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Tesla Lemon Law in California
Lemon Law

Tesla Lemon Law in California

Electric vehicles raise defect patterns the lemon law was not originally written around — but they are covered all the same.

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A Tesla bought or leased in California is covered by the Song-Beverly Consumer Warranty Act on the same basis as any other vehicle. What differs is the nature of the defects: battery degradation, charging faults, software regressions and driver-assistance malfunctions rather than the mechanical failures the statute was drafted around.

Those differences change how a claim is documented, not whether it exists.

Defect Patterns in Electric Vehicles

Issues we see in EV matters include:

  • Battery and range — capacity loss well beyond normal degradation, or range materially below what was represented
  • Charging faults — failure to charge, charge port failures, or sharply reduced charging speed
  • Software — updates that introduce faults, disable features, or fail to fix a recurring problem
  • Driver assistance — phantom braking, unexpected disengagement, sensor and camera failures
  • Drive units and motors — noise, vibration, loss of power
  • Touchscreen and control systems, where a failure disables vehicle functions
  • Doors, handles and body fitment, where water intrusion or entry failure results

The Documentation Problem With Software Repairs

This is the practical difference that matters most. Where a conventional repair produces a physical work order, EV repairs are often performed remotely by over-the-air update, or resolved in a mobile service visit that generates little paperwork.

A repair attempt you cannot document is difficult to rely on. So:

  • Request a written service record for every interaction, including mobile and remote service
  • Keep in-app service communications — screenshot them if necessary
  • Note the date and software version when a problem appears or returns after an update
  • Record range and charging figures over time where degradation is the complaint
  • Log days the vehicle was unavailable, including waits for parts — cumulative days out of service count

Our article on EV and hybrid battery warranties covers the battery-coverage question in more detail.

Service Delays and the 30-Day Rule

One provision applies with particular force to EVs. Where a vehicle is out of service for repair for more than 30 cumulative days within the first 18 months or 18,000 miles, the statutory presumption applies.

Parts availability and service scheduling have produced long waits for some EV owners. Those days count. If your vehicle has spent weeks waiting on parts or an appointment, that alone may support a claim — which is why keeping a simple dated log is worth the small effort.

What You May Recover

The remedies are the standard ones: a repurchase returning what you paid toward the vehicle less the statutory mileage offset, a replacement vehicle, or a cash-and-keep settlement. A civil penalty of up to twice actual damages may apply where the manufacturer’s refusal was willful, and the manufacturer generally pays a prevailing consumer’s attorney fees.

Estimate a repurchase with the buyback calculator.

Questions & Answers

Frequently Asked Questions

Does the California lemon law apply to Tesla vehicles?

Yes. A Tesla bought or leased in California with a manufacturer’s warranty is covered on the same basis as any other vehicle.

Does a software update count as a repair attempt?

It can, where it was an attempt to address a defect you reported. The difficulty is evidential rather than legal — remote and over-the-air repairs often generate little paperwork, so request a written service record every time.

Is battery degradation covered?

Gradual capacity loss is expected and generally not a defect on its own. Loss well beyond normal degradation, or range materially below what was represented, is a different matter and may support a claim.

My car has been waiting weeks for parts. Does that count?

Potentially, yes. More than 30 cumulative days out of service for repair within the first 18 months or 18,000 miles triggers the statutory presumption, and waits for parts can contribute to that total.

What about Autopilot or Full Self-Driving problems?

Malfunctions in driver-assistance systems can support a claim where they substantially impair the vehicle’s use, value or safety. Phantom braking and unexpected disengagement are the complaints we see most often.

Why Choose The Hashemi Law Firm

  • No fee to get started — every case begins with a free, no-obligation evaluation.
  • Often no fee to you — in lemon law cases the manufacturer typically pays your attorney’s fees, and injury cases are handled on contingency.
  • Direct attorney access — you work with Babak Hashemi personally, not a call center.
  • Two California offices, statewide service — Orange County (Foothill Ranch and Costa Mesa), representing clients across the state.
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