Lemon Law
Civ. Code 1793.22 — within 18 months or 18,000 miles, four repairs, two for a deadly defect, or 30 days out of service
When a manufacturer cannot repair a new motor vehicle to conform to its express warranty after a reasonable number of attempts, it promptly replaces the vehicle or makes restitution. The buyer may choose restitution and can never be made to accept a replacement.
| A reasonable number of attempts is presumed when, within 18 months or 18,000 miles | And |
|---|---|
| A reasonable number of attempts is presumed when, within 18 months or 18,000 milesA defect likely to cause death or serious bodily injury has been repaired two or more times | AndThe buyer has at least once notified the manufacturer directly |
| A reasonable number of attempts is presumed when, within 18 months or 18,000 milesThe same defect has been repaired four or more times | AndThe buyer has at least once notified the manufacturer directly |
| A reasonable number of attempts is presumed when, within 18 months or 18,000 milesThe vehicle has been out of service for repairs more than 30 calendar days in total | And |
What restitution covers. Restitution is the actual price paid or payable, with transportation and factory options, sales tax, license and registration fees, and incidental damages such as reasonable repair, towing and rental costs, less an amount for the buyer's use before first bringing the vehicle in for the problem.
The direct notice to the manufacturer is required only if the manufacturer clearly disclosed the requirement with the warranty or owner's manual.
Sources for this section (2)
- Civ. Code 1793.2 — Manufacturer's duties under express warranties, including replacement or restitution
- Civ. Code 1793.22 — Tanner Consumer Protection Act: presumption of a reasonable number of attempts
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.