The Four Elements of a California Lemon
Every valid California lemon law claim has four moving parts. Miss one and you do not have a case. Hit all four and the Song-Beverly Consumer Warranty Act, Civil Code sections 1790 through 1795.8, treats you as entitled to a buyback, replacement, or cash settlement, and routes your attorney fees to the manufacturer.
Element 1: A Written Warranty
Song-Beverly applies to any consumer good sold with a written warranty. For vehicles that means the New Vehicle Limited Warranty, the powertrain warranty, an emissions warranty, a Certified Pre-Owned warranty, an independent dealer warranty issued at sale, or any balance-of-warranty that transfers to a second owner. If the vehicle was sold "as is" with no written warranty, Song-Beverly generally does not apply, although implied warranties may still be in play for in-state dealer sales under Civil Code 1791.1.
Element 2: A Nonconformity
The statute uses the term "nonconformity" to mean any defect that substantially impairs the use, value, or safety of the vehicle to the buyer. It is not "any small annoyance." It is also not "catastrophic failure." Courts have held the following as qualifying nonconformities:
- Engine stalling and no-start conditions
- Transmission harsh shifts, flares, and torque-converter shudder
- Brake system defects including phantom braking
- Steering pull, wander, and electric power steering faults
- Persistent electrical faults, warning lights, and ECU resets
- HVAC failures and water intrusion
- Infotainment and instrument cluster failures
- EV battery degradation outside expected tolerance
- Paint defects that expose sheet metal or recur after correction
- Door, trunk, or frunk closure failures
Element 3: A Reasonable Number of Repair Attempts
Civil Code 1793.22(b) creates the 2/4/30 presumption: two attempts for safety defects, four attempts for the same nonconformity, or 30 cumulative days out of service within 18 months or 18,000 miles. Outside those numbers, reasonableness is a factual question decided case by case. See our full breakdown at how many repair attempts California lemon law requires.
Element 4: Failure to Conform
The manufacturer must have failed to bring the vehicle into conformance with the warranty after the repair attempts. "Could not duplicate" entries do not defeat your claim; they are part of it. Temporary fixes that break again are failures. OTA updates that do not resolve the defect are failures. The test is functional, not procedural.
Not Sure If You Qualify?
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Vehicles That Qualify
- New cars, trucks, SUVs, and vans purchased or leased in California with a written warranty.
- Used vehicles sold with a manufacturer-backed CPO warranty, a remaining balance of the original warranty, or an independent dealer warranty.
- Leased vehicles, including lease assumptions and early lease terminations.
- Electric vehicles from Tesla, Rivian, Lucid, Ford Lightning, Chevy Bolt and Blazer EV, Hyundai, Kia, and legacy OEM EVs.
- Motorhome chassis and drive systems, with coach-only issues covered by coach manufacturer warranties.
- Small-business vehicles under 10,000 pounds GVWR registered to a business with five or fewer vehicles (Civil Code 1793.22(e)(2)).
Vehicles That Do Not Qualify
- Off-road-only vehicles, boats, aircraft.
- Vehicles sold strictly "as is" with no written warranty.
- Commercial vehicles above 10,000 pounds GVWR not covered by the statute's small-fleet exception.
- Gray-market imports not certified for California emissions.
What You Get If You Qualify
- Buyback: full refund, itemized under Civil Code 1793.2(d)(2)(B). See our buyback calculator.
- Replacement vehicle at no additional charge.
- Cash-and-keep settlement for defects already repaired.
- Civil penalty up to 2x actual damages for willful conduct.
- Attorney fees paid by the manufacturer.
Related Reading
Frequently Asked Questions
Does my car have to be under warranty now?
No. The defect must have first appeared during the warranty period. Claims remain viable after warranty expiration.
Do aftermarket modifications disqualify me?
Only if the manufacturer proves the modification caused the defect. Unrelated modifications do not bar a claim.
What about private-party purchases?
Private-party sales usually lack a written warranty, which is the Song-Beverly trigger. However, a balance of the original manufacturer warranty can preserve the claim against the manufacturer.