California's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for California (Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1793.2 and 1793.22 (Tanner Consumer Protection Act)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

The Department of Consumer Affairs lists as covered: cars, pickup trucks, vans and SUVs; the chassis, chassis cab and drive train of a motor home; dealer-owned vehicles and demonstrators; and vehicles bought or leased for personal, family or small-business use (fleet under 5 vehicles and under 10,000 lb). They must come with the manufacturer's new-vehicle warranty; a used car counts if that warranty was issued with the sale. The defect must be covered by the warranty and substantially impair use, value or safety. The Attorney General adds that a full-time active-duty member of the Armed Forces stationed or residing in California at the time of purchase or lease is protected even if the vehicle was bought or registered outside California.

Rights period: The presumption applies if the problem first occurs within 18 months or 18,000 miles from delivery, whichever comes first. Beyond that the law still applies while the manufacturer's warranty lasts, but without the presumption.

When it is presumed a lemon

Four or more unsuccessful attempts to repair the same problem; or two or more attempts if the defect could cause death or serious injury; or more than 30 total days in the shop for warranty problems. If the manual or warranty requires it, you must notify the manufacturer in writing.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

There are three paths today, depending on the manufacturer. 1) Manufacturers who opted into AB 1755 / SB 26: a 30-day written notice before suing, fixed response deadlines, and binding arbitration only over attorney's fees. 2) Manufacturers with a free state-overseen arbitration program (the Department of Consumer Affairs' ACP): to invoke the presumption you must request that arbitration if one exists, and you can accept or reject the arbitrator's decision; decisions typically come within about 40 days. 3) If the maker has no program, there is New Motor Vehicle Board mediation or a court case. The Department of Consumer Affairs publishes which manufacturers are on which path.

Who handles it: California Department of Consumer Affairs — Arbitration Certification Program (ACP); New Motor Vehicle Board (mediación).

Hotline: ACP (916) 574-7350 · DCA 800-952-5210 · New Motor Vehicle Board (916) 445-1888.

What you get if you win

Replacement or refund of the price, at the consumer's choice. The manufacturer must act promptly. The repurchased car is branded "Lemon Law Buyback" with a door decal.

What it does not cover

Used cars without the manufacturer's new-vehicle warranty; defects from unauthorized or unreasonable use; fleets of 5 or more vehicles or 10,000 lb or more; the living quarters of motor homes (only chassis and drivetrain are covered).

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In California: Since October 1, 2026 the California Combating Auto Retail Scams (CARS) Act, SB 766 (Civ. Code §§1784.20–1784.44; VC §§11705, 11713), applies to licensed dealers in retail sales or leases of light-duty vehicles under 10,000 lb. You no longer have to buy the 2-day cancellation option: the dealer must give you, at no cost, an automatic 3-business-day right to cancel on a used car priced at $50,000 or less, subject to mileage and condition limits. The dealer must also disclose the total price in any advertisement naming a specific car and in its first written communication with you, cannot misrepresent price, financing or add-ons, must tell you in writing (12-point type minimum) that every add-on is optional, and cannot sell add-ons with no real value. It must still show you an NMVTIS report, cannot sell a branded or "AS IS" car under a quality-inspection program, and if it finances you it must give you your credit score and explain how it was used. Complaints: DMV Division of Investigations and the Attorney General.