Consumer Protection · Lemon Law
Lemon Law in California
How many repair attempts and days out of service before California presumes your vehicle is a lemon — and whether used cars are covered.
presumption trigger (same defect)
Do I meet the California lemon presumption?
Enter your repairs and downtime. This checks the presumption — it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in California
The prongs that shift the burden to the manufacturer.
The Tanner Act calls this a "rebuttable presumption affecting the burden of proof" — meeting the numbers shifts the burden to the manufacturer; it is not an automatic win, and you may still qualify with fewer attempts if a reasonable number is otherwise shown.
Every state — California included — writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories California falls in.
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 4 |
| Serious-safety attempts | 2 |
| Days out of service | 30 calendar days |
| Coverage window | 18 months or 18,000 miles from delivery (whichever comes first) |
| Used cars | Used covered while under original warranty |
| Leased vehicles | Covered |
| Statute | Cal. Civ. Code §1793.22 (Tanner Act); §1795.5 (used goods) |
What California car buyers get wrong
California is the most famous lemon-law state, and the number people remember — four repair attempts — is real, but it is a presumption, not a guarantee. Under the Tanner Consumer Protection Act (Civil Code §1793.22) the law presumes a "reasonable number of repair attempts" once you hit 4 attempts on the same defect, 2 attempts on a defect likely to cause death or serious bodily injury, or 30 days out of service, all within 18 months or 18,000 miles. Hitting those numbers shifts the burden onto the manufacturer to prove the car is not a lemon — it does not mean you automatically win, and conversely you can sometimes qualify with fewer attempts if the repairs were plainly unreasonable. Used cars are a common point of confusion: California has no dedicated used-car lemon law, so a used vehicle is covered only while it is still under the original manufacturer warranty or was sold with a written dealer warranty under §1795.5.
Common questions
How many repair attempts before a car is a lemon in California?
The law presumes a lemon after 4 attempts on the same defect, or 2 attempts on a defect likely to cause death or serious bodily injury, or 30 days out of service — all within 18 months or 18,000 miles. It is a rebuttable presumption, so meeting the number shifts the burden to the manufacturer rather than guaranteeing you win.
Does California’s lemon law cover used cars?
Only indirectly. California has no standalone used-car lemon law. A used vehicle is covered only if it is still under the original manufacturer warranty or the dealer sold it with a written warranty (§1795.5). Sold "as is," it is not covered.
Is the California lemon-law presumption a guarantee I qualify?
No. The Tanner Act creates a rebuttable presumption affecting the burden of proof. Meeting 4 attempts / 2 safety attempts / 30 days shifts the burden to the manufacturer to disprove the lemon — it is not an automatic verdict, and this page is legal information, not legal advice.
Are leased vehicles covered by California’s lemon law?
Yes. The statute protects a "buyer or lessee," so vehicles leased for personal use are covered on the same terms as purchased vehicles.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.