California lemon law: when a new car is a lemon

The California presumption starts at 4 attempts on the same defect, or 2 attempts for a serious safety defect, or more than 30 calendar days out of service in total, within 18 months or 18,000 miles, whichever comes first. Meeting a test creates a presumption, which the manufacturer can still contest before the program or the court. Count each visit with its repair order, and keep every order with its dates.

New vehicles sold in California, including demonstrators; the presumption is a guide, not an absolute rule. Used cars: Used cars sold with a manufacturer’s new-car warranty can fall under Song-Beverly (not modeled here). A used car sold with the rest of the manufacturer’s warranty still carries that warranty, which federal law enforces even where the state lemon law stops. Leases are covered where the text names lessees.

If the manufacturer has a state-certified third-party dispute program and disclosed it, you must use it before relying on the presumption in court. Under the federal rule, 16 CFR Part 703, a manufacturer program that a warranty requires you to use first must decide within 40 days, and its decision does not bind you if you go to court afterwards. The warranty booklet names any program the manufacturer offers.