California lemon law requirements (2026)

California's lemon law is the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790–1795.7). It covers new motor vehicles used primarily for personal, family, or household purposes. Within 18 months/18,000 miles: same nonconformity repaired 4+ times, a defect likely to cause death or serious injury repaired 2+ times, or 30+ days out of service. Routes: state-certified arbitration, mediation, court.

The plain-English walkthrough — built from the statute text (leginfo.legislature.ca.gov) and the Department of Consumer Affairs' Arbitration Certification Program, not law-firm marketing. Last reviewed: October 2026.

¿Prefiere español? Lea esta guía en español.

For how California’s certified programs work — cost, the 40-day timeline, and the binding rule — see manufacturer dispute programs.

What vehicles are covered

California's lemon law — the Song-Beverly Consumer Warranty Act (Cal. Civil Code §§ 1790–1795.7) plus the Tanner Consumer Protection Act (§ 1793.22) — covers new motor vehicles bought or used primarily for personal, family, or household purposes, plus business-use vehicles under 10,000 lbs GVWR where the buyer has 5 or fewer vehicles registered in California. It includes the chassis and cab of motor homes (not the living quarters) and dealer demonstrators sold with the manufacturer's new-car warranty. Motorcycles and off-highway vehicles are excluded. Lessees count as buyers.

Used vehicles — caution: in Rodriguez v. FCA (2024), the California Supreme Court held that a used vehicle bought with an unexpired new-car warranty is generally not a "new motor vehicle" under the lemon law presumption unless that warranty was issued with the sale. Used goods sold with an express warranty still get some Song-Beverly protection, but under different rules — used-car cases are lawyer cases, not DIY cases.

EVs are covered like any new motor vehicle. Whether a battery problem — especially gradual degradation — counts as a nonconformity is fact-specific, and there's no bright-line rule we can give you, so battery cases belong with a lemon law attorney.

The defect must substantially impair the use, value, or safety of the vehicle to you.

The three presumption tests

Under the Tanner Act (§ 1793.22(b)), a "reasonable number of repair attempts" is presumed if, within 18 months from delivery or 18,000 miles on the odometer, whichever comes first, any one of these happens:

1. Four-times test

The same nonconformity was subject to repair 4 or more times.

2. Two-times test (death or serious injury)

The same nonconformity is likely to cause death or serious bodily injury if the vehicle is driven, and was subject to repair 2 or more times.

3. 30-day test

The vehicle was out of service for repairs for a cumulative total of more than 30 calendar days since delivery.

This is a rebuttable presumption — it shifts the burden of proof to the manufacturer, and you can assert it in any civil action (including small claims court) or formal/informal proceeding. Failing the presumption does not kill your claim — you can still try to prove a reasonable number of attempts another way, usually with a lawyer.

The three notice requirements — don't mix them up

California has three different notice rules, and they do different things:

1. Presumption notice: for the 2-attempt and 4-attempt prongs, you must have directly notified the manufacturer (not just the dealer) at least once of the need for repair — but only if the manufacturer "clearly and conspicuously disclosed" that requirement, with the address, in the warranty or owner's manual.
2. Civil-penalty notice: after the presumption events occur, you may serve written notice requesting compliance. Serve it and the manufacturer has 30 days to comply — miss the notice and there's no civil penalty under § 1794(e).
3. AB 1755 pre-suit notice (opted-in manufacturers only): at least 30 days before suing for civil penalties, notify the manufacturer with your name, accurate VIN, a brief summary of repair history and problems, and a demand to repurchase or replace. You must have possession of the vehicle when you send it.

Your three routes: arbitration, mediation, court

Unlike Texas or Florida, California has no state agency that adjudicates lemon claims. Your options:

Route A — Free state-certified arbitration (a common first step)

The Department of Consumer Affairs certifies manufacturer arbitration programs — BBB Auto Line, the California Dispute Settlement Program (CDSP), and CAP-Motors — each covering specific makes. Check the DCA list for a program covering your vehicle. Decisions typically arrive within ~40 days of claim acceptance and are binding on the manufacturer if you accept. Free to you.

One catch: if a qualified arbitration process exists and you got timely written notice of it, you must try it before asserting the presumption in court. (Deadlines are tolled while arbitration is pending.)

Route B — New Motor Vehicle Board mediation

Informal mediation through the NMVB: (916) 445-1888, nmvb.ca.gov. NMVB mediates manufacturer warranty and repair disputes, but its consumer mediation page lists Lemon Law complaints as outside its jurisdiction and refers those consumers to the Department of Consumer Affairs.

Route C — Court

Small-claims court or Superior Court — the presumption can be asserted even in small claims — or federal court under the Magnuson-Moss Warranty Act. Prevailing buyers recover attorney's fees (§ 1794(d)) — one reason many California lemon-law attorneys work on contingency.

Deadlines: the 18/18 window and AB 1755 caps

California's 2024–2025 overhaul (AB 1755, effective 1/1/2025, and the SB 26 opt-in, effective 4/2/2025) created a three-track system: (1) AB 1755 procedures for manufacturers that opt in (DCA publishes the list each December 15), (2) classic Song-Beverly for everyone else, and (3) DCA-certified arbitration.

• Presumption window (all tracks): 18 months from delivery or 18,000 odometer miles, whichever first. California lemon law deadline calculator →
• AB 1755 track: file within 1 year after your express warranty expires, hard-capped at 6 years from delivery — whichever comes first.
• Classic track: the Act states no California lemon law statute of limitations of its own; courts generally apply a 4-year written-contract period with fact-specific accrual. Do not guess this date — it's attorney territory.

Remedies: replacement or refund — your choice

• The buyer chooses. You may elect restitution; the manufacturer can never force a replacement vehicle on you.
• Replacement: a substantially identical new vehicle with all normal new-car warranties, plus sales/use tax, license, registration, official fees, and incidental damages.
• Restitution (refund): actual price paid/payable (including transportation and manufacturer-installed options) + collateral charges (tax, license, registration, official fees) + incidental damages actually incurred (repair, towing, rental).
• Mileage offset: price × (miles traveled before you first delivered the vehicle for correction of the nonconformity ÷ 120,000).
• Civil penalty up to 2× actual damages if the manufacturer's failure to comply was willful.
• Attorney's fees and costs to a prevailing buyer (§ 1794(d)).

When to talk to a lawyer instead

LemonLawPath is for straightforward, DIY-able cases. Talk to a licensed lemon law attorney if any of these apply:

• Your defect is a serious safety hazard;
• The manufacturer denied your claim or disputes the defect;
• Your vehicle was bought used;
• You're on the classic track and unsure about the deadline;
• Anything about your case feels ambiguous.

The statute gives prevailing buyers attorney's fees, and many California lemon law attorneys work on contingency — ask how any attorney you contact charges before you hire them.

Sources: Cal. Civ. Code § 1793.22 (Tanner Act) · Cal. Civ. Code § 1793.2 · Cal. Civ. Code § 1794 · CCP § 871.21 (AB 1755 deadlines) · DCA Arbitration Certification Program