Lemon law FAQ
Common questions.
Straight answers.
This page provides general information, not legal advice. Every case is different — get a free case review for advice about your vehicle.
General lemon law questions
What is California’s lemon law?
California’s lemon law is part of the Song-Beverly Consumer Warranty Act. It requires a manufacturer to repurchase or replace a vehicle — or compensate the owner — when it cannot fix a warranty defect that substantially impairs the vehicle’s use, value or safety after a reasonable number of attempts.
What types of vehicles are covered?
New cars, trucks and SUVs bought or leased in California, demonstrators, the chassis and drivetrain of new motorhomes, and some used or certified pre-owned vehicles sold with a new warranty. EVs and hybrids are covered like any other vehicle.
Do I have to pay upfront to work with you?
No. There’s no upfront cost to work with us. In a qualifying case, California law allows fees and costs to be recovered from the manufacturer. Your written fee agreement explains the details.
Who pays the attorney fees?
California law allows a buyer who prevails in a qualifying action to recover reasonable attorney fees and costs. In a qualifying case against a manufacturer, that can mean the manufacturer pays those amounts. And there’s no risk to you: if we don’t win, you pay nothing. See your written fee agreement for details.
How many repair attempts do I need?
There isn’t one number that applies to every case. The seriousness of the problem and the opportunities to repair it matter. California has specific presumptions involving repair attempts and time out of service, but you may still qualify without meeting those presumptions.
What if the dealer says they can’t duplicate the problem?
An intermittent problem can be difficult to reproduce. Ask the dealer to record your complaint accurately on every repair order, even when no repair is performed. Keep a dated log and any photos or videos you can safely capture. We can review those records alongside the dealer’s findings.
What can I recover?
Typically a repurchase (refund of payments, down payment and eligible fees, minus a usage offset), a comparable replacement vehicle, or a cash-and-keep settlement.
How long does a lemon law case take?
Many cases resolve quickly. Timing depends on the manufacturer and the details of your case, and early mediation can help move things along.
What documents should I gather?
Your purchase or lease contract, every repair order, any correspondence with the dealer or manufacturer, and notes or videos showing the defect. Repair orders are the most important evidence.
New Car Lemon Law questions
How many repair attempts make a new car a lemon in California?
There’s no single number — it depends on your vehicle and the problem. If your new car keeps going back to the dealer for the same issue, a free case review can tell you where you stand.
Do I have to keep paying my car loan during the case?
Yes. Keep making payments and keep the vehicle insured. Missed payments can hurt your credit and complicate a buyback.
Used Car Lemon Law questions
Is a used car covered by the California lemon law?
Sometimes. After Rodriguez v. FCA (2024), a used car sold with only the leftover original warranty is generally not treated as a “new motor vehicle.” But vehicles sold with a new warranty — like many manufacturer CPO programs — may still qualify, and other warranty laws can apply.
What paperwork should I gather for a used car claim?
Your purchase contract and every repair order. Repair orders are the most important evidence in any lemon case.
Leased Vehicle Lemon Law questions
Can I file a lemon law claim on a leased car?
Yes. California’s lemon law expressly covers new vehicles leased in the state. The same repair-attempt and days-out-of-service standards apply.
What happens to my lease if I win?
In a repurchase, the manufacturer pays off the lease and refunds your eligible payments, so you walk away without the remaining obligation.
Electric Vehicle Lemon Law questions
Does a software update count as a repair attempt?
Often, yes — especially when the dealer performs or documents it in response to your complaint. Keep records of every over-the-air update tied to your issue.
Are hybrid vehicles covered?
Yes. Hybrids and plug-in hybrids are covered like any other new motor vehicle under California’s lemon law.
RV & Motorhome Lemon Law questions
Does California lemon law cover motorhomes?
Yes, for the chassis, chassis cab and the propulsion portion of a new motorhome. Defects in the living quarters may be covered under the broader Song-Beverly warranty provisions.
Who do I claim against — the chassis maker or the RV builder?
Often both. Each issues its own warranty, and we identify which company is responsible for each defect.