Lemon law
The dealer keeps fixing it. It keeps breaking.
California's Song-Beverly Consumer Warranty Act is one of the strongest consumer protection statutes in the country, and it puts the manufacturer's own lawyers on the hook for your attorney's fees when you win.
The basic idea: if a vehicle still under warranty has a defect that substantially impairs its use, value, or safety, and the manufacturer has not fixed it after a reasonable number of attempts, the manufacturer owes you a repurchase or a replacement. Not another repair appointment.
What counts as a lemon
There is no single magic number of repair visits. Courts look at the seriousness of the defect, how many attempts were made, and how long the vehicle sat at the dealer. A safety defect may qualify after very few attempts. A vehicle out of service for a cumulative month or more is a strong signal.
Why the fee structure matters
Song-Beverly is fee-shifting: a prevailing buyer is entitled to recover reasonable attorney's fees and costs from the manufacturer. That is deliberate. The legislature wanted consumers to be able to hire counsel for claims that would otherwise be uneconomic. In practice it means the cost of a lawyer is not the reason to skip this.
The single most important thing
Keep every repair order. Get a written order for every visit, even the ones where they tell you nothing was found, and make sure your complaint is written down in your words. The paper trail is the case.
- Free consultation
- Manufacturer typically pays attorney's fees
- Applies to new and many used vehicles
- Repurchase, replacement, or cash settlement
- Keep every repair order
Common questions
California Lemon Law Attorney questions.
Does it have to be a new car?
No. Song-Beverly covers new vehicles and also used vehicles still covered by the manufacturer's original warranty, along with certain certified pre-owned vehicles. Leased vehicles can qualify too.
How many repair attempts does it take?
There is no fixed number in the statute. A presumption may apply in some circumstances, but outside it, courts weigh how serious the defect is and how many chances the manufacturer had. Serious safety defects require fewer attempts.
What can I actually get?
Typically a repurchase (the manufacturer buys the vehicle back, refunding what you paid less a mileage offset for your use before the problem appeared) or a replacement vehicle. A civil penalty of up to twice your actual damages is available where the manufacturer's failure to comply was willful.
What if I already sold the vehicle?
You may still have a claim. Do not assume you don't. Bring whatever records you kept.
Will this cost me anything?
The consultation is free. Song-Beverly allows a prevailing buyer to recover attorney's fees and costs from the manufacturer, so these cases are generally handled without an out-of-pocket fee from you. The specifics are in the written fee agreement.
Not sure if you have a claim?
That is exactly what a free consultation is for. Call (310) 598-9614 or send a short message.
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