Work through the checklist below. If most of it sounds like your situation, it is worth having reviewed.
People usually arrive at this question after the third or fourth trip to the dealership, when the same problem keeps coming back and the answers stop making sense. Here is a straightforward way to assess whether California’s lemon law is likely to apply.
1. Was the vehicle bought or leased in California, with a manufacturer’s warranty?
New and used vehicles both qualify, provided a manufacturer’s warranty was in force. A private-party sale with no warranty generally is not covered.
2. Does the defect substantially impair use, value or safety?
Stalling, brake failure, transmission slipping, electrical faults that disable the vehicle, persistent warning lights, water intrusion, EV battery or charging failures — these clear the bar. A single cosmetic blemish generally does not.
3. Has the manufacturer had a fair chance to fix it?
Roughly: four or more attempts at the same defect, or two or more if the defect could cause serious injury, or more than 30 cumulative days in the shop. These are presumption thresholds, not hard requirements.
4. Do you have the paperwork?
Repair orders are the evidence. Even “no problem found” visits count, so long as you have the order.
Even here there are exceptions — notably where a dealer concealed prior damage at the point of sale, which can support a different claim entirely.
Three practical steps, in order:
To see roughly what a buyback might be worth, use the buyback calculator. If you are worried about timing, read California lemon law time limits.
Broadly: the vehicle carries a manufacturer’s warranty, it has a defect that substantially impairs use, value or safety, and the manufacturer has failed to repair it after a reasonable number of attempts. Repair orders documenting the history are what turn that into a provable claim.
That does not defeat a claim. A visit where nothing was found still documents a repair attempt, which is why you should obtain a repair order every time regardless of the outcome.
It can. For a defect likely to cause death or serious injury the presumption applies after only two repair attempts, so a single serious safety defect can support a claim quickly.
It can, where a manufacturer’s warranty was still in force, the dealer provided a written warranty, or the vehicle was sold as certified pre-owned. See used car lemon law in California.
Nothing. The evaluation is free, and in a successful lemon law claim the manufacturer generally pays the attorney fees.
Send us the repair orders and your purchase contract. We will give you a straight answer at no cost.