My EV Won't Charge or Keeps Losing Range. Is It a Lemon?

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

The Short Answer

Signs Your EV Problem May Qualify

• The car fails to start charging, stops partway, or shows charging errors on more than one charger
• Range dropped suddenly, not slowly over years
• The car showed a battery, high voltage or 'service required' warning
• You took it to an authorized service center at least twice for the problem
• Software updates or a battery or charger replacement did not fix it
• The car is under the manufacturer's warranty, or the problem began while it was

How California's Lemon Law Applies to Electric Vehicles

There is no separate lemon law for EVs in California. The Song-Beverly Consumer Warranty Act (Civil Code 1790 and following) covers new and leased electric cars just like gas ones. If the manufacturer or its authorized service centers cannot fix a warranty defect that substantially impairs the car's use, value or safety after a reasonable number of attempts, the manufacturer must replace or repurchase it, and you can choose the buyback (Civil Code 1793.2(d)(2)).

For an EV, charging is the car's fuel system. A car that will not charge at home, cuts off at public stations, or charges at a fraction of its rated speed is a car you cannot plan around. Range is the other half. If you bought an EV rated for a certain distance and it now shows far less after a short time, that affects what you can use it for and what it is worth.

Some EV makers sell directly instead of through dealers. That does not change the law. Their own service centers stand in the place of dealers, and the same rules about repair attempts and documentation apply.

The same goes for leased EVs. Many electric cars in California are leased rather than bought, and the lemon law covers leases. A lease buyback typically refunds what you paid and pays off the lease, so a leased EV with a charging defect is not a reason to wait out the term.

Normal Battery Aging vs a Defect

Every lithium-ion battery loses some capacity over time. Cold weather lowers range for a while. Fast charging often, or keeping the battery at full charge for long stretches, can affect it too. Range estimates on the dash also change with your recent driving. Manufacturers point to these facts when owners complain, and some of the time they are right.

What tends to signal a defect is a pattern that does not fit normal aging. Range drops sharply over weeks rather than years. The car shows a battery fault or a reduced-power warning. Charging stops at the same point every time, or fails on several different chargers. A battery health report shows a weak module. A software update suddenly changes the usable capacity.

Your warranty booklet is the starting point. Many EV warranties have a separate section for the high voltage battery and drive unit, and some describe how much capacity loss is covered. Read it closely, and bring it to your case review. The U.S. Department of Energy site at fueleconomy.gov also lists the original EPA range for your model, which is a useful reference point.

Keep in mind that the dash estimate is a guess based on recent driving. A more reliable check is to note how many miles you actually drove from a full charge to a low charge on a similar route, before and after the problem began. Two or three of those simple records, with dates, give the service center and an attorney something concrete to work with.

Charging Problems Owners Report Most

Charging trouble can come from the car, the cable, the home charger or the station. Your first job is to show that the problem follows the car. If it fails on your home charger, a public station and a service center charger, the defect is very likely in the vehicle.

• Car will not begin charging, or shows 'charging error' after a few minutes
• Charge port door, latch or lock will not release or engage
• Onboard charger failure, so only fast charging works, or only slow charging works
• Very slow fast-charging speeds compared with the rated speed
• Battery coolant or thermal warnings during charging
• Car powers down or will not start because the 12-volt battery keeps dying

Is a Charging or Range Defect a Safety Issue?

Some EV problems are plainly safety problems. A car that suddenly loses drive power, shows a 'stop safely now' message, or warns of a battery thermal issue can put you at risk on the road. Under Civil Code 1793.22(b), within 18 months or 18,000 miles, whichever comes first, two repair attempts on a defect likely to cause death or serious bodily injury create a presumption that the manufacturer had a reasonable number of tries.

A charging failure that leaves you stranded is usually treated under the other paths: four attempts for the same defect, or more than 30 total days out of service. EV repairs that require a battery pack or drive unit can take weeks while parts are shipped, so count the days. Repairs generally must be finished within 30 days unless you agree to more time (Civil Code 1793.2(b)).

For the repair-count paths, you must have notified the manufacturer directly if the owner's manual clearly requires it. If you are past 18 months or 18,000 miles, you can still have a claim if the defect first appeared under warranty.

Write down every time you had to change plans because of the car. A missed shift, a canceled trip or a rideshare home after a charging failure shows how the defect affects your daily use. Those notes also help an attorney understand your incidental costs, such as rides, rentals and towing.

How Software Updates Fit In

EVs get more software updates than any other kind of car. Some fix charging bugs. Some change how the battery is managed, and owners occasionally notice a drop in range or charging speed right after one. Our firm's position is that a software update, including an over-the-air update, can count as a repair attempt when it was done to fix the problem you reported.

