California Lemon Law: What Makes a Vehicle Legally Defective?
The following article is provided by Solum Space Law, APC for general information only and should not be taken as legal advice. Every case is unique—if you have questions about protecting your rights after an injury in Southern California, call our office for a free consultation.
Not every car problem is just a “bad day.” Some are lemons—and California law gives you the right to do something about it.
If your new (or used) vehicle keeps having serious issues, even after multiple repair attempts, you may be entitled to a refund, replacement, or cash settlement under the California Lemon Law.
What Is the California Lemon Law?
California’s Lemon Law protections are grounded in the Song-Beverly Consumer Warranty Act, with additional provisions under the Tanner Consumer Protection Act specifically aimed at defective vehicles. These rules protect consumers who purchase or lease vehicles that turn out to be defective. It applies to new and certain used vehicles that are still under the manufacturer’s warranty.
If your car has a substantial defect that the dealership or manufacturer can’t fix within a reasonable number of attempts, it may legally qualify as a lemon.
What Actually Makes a Car a Lemon?
There’s no single definition, but California courts look at a few key factors:
1. The Vehicle Has a Significant Problem
The issue must impair the use, value, or safety of the vehicle. This could include:
Transmission failures
Brake issues
Engine stalling
Electrical malfunctions
Defective airbags or seatbelts
Trivial cosmetic problems usually don’t qualify.
2. The Problem Occurs Within the Warranty Period
The defect must arise while the vehicle is still covered by the original manufacturer’s warranty—not an extended service contract or third-party warranty.
3. You’ve Given the Manufacturer a Fair Chance to Fix It
You must allow the manufacturer or its authorized repair facility a “reasonable number of attempts” to fix the problem. That typically means:
2+ repair attempts for a serious safety issue (e.g., brakes or steering), OR
4+ repair attempts for the same recurring problem, OR
30+ total days out of service for any combination of repairs
You don’t need to meet all three—any one may qualify.
Does the Lemon Law Apply to Used Cars?
Yes, if the used car:
Was purchased from a dealership, not a private party
Is still covered by the original manufacturer’s warranty (time or mileage)
Has a defect that meets the above criteria
Many certified pre-owned (CPO) vehicles also qualify, depending on the terms of the CPO warranty.
Suspect You Bought a Lemon? Here’s What to Do:
1. Keep Records – Save all repair orders, invoices, and service notes.
2. Track Repair Dates – Count how many days your vehicle has been in the shop.
3. Don’t Wait – Delays can make your case harder.
4. Contact a Lemon Law Lawyer – We’ll tell you if your situation qualifies and what to do next.
Lemon Problems? Take the First Step Toward Resolution.
Manufacturers don’t always agree that a car qualifies as a lemon—and that’s where having the right legal support matters. At Solum Space Law, we handle the entire process: communicating with the manufacturer, building the evidence, negotiating on your behalf, and taking legal action when necessary to enforce your rights.
Ready to discuss your case? Call (310) 405-0014 or complete our online form for a free, no-pressure case evaluation. Solum Space Law is here to hold manufacturers accountable, so you can move forward with confidence while we fight for the refund, replacement, or compensation you’re legally owed.
This blog is attorney advertising. The material below is presented by Solum Space Law, APC for educational purposes only and is not a substitute for tailored legal advice. Cases are fact-specific; if you have questions about the value of your claim, contact us for a complimentary consultation.
