The short answer: a vehicle sold with a written warranty that the manufacturer cannot fix after a reasonable number of attempts. The long answer matters, because each of those elements has a California Civil Code definition that determines whether you get a full statutory buyback.
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.
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.
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:
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.
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.
Free case evaluation. Bring your repair orders and sales contract and we will tell you in plain language whether the statute covers you.
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.
Free consultation. No fee unless we win. Manufacturer pays your attorney fees under Civil Code 1794(d).