What is the requirement to trigger lemon law statutes in California?
Under California law, the Lemon Law—codified at Cal. Civ. Code § 1793.22 (the Tanner Consumer Protection Act)—is triggered when a new or warrantied vehicle has a substantial defect covered by the manufacturer’s express warranty that cannot be repaired after a “reasonable number” of attempts.[1] The law applies to new and certain used vehicles sold with the manufacturer’s new vehicle warranty, including cars, trucks, SUVs, and the drivetrain components of motorhomes.[1]
Legal Framework
Issue: When does the California Lemon Law apply to a vehicle?
Rule: A vehicle qualifies as a “lemon” when it fails to conform to the manufacturer’s warranty after a reasonable number of repair attempts, as defined under Cal. Civ. Code § 1793.22(b). This section establishes a presumption of a reasonable number of attempts if any of the following occur within 18 months or 18,000 miles (whichever comes first):
- (1) The defect is likely to cause death or serious bodily injury and has been subject to repair two or more times after the manufacturer was notified.[2]
- (2) The same nonconformity has been subject to repair four or more times after notice to the manufacturer.[2]
- (3) The vehicle has been out of service for more than 30 cumulative days for warranty repairs.[1]
Application: For the Lemon Law to apply, the owner must first provide direct notice to the manufacturer of the defect and the need for repair.[2] The defect must substantially impair the use, value, or safety of the vehicle. Once the presumption arises, the manufacturer must repurchase or replace the vehicle, at the consumer’s election, in compliance with Cal. Civ. Code § 1793.2(d)(2).[2]
Conclusion: The Lemon Law is triggered when a vehicle, covered by a new vehicle warranty, exhibits a warranty defect that cannot be corrected after a reasonable number of repair attempts within 18 months or 18,000 miles. Once these conditions are met, the manufacturer is obligated to offer either a repurchase or replacement remedy under the statute.