California Lemon Law
The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts.
The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer’s new-vehicle warranty. Full-time active-duty members of the Armed Forces stationed or residing in California at the time of purchase or lease are protected by the Lemon Law even if their vehicles were purchased or registered outside of California. The Lemon Law also applies to used vehicles when they are still under a manufacturer’s new car warranty. Any remaining time left on the warranty protects the car’s new owner.
Under the Lemon Law, the manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts, it cannot repair a problem that:
- Is covered by the manufacturer’s new-vehicle warranty;
- Substantially impairs the use, value, or safety of the vehicle; and
- Is not caused by unauthorized or unreasonable use of the vehicle after sale.
What is considered a “reasonable” number of repair attempts depends on many factors. While the following factors are not required, there is a rebuttable presumption that your vehicle is a lemon if:
- The problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first);
- If required by the warranty or owner’s manual, you notified the manufacturer about the problem; and
- You have taken the vehicle in for repair by the manufacturer or its agents:
- Four or more times for the same problem and it still is not fixed, or
- Two or more times for the same problem, if that problem is big enough to cause death or serious injury, and it still is not fixed, or
- The vehicle has been out of service for repair for more than 30 days (the 30 days do not need to be in a row).
If your vehicle is a lemon, the manufacturer must promptly repurchase or replace it. You have the right to choose a refund instead of a replacement.
Lemon vehicles that are bought back by dealers and then resold must be identified as a “lemon law buyback” and have a “lemon” sticker on their door. When lemon buybacks are not properly disclosed and sold “as is,” the buyer may still have rights under the Lemon Law. For additional information, see
Lemon Law Buyback Vehicles.
Even if the Lemon Law does not apply in your case, other state and federal laws may protect you. These include laws that prohibit deceptive practices and require vehicles to meet minimum safety standards. For advice concerning your legal rights, consult an attorney.
Auto Repair Shops
All auto repair shops must be registered with the California Bureau of Automotive Repair (CBAR). To check if a repair shop is registered or if there has been any disciplinary action taken against it visit the
CBAR website or contact them at (800) 952-5210.
By law, a vehicle repair shop must give you a written estimate before it makes any repairs. The repair shop cannot charge you more than the estimate without your permission. Ask if there is a charge for the estimate. After you receive the estimate, feel free to go to another shop for a second opinion.
To report a problem you are having with your repair shop or to file an online complaint, visit the
California Bureau of Automotive Repair. CBAR will investigate your complaint and may be able to help you by negotiating with the repair shop on your behalf.
For additional information about auto repair shops and your rights check out "
A Consumer's Guide to Auto Repair".
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