How Do I Know if I Have a Lemon Law Case?

Published October 19, 2026 · Updated October 19, 2026 · California lemon law

The Short Answer

Signs You May Have a Lemon Law Case

• You bought or leased the vehicle new in California, or it came with the new car warranty
• The problem first appeared while the warranty was in effect
• The defect affects safety, how the car drives, or what it is worth
• An authorized dealer has tried to fix it more than once
• The car has spent many days, or more than 30 total, in the shop
• The problem is still happening
• You have repair orders showing each visit

Question One: Is Your Vehicle Covered?

The Song-Beverly Consumer Warranty Act (Civil Code 1790 and following) is the California lemon law. Its strongest buyback rules apply to new vehicles, leased vehicles, and vehicles sold with the manufacturer's new car warranty, such as dealer-owned cars and demonstrators (Civil Code 1793.22(e)(2)).

Business vehicles can be covered too, if the business has no more than five vehicles registered in California and the vehicle is under 10,000 pounds gross vehicle weight. For motorhomes, the chassis, chassis cab and propulsion parts are covered, but the living quarters are not part of that definition. Motorcycles and off-road vehicles are not covered as new motor vehicles under that section.

Used cars are harder after Rodriguez v. FCA US LLC (2024), which held that a used car sold with only the leftover factory warranty is generally not a new motor vehicle under the lemon law's vehicle section. Used and certified pre-owned buyers may still have other claims, so they should still get a review.

Where the car was bought and registered can also matter. Most lemon law claims in California involve cars bought or leased here. If you bought the car out of state and moved here, or bought it here and registered it elsewhere, have an attorney look at the paperwork to see which rules apply.

Question Two: Is It a Warranty Defect?

The lemon law covers defects the manufacturer's warranty promises to fix. That usually means a problem with how the car was built, such as a part that fails, software that malfunctions, or a system that does not work as it should. The legal word is nonconformity, meaning the car does not conform to its warranty.

It does not usually cover damage from an accident, normal wear items, or problems caused by misuse or aftermarket parts. If a dealer has said a problem is not covered, ask for the reason in writing and have an attorney review it.

You do not need to know what is causing the problem. Under Oregel v. American Isuzu Motors (2001), the buyer does not have to prove the exact technical cause. You need to show the symptom, that you reported it, and that it was not fixed.

Some problems fall in a gray area. A noise, a vibration or a feature that does not behave the way the brochure described can still be a nonconformity if it is a defect covered by the warranty. If a dealer says it is normal, an attorney can look at whether a reasonable buyer would accept it as normal.

Question Three: Does It Substantially Impair the Car?

The defect must substantially impair the car's use, value or safety. This is judged from the point of view of a reasonable buyer in your position. It does not require that the car be undrivable.

Safety defects are the clearest examples. Problems with brakes, steering, airbags, sudden power loss, or stalling usually qualify. But many non-safety defects also qualify because they hurt the car's value or make it unreliable. A transmission that shifts hard, a recurring electrical failure, a water leak, or an infotainment system that keeps shutting off the backup camera can all matter.

Think about how the problem affects you. Do you avoid certain trips? Would you have paid as much if you had known about it? Would a buyer pay full price for the car today? Those questions help show substantial impairment.

Several small defects can also add up. A car with a recurring electrical glitch, a leaking seal and a faulty sensor may be substantially impaired as a whole, even if each problem alone seems minor. Bring every issue to the review, not just the worst one.

• Use: can you rely on the car for normal driving?
• Value: would the defect lower what a buyer would pay?
• Safety: could the defect cause a crash or injury?

Question Four: Did the Manufacturer Have Enough Chances?

Under Civil Code 1793.2(d)(2), the manufacturer must replace or buy back the car if it cannot fix the defect after a reasonable number of attempts. The Tanner Act presumption in Civil Code 1793.22(b) helps define reasonable within the first 18 months or 18,000 miles. It applies if any one of the three tests listed below is met.

For the first two tests, you must have directly notified the manufacturer if the owner's manual clearly requires it. The presumption is only one way to prove a case. Many claims succeed outside 18 months or 18,000 miles, or with fewer visits, when the defect first showed up under warranty and the facts show the manufacturer had a fair chance.

Only visits to the manufacturer's authorized dealers count. Repairs at an independent shop, or done yourself, do not count. A software update, including an over-the-air update, can count when it was done to fix your problem, and recall repairs can count too.

Count your visits and days carefully. Look at the date in and date out on each repair order. Count separate visits for the same problem, and add up the days for all warranty repairs. If you are close to one of the tests, an attorney can tell you whether your record already qualifies.

• 2 or more repairs of a defect likely to cause death or serious injury
• 4 or more repairs of the same defect
• More than 30 total days out of service for repairs

Example: Working Through the Four Questions

This is a made-up example. Rosa bought a new minivan for her family. Over 14 months and 12,000 miles, the sliding door failed to close or reopened on its own five times. The dealer adjusted the door twice, replaced a motor once, and twice could not reproduce the problem.

Rosa used the four questions. The minivan was bought new in California, so it was covered. The door was covered by the basic warranty. A door that opens on its own with children inside is a safety concern and affects use and value. And there were five visits within 18 months and 18,000 miles, including two where the dealer found nothing, which can still count.

Rosa called a lemon law firm. The attorney confirmed that her repair orders supported each point and explained the next steps, starting with a written demand to the manufacturer. This example shows how the questions are applied, not a result.

Notice that Rosa did not need to wait for a sixth visit or a written admission from the manufacturer. Once her records answered the four questions, she had what she needed for a review.

