed deadlines, incomplete documentation, and low settlement offers. An experienced San Francisco Lemon Law lawyer ensures that all legal requirements are met and can protect you from manufacturers offering inadequate compensation.
A qualified attorney increases your chances of a favorable outcome, helping you receive the full compensation you’re entitled to, including refunds, replacements, or settlements—plus attorney fees. At Conn Law, PC, we specialize in California Lemon Law and have a proven track record of success representing San Francisco clients. Our deep understanding of local dealerships and manufacturers allows us to effectively advocate on your behalf.
If you think your vehicle is a lemon, don’t handle it alone. Contact Conn Law, PC at (415) 417-2780 or fill out the intake form below for a free consultation.