Does my car qualify for the lemon law? Nine questions against California's rules

If you are asking "does my car qualify for the lemon law," you probably have a stack of repair orders and a car that still is not right. California's lemon law, the Song-Beverly Consumer Warranty Act, covers more vehicles and more situations than most people think, but it has rules about what kind of vehicle, what kind of warranty and how many repair chances the manufacturer gets.

This check asks nine questions and compares your answers with the Tanner Act presumption, the part of the law that says when a vehicle is presumed to be a lemon. It shows which element you may meet, quotes the rule, and points to next steps. It cannot read your repair orders, so treat it as a first look. Below the tool, we explain each rule, walk through two examples and list what the check leaves out.

What the lemon law requires

The Song-Beverly Consumer Warranty Act starts at Civil Code § 1790. Its core rule is in § 1793.2(d)(2): if the manufacturer or its representative in California cannot fix a new motor vehicle to match its express warranty after a reasonable number of attempts, the manufacturer must promptly replace the vehicle or make restitution. The buyer may choose restitution, which is a buyback, instead of a replacement.

So a qualifying case usually has four parts: a covered vehicle, a warranty defect that substantially impairs the car's use, value or safety, repair chances given to the manufacturer's dealers, and a failure to fix it within a reasonable number of attempts.

The Tanner Act presumption, element by element

"Reasonable number of attempts" is not defined by a number in the statute. To make it easier to prove, Civil Code § 1793.22(b), known as the Tanner Consumer Protection Act, creates a presumption. Within 18 months from delivery to the buyer or 18,000 miles on the odometer, whichever occurs first, the law presumes a reasonable number of attempts were made if one or more of these happens:

1. Safety defect, two repairs. The same defect results in a condition likely to cause death or serious bodily injury if the vehicle is driven, it has been subject to repair two or more times by the manufacturer or its agents, and the buyer has at least once directly notified the manufacturer of the need for repair.
2. Same defect, four repairs. The same defect has been subject to repair four or more times by the manufacturer or its agents, and the buyer has at least once directly notified the manufacturer.
3. More than 30 days. The vehicle is out of service for repair of defects by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery. The 30 days can be extended only if repairs cannot be performed because of conditions beyond the manufacturer's control.

Two details trip people up. First, direct notice to the manufacturer is required for the first two elements only if the manufacturer clearly and conspicuously disclosed that requirement, with the warranty or owner's manual, and the notice goes to the address it specified there. Second, the 30-day element counts days out of service for repair of defects in total, not just for one problem.

The presumption is rebuttable: the manufacturer can try to disprove it. And it is not the only route. Many vehicles qualify with fewer repairs, or with repairs after 18 months or 18,000 miles, because what counts as reasonable depends on the defect and the history. Our guide to how many repair attempts the lemon law requires goes deeper, including how safety defects are judged under the first element.

Which vehicles are covered

• New and leased. New vehicles bought or used primarily for personal, family or household purposes are covered. So are leases: Civil Code § 1795.4 treats a lessee as a buyer.
• Small business vehicles. Under § 1793.22(e)(2), a new vehicle under 10,000 pounds gross vehicle weight bought or used primarily for business can qualify if the business has no more than five vehicles registered in California.
• Demonstrators and dealer-owned cars sold with a manufacturer's new car warranty are included in the same definition.
• Used cars are more limited after the California Supreme Court's decision in Rodriguez v. FCA US (October 31, 2024). See our used car lemon law guide.
• Service members. Civil Code § 1795.8 covers members of the armed forces who buy a vehicle with a manufacturer's warranty outside California, from a manufacturer that sells vehicles here, if they were stationed in or a resident of California when they bought it or when they file suit.

Motorcycles, unregistered off-highway vehicles and the living quarters of a motor home are excluded. More detail is in what vehicles the lemon law covers.

Two worked examples

Both are hypothetical. Example one. Luis leased a new pickup. At 7,000 miles, in month five, the brakes grabbed and the truck pulled hard to one side. The dealer adjusted the brakes. Two months later it happened again and the dealer replaced a part. He emailed the manufacturer's customer relations address from his owner's manual after the first visit. The check returns Strong presumption on the first element: a defect likely to cause serious injury, two repairs, direct notice, all within 18 months and 18,000 miles.

Example two. Priya's new sedan has an infotainment screen that freezes. The first repair came at 20,000 miles, and the dealer tried three times, for 12 days in the shop in total. The check returns Possible claim: no element is met, but three failed attempts can still be a reasonable number.

What this check leaves out

The check does not know whether the defect substantially impairs the car's use, value or safety, which is required. It cannot read your repair orders or value a buyback; for that, use the lemon law buyback calculator. It also cannot apply arbitration rules: under § 1793.22(c), if a manufacturer has a qualified third-party dispute program and notified you of it in writing, you may need to use that program before relying on the presumption.

Deadlines matter too. For manufacturers that opted in to the 2025 procedures, a lawsuit is generally due within one year after the warranty expires, and within six years of delivery at the latest; see the 2025 lemon law changes and check the Department of Consumer Affairs list. For other manufacturers, the deadline is generally four years under the Commercial Code's warranty statute of limitations, and tolling rules can apply. Either way, call promptly.

If your answers point to a claim, our California lemon law team reviews cases statewide, in English and Spanish.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.