California Lemon Law Guide: Your Rights Under the Song-Beverly Consumer Warranty Act

What Is the California Lemon Law? The California Lemon Law, commonly called the Song-Beverly Consumer Warranty Act, is a state statute that provides consumers remedies when a new or used motor vehicle fails to conform to the express warranty and cannot be repaired after a reasonable number of attempts. The Act is codified at Cal. Civ. Code § 1793.2 et seq. and sets out presumptions, timelines, and remedies available to vehicle buyers and lessees. Under the Song-Beverly Act, consumers may be entitled to a replacement vehicle or a repurchase refund of the purchase price, plus incidental damages, and in many cases recovery of reasonable attorney’s fees and costs. The Song-Beverly Act operates alongside other federal and state warranty protections, but it is the primary vehicle-specific consumer protection law in California. The California Attorney General’s consumer protection pages provide guidance and links to the state’s manufacturer arbitration program: https://oag.ca.gov/consumers/general/lemonlaw. Which Vehicles Qualify Under Song-Beverly Consumer Warranty Act? Song-Beverly applies to passenger vehicles, including cars, trucks, and certain motor homes, that are sold or leased in California and come with an express manufacturer’s warranty. The Act covers both new and used vehicles as long as the vehicle remains within the manufacturer’s express warranty or the statutory coverage window described below. In practical terms, used vehicles are protected if the defect arises while the vehicle is still covered by the express warranty period or the statutory presumption window see next sections. Certain categories of vehicles or transactions may be treated differently—commercial vehicles, off-road equipment, and vehicles sold “as-is” without an express warranty may fall outside Song-Beverly protections. Always review your purchase contract and the express warranty language and consult with counsel if you believe your vehicle qualifies. For general background on lemon law principles and how state laws interact with federal protections, see our primer on What is the Lemon Law?/resources/what-is-the-lemon-law/ and the federal Magnuson-Moss Warranty Act/resources/magnuson-moss-warranty-act/. How Many Repair Attempts Are Required in California? California law establishes presumptive thresholds for when a vehicle is presumed to be a lemon. The most commonly cited thresholds are two attempts for the same defect that substantially impairs the use, value, or safety of the vehicle, or if the vehicle has been out of service for a cumulative total of 30 business days for repair of warranty-covered problems. These presumptions apply when the defect manifests within the statutory coverage period described below. | Presumption Criterion | Threshold California | Statutory Reference | |---|---:|---| | Repeated repair attempts for same substantial defect | 2 or more attempts | Cal. Civ. Code § 1793.2b | | Days out of service cumulative | 30 calendar days |