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  • How to File a Lemon Law Claim in California

How to File a Lemon Law Claim in California

TL;DR: If your car has a substantial defect that the manufacturer can’t fix after a reasonable number of attempts, Californiaโ€™s Lemon Law may entitle you to a refund or replacement. Act within four years, keep repair records, and speak with an attorney early.A woman on her phone after finding out her broken is a lemon.

What Is Californiaโ€™s Lemon Law?

The Song-Beverly Consumer Warranty Act (California Civil Code ยงยง 1792.1โ€“1793.22) protects consumers who purchase or lease defective vehicles. If your new or used car (under warranty) cannot be fixed after a reasonable number of repair attempts, you may be eligible for compensationโ€”including a refund or replacement vehicle.

Does Your Car Qualify?

  • Vehicle is primarily for personal, family, or household use
  • Purchased or leased in California
  • Covered by a manufacturerโ€™s warranty
  • Defect impairs use, value, or safety
  • Manufacturer failed to fix the problem after a reasonable number of attempts

Common Examples of Lemon Law Cases

  • Repeated brake failure
  • Transmission defects
  • Electrical system malfunctions
  • Steering issues
  • Engine stalling or overheating

Step-by-Step: How to File a Lemon Law Claim

  1. Document the Problem: Keep detailed repair invoices and notes from every visit to the dealership or mechanic.
  2. Final Repair Attempt: Give the manufacturer one last chance to fix the issue (written request recommended).
  3. Request a Buyback or Replacement: Contact the manufacturer to request Lemon Law reliefโ€”refund or vehicle replacement.
  4. File a Complaint: You may pursue arbitration (voluntary) or file a civil lawsuit.
  5. Talk to a Lemon Law Attorney: Legal representation strengthens your case and increases your chance of maximum recovery.

Lemon Law Document Checklist

  • Purchase or lease agreement
  • Repair orders and receipts
  • Manufacturerโ€™s warranty documents
  • Correspondence with the dealership or manufacturer
  • Odometer readings at each repair

California Lemon Law Deadlines

You must file your claim within four years of the date you knew (or should have known) your vehicle was a lemon. Donโ€™t waitโ€”missing the deadline can cost you your rights.

What Can You Recover?

  • Refund of purchase price (minus a mileage offset)
  • Replacement vehicle of equal value
  • Incidental costs (registration, taxes, towing)
  • Attorneyโ€™s fees and court costs

FAQ

Do I have to go through arbitration?
No. Arbitration is voluntary under Californiaโ€™s Lemon Law.
Can I file a claim for a used car?
Yes, if itโ€™s still under the manufacturerโ€™s warranty and meets Lemon Law criteria.
How many repair attempts qualify?
Typically two or more for a serious safety defect, or four or more for less serious issues.
Will I owe money if I lose?
No. WCTL works on a contingency fee basisโ€”you donโ€™t pay unless we win.
What if my warranty expired?
You may still qualify if the issues occurred while the warranty was active. Speak to a lawyer.

Need Help? Weโ€™re Here for You

If your car feels like a ticking time bomb, donโ€™t wait for another breakdown. Contact West Coast Trial Lawyers today for a free consultation. Weโ€™ve helped clients recover thousands in Lemon Law claimsโ€”and weโ€™re ready to help you too.

Breathing Exercise - Inhale 4 seconds, hold, exhale 4 seconds

Attorney: Neama Rahmani, Esq.
President, West Coast Trial Lawyers
California Bar License #223819
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This article is for informational purposes only and does not constitute legal advice. Case outcomes vary based on specific facts and circumstances.




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