If an update seems to have caused a new problem, write down the version number and the date, and report the change to the service center right away. Screenshots of the range estimate at full charge before and after the update are helpful. Keep in mind that a third-party battery shop or your own home fix does not count as a repair attempt under the lemon law. The manufacturer's authorized service network has to be given the chance.

Recalls are also common in EVs, and recall repairs can count as repair attempts. Check your VIN on the NHTSA recall site and keep a printout or screenshot of the result.

When you pick the car up after an update or repair, charge it fully at home that night and note the range estimate and the charging time. If the problem is still there, report it right away so the next repair order connects back to the last one.

Keep the charging cable and adapter that came with the car, too. If the service center wants to test with them, you will have them ready, and you avoid an argument that an outside accessory caused the problem.

Example: An EV That Kept Losing Range

This is an invented example meant to show the process. Grace bought a new electric hatchback in San Diego. For the first few months her full-charge estimate was steady. Then, over about six weeks, it dropped sharply, and the car twice showed a battery service warning. Her home charger also started stopping at about two thirds full.

She tried two public stations and got the same result, then took screenshots and booked a service visit. The first order recorded a software update. The range kept falling, and the second visit found a weak battery module, which the service center replaced after waiting 23 days for the part. A month later the warning came back.

Grace gathered her repair orders, screenshots and charging history and called a lemon law attorney, who reviewed her purchase contract and warranty booklet. This example only shows how the evidence came together. It does not predict any result.

Grace also counted her days without the car. Between the first visit, the 23 day wait for a module and a later visit, the car spent a large part of a season at the service center. That number mattered because time out of service is one of the ways the law measures whether the manufacturer had a fair chance.

What You Can Recover and What It Costs

If the manufacturer must buy the car back, restitution is the actual price paid or payable, including sales tax, license and registration fees and other collateral charges, plus incidental damages such as reasonable towing, rental and repair costs (Civil Code 1793.2(d)(2)(B)). A mileage offset can be subtracted based on miles driven before you first reported the problem (Civil Code 1793.2(d)(2)(C)). Questions about EV rebates or tax credits depend on the program and your situation, so raise them during your case review.

Hiring a lemon law attorney does not have to cost you anything up front. A buyer who wins recovers attorney fees and costs from the manufacturer (Civil Code 1794(d)). At our firm, a case we do not win costs you nothing, and we never bill clients for fees.

Keep paying your loan or lease during the claim. A missed payment can damage your credit, and it can complicate the payoff in a buyback. Also keep using public charging receipts and app history as records, since they show where and when the car failed to charge.

What to Do Next

1. Take screenshots of charging errors, the state of charge and the estimated range, along with the charger type and location.
2. Try a second charger, ideally a different brand or a public station, and write down whether the problem follows the car.
3. Book a visit at an authorized service center and ask that the order say 'vehicle will not charge' or 'sudden range loss' with your numbers.
4. Ask for a copy of any battery health or diagnostic report the technician runs.
5. Keep every repair order, update notice and charging receipt together.
6. Call 877-536-6620 for a free case review and speak with an attorney about your EV's history.

Key Facts (as of October 2026)

• California's lemon law covers new and leased vehicles, including electric vehicles, sold with the manufacturer's new car warranty (Civil Code 1793.22(e)(2)).
• Repairs must be completed within 30 days unless the buyer agrees otherwise (Civil Code 1793.2(b)).
• Tip: screenshots of the full-charge range estimate, taken before and after each service visit, help show whether a repair worked.

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

“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

“From the first call, Jacob personally answered the phone, answered all of my questions, and clearly explained all the steps and what I needed to do.”

Danny N. · 2025 Range Rover Sport · 5-star Google review

“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

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

FAQ

Does it matter that my EV maker has no dealers?

No. The manufacturer's own service centers take the place of dealers, and visits there count the same way.

Is cold weather range loss a defect?

Usually not by itself, since range drops in the cold for most EVs. A sudden loss that stays after the weather warms up, or that comes with warnings, is worth reporting.

My home charger might be the problem. Does that hurt my case?

Test the car on a public station or the service center's charger. If it fails there too, the problem is likely in the car.

Can I still file if I received a state or federal EV incentive?

Usually an incentive does not prevent a lemon law claim, but it can raise questions about the refund. Mention it during your free case review.

Sources and Official References

• California Civil Code section 1793.2 (California Legislature)
• California Civil Code section 1793.22 (California Legislature)
• U.S. DOE and EPA fuel economy and EV information
• NHTSA recall lookup by VIN
• California Department of Consumer Affairs: California's Lemon Law Q&A
• NHTSA: Report a Vehicle Safety Problem
• California Attorney General: Buying and Maintaining a Car

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

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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.