If you’ve bought or leased a vehicle in California and it’s been in the shop more than it’s been on the road, you’re probably wondering what rights you have—and what obligations the manufacturer has. The good news? California has one of the strongest consumer protection laws in the country when it comes to defective vehicles. The California Lemon Law holds car manufacturers accountable when they sell or lease a vehicle that doesn’t meet quality and performance standards.
In this post, we’ll break down the manufacturer obligations under California Lemon Law, so you know exactly what to expect if you find yourself stuck with a lemon.
What Is California Lemon Law?
The Song-Beverly Consumer Warranty Act, commonly known as California Lemon Law, protects consumers who buy or lease new (and in some cases, used or certified pre-owned) vehicles that turn out to be defective. If your car has a substantial defect that the manufacturer can’t fix after a “reasonable” number of attempts, they are legally required to make things right.
This law applies to vehicles still under the manufacturer’s warranty and includes cars, trucks, SUVs, vans, and certain business vehicles.
What Are Manufacturer Obligations Under California Lemon Law?
Car manufacturers don’t just have a moral duty to stand behind their products—they have legal obligations. Here’s what those look like in practice.
1. Repair Attempts Within a Reasonable Timeframe
The first obligation is giving the manufacturer or its authorized dealership a fair shot at fixing the problem. If your vehicle has a defect that affects its safety, use, or value, California law gives the manufacturer multiple opportunities to repair it. But they can’t drag this out forever.
The Lemon Law doesn’t define an exact number of repair attempts, but here’s a general guideline:
- Two or more attempts for a serious safety defect (like brake failure).
- Four or more for less critical but still substantial defects.
- Or, the vehicle has been out of service for 30 or more days (cumulative) for any repairs.
After this point, the manufacturer must offer a remedy.
2. Buyback or Vehicle Replacement
If the manufacturer can’t fix the defect after a reasonable number of tries, you’re entitled to one of two remedies: a buyback or a replacement vehicle.
Buyback
In a buyback, the manufacturer must refund:
- Your down payment
- All monthly payments
- Registration fees
- Taxes
- Towing and rental costs, if related to the defect They can deduct a mileage offset for the time the car was trouble-free, but the rest is yours.
Replacement
If you opt for a replacement, the manufacturer must provide a vehicle of similar value and type, including similar features and warranties. They must also cover any fees and taxes for the swap.
The choice between buyback and replacement is up to the consumer—not the manufacturer.
3. Covering Incidental Costs
Manufacturers also have a duty to reimburse you for incidental expenses caused by the lemon. That includes things like:
- Rental car fees while your car was in the shop
- Towing charges
- Diagnostic fees (if paid out of pocket)
If you had to pay anything extra because of the defect, you may be entitled to reimbursement.
4. Acting in Good Faith
California law requires that manufacturers act in good faith when handling lemon claims. That means:
- No stonewalling or unnecessary delays
- No pushing consumers toward unfair settlements
- No misleading consumers about their rights
Unfortunately, many manufacturers and dealerships do try to dodge their responsibilities. That’s why legal support is often necessary to enforce your rights.
Common Ways Manufacturers Fail Their Duties
Knowing your rights is important because manufacturers don’t always do the right thing on their own. Here are some ways they might fall short of their legal duties under California Lemon Law:
- Delaying repairs without justification
- Misrepresenting your warranty coverage
- Refusing to repurchase or replace a clearly defective vehicle
- Blaming the customer for the defect
- Offering a lowball settlement far below what the law requires
If you’re experiencing any of these tactics, it’s a sign to bring in legal help immediately.
What Vehicles Are Covered?
The manufacturer’s obligations we’re discussing apply to:
- New vehicles bought or leased in California
- Used vehicles still under a manufacturer’s new car warranty
- Certified Pre-Owned vehicles, depending on warranty coverage
- Business vehicles (if your company has 5 or fewer registered vehicles)
Motorcycles and RVs are only partially covered, so the rules may differ.
How Long Do Manufacturer Obligations Last?
The Lemon Law applies as long as your vehicle is under the original manufacturer’s warranty. That means even if the defect shows up toward the end of the warranty period, the manufacturer is still on the hook to make it right.
You also have four years from the date you first discover the defect to file a Lemon Law claim—so don’t wait too long.
What You Can Expect From the Process
Once you file a lemon law claim, the manufacturer is required to investigate and respond. If you’ve met the requirements, they must:
- Offer to buy back or replace the vehicle
- Reimburse you for incidental costs
- Pay for your attorney fees, if you win the case
Yes, you read that right—the manufacturer pays your legal fees if your claim is valid. That means there’s often no out-of-pocket cost to pursue a lemon law case.
Final Thoughts
If your car keeps breaking down and the dealership can’t seem to fix it, you may be driving a lemon—and the manufacturer is legally responsible for making it right. California Lemon Law puts the pressure on carmakers to fix the problem fast—or pay up.
Don’t let a manufacturer dodge their obligations. You deserve a safe, working vehicle. At Seven Law, we fight to hold manufacturers accountable and get our clients the compensation they’re owed.
Think You Might Have a Lemon? Let’s Find Out.
Contact Seven Law today for a free case review. We’ll help you understand your rights, evaluate your claim, and guide you every step of the way. There’s no fee unless we win.