Rosa also kept short notes on each time the door misbehaved, which helped connect the visits where nothing was found to the visits where parts were replaced.

Other Things That Can Affect Your Case

A few facts do not end a case but do change how it works. You do not have to still own the car; under Martinez v. Kia Motors America (2011), the buyer does not have to still own or possess the vehicle to pursue lemon law remedies. Leased cars are covered, and a lease buyback typically refunds what you paid and pays off the lease.

Arbitration clauses in dealer sales contracts are another issue. In the Ford Motor Warranty Cases (2025), the California Supreme Court held that manufacturers generally cannot force buyers into arbitration using the arbitration clause in the dealer's sales contract.

Timing matters too. Warranty claims generally must be filed within four years under Commercial Code 2725, and for manufacturers that opted in to the 2025 AB 1755 changes, there are added pre-lawsuit steps. An attorney can check your dates.

Your own conduct matters too. Keeping up with maintenance, using authorized dealers, and reporting the problem consistently all make a case stronger. If you have missed a service or used an outside shop, tell your attorney up front so it can be addressed honestly.

What Happens if You Have a Case

If your car qualifies, you choose between a replacement and restitution. A buyback generally includes the price paid or payable, collateral charges like sales tax, license and registration, and incidental damages such as towing and rental costs, minus a mileage offset based on miles driven before your first repair visit for the problem (Civil Code 1793.2(d)(2)(B) and (C)).

A willful violation can also lead to a civil penalty of up to twice actual damages under Civil Code 1794(c). Whether that applies depends on the evidence.

You do not pay attorney fees out of pocket. A winning buyer recovers attorney fees, costs and expenses from the manufacturer under Civil Code 1794(d). Our firm charges you nothing if we lose. The only way to know for sure whether you have a case is to have an attorney review your paperwork.

If your answers to the four questions are mostly yes, get a review now. If they are mostly no, keep documenting the problem. Either way, you lose nothing by asking.

Bring every repair order, your contract, and your warranty booklet to that conversation.

How to Find Out for Sure

1. Get copies of every repair order from authorized dealers.
2. Count the visits for each problem and add up the total days out of service.
3. Check your mileage and months of ownership at the first repair visit.
4. Find your purchase or lease contract and warranty booklet.
5. Call 877-536-6620 for a free case review so an attorney can read your documents.

Key Facts (as of October 2026)

• California's lemon law covers new vehicles, leased vehicles, and vehicles sold with the manufacturer's new car warranty (Civil Code 1793.22(e)(2)).
• The buyer does not have to still own or possess the vehicle to pursue lemon law remedies (Martinez v. Kia Motors America, 2011).
• Manufacturers generally cannot force buyers into arbitration using the arbitration clause in the dealer's sales contract (Ford Motor Warranty Cases, 2025).

Talk to a Lemon Law Attorney Today

You speak directly with an attorney. Our attorneys, listed in firm order: #1 Jacob Shayesteh (founding attorney), #2 Armig Khodanian and #3 Kamau Edwards, will look at your repair history and tell you honestly whether you have a case. The review is free. You pay $0 out of pocket: the manufacturer pays the attorney fees when you win, and if we lose, you owe us nothing.

What Our Clients Say on Google

“Although it turned out that my vehicles did not quite meet the legal criteria, the level of service I received was outstanding. He will give you an honest assessment of your situation.”

Nick · VW ID.4 owner · 5-star Google review

“They were incredibly professional, fast, and efficient, taking over all the stressful communication with the manufacturer so I didn't have to. In the end, they secured a full lemon law refund for me, which covered not just the vehicle cost, but all of my registration fees, taxes, and finance charges.”

Aaron K. · 2024 Mercedes-Benz EQE · 5-star Google review

“He's extremely knowledgeable when it comes to dealing with service centers and dealerships and making sure they write down the things that are needed for the case.”

Yaira B. · Two Teslas · 5-star Google review

Read all 78 reviews on Google (5.0 stars, October 2026). Reviews describe past clients' experiences; every case is different.

FAQ

Does the defect have to be a safety problem?

No. Defects that substantially impair use or value can qualify too, though safety defects may need fewer repair attempts.

Can I have a case if my car has over 18,000 miles?

Yes. The presumption is limited to 18 months or 18,000 miles, but claims can succeed later if the defect first showed up under warranty.

Does it matter if I bought the car out of state?

It can. Coverage depends on where and how the car was sold and registered, so have an attorney review your contract.

Is my leased car covered?

Yes. California lemon law covers leased vehicles, and a lease buyback typically refunds what you paid and pays off the lease.

Sources and Official References

• California Civil Code section 1793.22 (California Legislature)
• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1794 (California Legislature)
• California Commercial Code section 2725 (California Legislature)

Laws change. This page reflects California law as of October 2026 and was reviewed by Jacob Shayesteh, Esq.

Related Guides

• What is California's lemon law?
• What defects qualify under California lemon law?
• What is substantial impairment?
• My Car Has Been in the Shop 3 Times. Is It a Lemon?
• My New Car Has Been at the Dealer for a Month. What Can I Do?
• The Dealer Can't Fix My Car. What Are My Options?
• The Dealer Said It Was Fixed, but the Problem Came Back. Now What?
• My Car Was in the Shop Before I Even Made My First Payment. Is That a Lemon?
• My Used Car From the Dealer Keeps Breaking Down. Do I Have Any Rights?
• See all lemon law questions

Attorney advertising. Wynn Law Group, APC, 10850 Wilshire Blvd, Suite 1010, Los Angeles, CA 90024. General information, not legal advice. Results vary. Prior results do not guarantee a similar outcome.