California Lemon Law

When a new vehicle under warranty repeatedly fails to perform as promised, California’s Lemon Law may provide powerful legal remedies. The Song-Beverly Consumer Warranty Act is designed to protect consumers who purchase or lease vehicles with serious defects that a manufacturer cannot repair within a reasonable number of attempts. When the law applies, manufacturers are required to provide a refund, replacement, or other compensation — and to pay your attorney fees.

Does My Vehicle Qualify?

A vehicle may qualify as a lemon under California law when all of the following conditions are met:

• The vehicle was purchased or leased new, with a valid manufacturer’s warranty
• The defect arose during the warranty period
• The manufacturer or its authorized dealers were given a reasonable opportunity to repair the defect
• The defect substantially impairs the vehicle’s use, value, or safety
• The defect is not the result of consumer misuse, neglect, or normal wear and tear

California’s Lemon Law covers most consumer vehicles, including cars, trucks, vans, and SUVs; motorcycles; certain motorhomes with respect to the chassis and drivetrain; and electric and hybrid vehicles. If you are unsure whether your vehicle qualifies, contact AJG Law Group, PC for a free evaluation.

Lemon Law and Modern Vehicle Technology

Many California Lemon Law claims now involve advanced vehicle technology rather than traditional mechanical failures. Modern vehicles rely heavily on software, sensors, electronics, and integrated safety systems that directly affect performance, drivability, and safety. When these systems malfunction and remain unresolved despite repeated repair attempts or software updates, they may support a valid Lemon Law claim.

Common Technology-Related Lemon Law Issues

• Driver-assistance or safety system malfunctions, including automatic emergency braking, lane-keeping assist, and collision warning failures
• Infotainment, navigation, or connectivity failures that persist despite dealer attention
• Repeated warning lights or system error messages that cannot be resolved
• Software or firmware defects that persist despite updates or reprogramming attempts

Common EV-Related Lemon Law Claims

• Battery degradation that substantially affects vehicle range or performance
• Charging failures or compatibility issues with manufacturer-approved charging equipment
• Charging failures or compatibility issues with manufacturer-approved charging equipment
• Thermal management or cooling system warnings that affect battery performance or safety

Manufacturer Obligations and Consumer Remedies

When a vehicle qualifies under California’s Lemon Law, manufacturers are required to provide one of the following remedies. The manufacturer — not the consumer — is responsible for attorney fees and costs when a claim is successfully resolved.

Vehicle Repurchase (Buyback)

A repurchase, commonly referred to as a buyback, requires the manufacturer to refund amounts paid toward the vehicle, minus a mileage offset calculated based on use prior to the first repair attempt for the qualifying defect. A repurchase typically includes reimbursement of monthly payments made, payoff of any remaining loan or lease balance, reimbursement of the down payment, and certain incidental expenses such as registration and taxes. Repurchase is generally the appropriate remedy when defects substantially impair the vehicle’s use, value, or safety and remain unresolved after a reasonable number of repair attempts.

Replacement Vehicle

In some cases, a manufacturer may offer to replace the defective vehicle with a comparable new vehicle of the same or similar make and model, at no additional cost to the consumer. Consumers are not required to accept a replacement vehicle and may instead pursue a full repurchase. Whether a replacement is appropriate depends on the defect history, the nature of the underlying issue, and the likelihood that the problem will recur — a consideration that is particularly relevant with software-driven systems or advanced vehicle technology.

Cash Settlement (Retain the Vehicle)

A cash settlement allows the consumer to retain the vehicle while receiving monetary compensation for its diminished value and related out-of-pocket losses. This may include reimbursement for towing expenses, rental vehicle costs, repair costs not covered by warranty, and compensation for ongoing inconvenience resulting from the defect. Cash settlements are often appropriate when defects persist but the consumer prefers to keep the vehicle and be made financially whole.

Additional Remedies and Civil Penalties

In cases involving willful violations of California’s Lemon Law, additional remedies may be available. Civil penalties of up to two times the actual damages may be imposed when a manufacturer’s noncompliance is found to be intentional. Manufacturers may also be liable for incidental and consequential damages arising from the defect. AJG Law Group, PC evaluates every case for the full range of available remedies.

Repair Documentation and Dealership History

Lemon Law claims depend significantly on repair documentation. A vehicle may be serviced at multiple authorized dealerships, and repairs do not need to have occurred at a single location. What matters is whether the manufacturer was given a fair and reasonable opportunity to repair the defect. Consumers should retain all repair orders, work orders, and service records, as these documents form the foundation of a successful Lemon Law claim.