Nissan and Infiniti lemon law in California: recalls, CVT claims and your deadlines

If your Rogue, Altima, Sentra, Pathfinder, Frontier or LEAF, or your Infiniti QX50, QX55 or QX60, has been back to the dealer for the same problem again and again, the Nissan lemon law California drivers can use is the Song-Beverly Consumer Warranty Act. When Nissan North America and its dealers cannot fix a defect covered by the factory warranty after a reasonable number of attempts, Nissan must repurchase or replace the vehicle.

Nissan claims raise a few brand-specific questions: transmission (CVT) problems, an engine bearing recall on VC-Turbo models, an arbitration clause that applies only to vehicles bought or leased in California, and Nissan's reported decision to opt in to the 2025 procedures. This guide covers each one, lists documented recalls with NHTSA campaign numbers and explains what to keep. It is general information as of October 2026, not legal advice, and it does not suggest that Nissan or Infiniti vehicles are generally defective.

How California's lemon law applies to a Nissan or Infiniti

Civil Code § 1793.2(d)(2) requires a manufacturer to replace a new vehicle or pay restitution, at the buyer's choice, when it cannot fix a warranty defect after a reasonable number of attempts. Civil Code § 1793.22(b) sets a presumption for the first 18 months or 18,000 miles: two or more repairs of a defect likely to cause death or serious bodily injury, four or more repairs of the same defect, or more than 30 cumulative days out of service. For the first two, you must also have notified the manufacturer directly at least once if its warranty materials clearly required it.

Many valid claims fall outside the presumption, with fewer visits or after 18 months; see how many repair attempts make a lemon. Restitution generally covers the price paid, taxes, registration, finance charges and incidental costs, less a mileage offset for use before the first repair visit for the defect. Our lemon law buyback calculator shows the formula. Under Civil Code § 1794, a buyer who wins recovers attorney's fees and costs, and a court can add a civil penalty of up to two times actual damages for a willful violation.

Nissan and Infiniti warranty terms

The 2026 Nissan warranty booklet lists basic coverage of 36 months or 36,000 miles and powertrain coverage of 60 months or 60,000 miles. The 2025 Infiniti booklet lists 48 months or 60,000 miles and 72 months or 70,000 miles. For the LEAF, the 2024 LEAF booklet covers the lithium-ion battery for 96 months or 100,000 miles, including capacity loss below nine of twelve segments on the battery gauge, and the EV system for 60 months or 60,000 miles. Many CVTs are powertrain components, so a transmission problem may still be under warranty after basic coverage ends.

Recalls you should know

A recall alone does not make a vehicle a lemon, and a recall repair is not automatically a failed repair. But repeat visits for the same symptom, or a recall that does not fix the problem, belong in your repair history. This is a selection from NHTSA's database, not a complete list. Check your VIN at nhtsa.gov/recalls.

For VC-Turbo owners: the recall remedy is a software update, not a new engine. If your engine later knocks, loses power or fails, every visit after the update is a separate repair attempt worth documenting.

Nissan CVT problems and class settlements

Nissan's continuously variable transmissions have been the subject of several class actions. In one, Martinez v. Nissan North America, final approval was reported in May 2023 for a settlement covering 2017–2018 Altima and 2018–2019 Sentra, Versa and Versa Note. According to CarComplaints, it extended transmission coverage by 24 months or 24,000 miles, reimbursed certain repair costs and offered a $1,000 voucher to some owners with two or more qualifying transmission repairs.

A class settlement and an individual lemon law claim are different. A class settlement usually extends a warranty or pays back repair costs. A lemon law claim asks whether your own vehicle could be fixed, and if not, seeks a buyback. Unless you opted out of a class settlement, its release may affect some claims, so keep any class notice you received. Our guide to Nissan CVT transmission lemon law claims goes model by model, and our page on transmission problems explains how dealers document shudder, slipping and hesitation.

Nissan's California arbitration clause and BBB AUTO LINE

The 2026 Nissan warranty booklet includes a section titled "Agreement to Arbitrate for California Vehicles Only," which applies if "you purchased or leased your vehicle in California." It states: "If you do not opt out, then this Agreement is binding." You may opt out by mailing a letter with your name, VIN and intent to opt out to Nissan's Consumer Affairs Department within 30 days after delivery. Small claims court remains an option. The 2025 Infiniti booklet contains a similar California agreement with the same 30-day opt-out.

This is different from the arbitration clause in a dealer's sales contract. In 2024, in Davis v. Nissan North America, the Court of Appeal held that Nissan, which did not sign the sales contract, could not use that contract's clause to force a buyer's warranty claims into arbitration. In 2025 the California Supreme Court reached the same conclusion in a Ford case and cited Davis with approval (Ford Motor Warranty Cases). An agreement in the manufacturer's own warranty booklet raises separate questions, and in 2026 a Court of Appeal enforced one in a Honda case. If you bought within the last 30 days, read the booklet now.

Nissan also uses BBB AUTO LINE, which a June 2025 Department of Consumer Affairs notice lists as the state-certified program for Nissan/Infiniti. The booklet says you must first use BBB AUTO LINE "in good faith" to seek state-law remedies where state law calls for it. Under Civil Code § 1793.22(c), that means using the program before relying on the 18-month presumption; it does not bind you to its decision. Our guide to arbitration versus a lawsuit compares the options.

Reported results involving Nissan

Most claims settle privately. The rulings and settlements above were handled by other lawyers and are not LaCour results. For context, the CALPIRG Education Fund's Auto Lemon Index counted 4,308 California lemon lawsuits against Nissan North America (Nissan and Infiniti) from 2018 through 2021, about one for every 115 new vehicles registered, the fourth-highest rate among the 19 manufacturers in the study. Lawsuit counts reflect many factors and do not show that any vehicle is defective. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

Building your Nissan or Infiniti repair record

• Get a repair order every visit showing your complaint, the technician's findings and the work done. For CVT complaints, ask whether a road test was done and that the order say so.
• Use the same words each time ("shudders accelerating from a stop," "hesitates then lunges"). Consistent wording ties visits to one defect.
• Ask about software updates. Many CVT and VC-Turbo fixes are reprogramming. Make sure each update appears on a repair order.
• Write to Nissan. The booklet lists Nissan Consumer Affairs at 1-800-867-7669 and P.O. Box 685003, Franklin, TN 37068-5003; the Infiniti booklet lists 1-800-662-6200. Keep case numbers.
• For a LEAF, photograph the battery capacity gauge and save charging error messages with dates.
• Keep the opt-out letter, if you sent one, with proof of mailing, plus any class action notices.
• Log days out of service and keep rental and towing receipts.

Deadlines and the 2025 rules

Nissan has been reported on the list of manufacturers that opted in to the new procedures as of May 2025; the reports we reviewed do not name Infiniti separately. For opted-in manufacturers, a lawsuit generally must be filed within one year after the express warranty expires and no later than six years after delivery, with time added for repair periods (Code of Civil Procedure § 871.21). A buyer who wants a civil penalty must send a specific written notice at least 30 days before suing, and the manufacturer can avoid the penalty by offering a buyback or replacement within 30 days and completing it within 60 days (§ 871.24).

Have a lawyer prepare that notice. Check the Department of Consumer Affairs list for current status, and see our guide to the 2025 lemon law changes.

How LaCour handles Nissan and Infiniti claims

LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, in court or arbitration, with trial counsel leading each case. When a claim succeeds, the manufacturer pays your attorney's fees and costs. Send your repair orders for a free, confidential review.

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.