When Does a Vehicle Qualify Under California Lemon Law?

In 2025, California’s Lemon Law, which is also known as the Song-Beverly Consumer Warranty Act, underwent changes following the passing of Assembly Bill 1755 and Senate Bill 26. The changes focused on how manufacturers and consumers process the defect claims. The most common question for drivers is still about determining if their car is indeed entitled in the first place.

The law sets out a fairly specific standard, and understanding it before calling a dealership again can save a consumer months of frustration.

According to the legal firm website https://www.lemonlawpro.com/, customers who purchase a new, used or leased motor vehicle with applicable express warranties can seek relief under California’s lemon laws. This relief will be granted provided that the customers meet the established standard.

The Basic Legal Standard

To qualify under Song-Beverly, a vehicle usually has to satisfy three things. First, the vehicle needs to be under the manufacturer’s written warranty when the defect shows up. Next, the trouble must severely impact the vehicle’s use, worth, or safety. Defects that are cosmetic or minor may not qualify. The third requirement is that the defect can’t be tied to the owner’s own unauthorized mods or to misuse that happens after the sale.

Vehicles bought or leased primarily for personal, family, or household use are covered, as are certain vehicles used for business purposes when a company has five or fewer registered in the state.

The 18-Month, 18,000-Mile Presumption

California law does not really call for a specific number of repair tries before a car is considered a lemon. The state sets up a presumption that a “reasonable number” of attempts happened if you hit certain benchmarks within the first 18 months or 18,000 miles of ownership, whichever comes first.

When a vehicle undergoes the same defect for quite some time without being resolved in four repair attempts, it may be identified as a lemon car. If, after two or more repairs, the defect still exists and is likely to lead to death or serious injury, the vehicle will also qualify as a lemon. Another way a car may qualify as a lemon is if it has been in the repair facility for maintenance for over 30 days during the warranty period.

Meeting these criteria does not guarantee an automatic win for the claim. Still, demonstrating that you have met these criteria may make it easier to argue that the manufacturer was given a fair chance to rectify the problem.

Used and Certified Pre-Owned Vehicles

The California Supreme Court in the case of Rodriguez v. FCA US LLC, in its judgment of 2024, expanded the interpretation of the “Lemon Law" in relation to used vehicles. The court held that the customer cannot be accommodated by the Lemon Law solely because the used car is still under the original manufacturer's warranty.

There are certain used cars, such as some certified pre-owned cars selling from manufacturer-warranted dealers, in which they may be covered under some warranties and conditions. In contrast, the Song-Beverly Consumer Warranty Act does not cover warranties for private used and preowned vehicles.

What Happens Once a Vehicle Qualifies

When a manufacturer can’t fix a qualifying defect after a reasonable number of attempts, the law in general says it has to either take the vehicle back or swap in a comparable replacement. The decision between those two outcomes is on the consumer side, not the manufacturer.

The repurchase part, sometimes called a buyback, usually brings back the purchase price minus a mileage deduction that reflects how much the vehicle got driven before the defect showed up for the first time. The replacement instead brings a new comparable vehicle. Which option feels more sensible really hinges on how connected someone is to that exact vehicle and on how the math lands in that specific situation.

What to Do If a Vehicle Appears to Qualify

Keep every repair order, even for those visits that look minor. These documents help establish the pattern across several different visits, which is often what really builds the claim.

Record the dates the vehicle was dropped off and picked up. These days out of service add up and count towards the 30-day limit, even if the repair work doesn’t seem related to the previous visit.

Don't wait until the warranty has expired to raise it. A claim is usually related to issues that existed while the warranty was still active.

Moving Forward

California's lemon law remains one of the stronger consumer protection statutes in the country, but qualifying still depends on documentation and timing as much as the underlying defect itself. A driver who keeps a clear repair record and raises concerns while the warranty is active is in a far better position than one who waits and hopes the problem resolves on its own.