Answer FileConsumer Protection

How does a California lemon law claim work, start to finish?

The answer, cited

Document every repair visit, give the manufacturer its reasonable number of attempts, then demand a repurchase or replacement under Civil Code section 1793.2(d). Manufacturers often respond to a documented demand; if not, suit follows, with the four-year clock of Commercial Code section 2725 running in the background.

A lemon claim is won at the service department before any lawyer is involved. Present the vehicle to an authorized dealer for every problem while under warranty, describe symptoms consistently, and keep each repair order — the documents that prove the defect, the attempts, and the days out of service. Once the manufacturer has had a reasonable number of attempts (aided by the presumption of Civil Code section 1793.22 within the first 18 months or 18,000 miles), the Song–Beverly Act obligates it to repurchase or replace the vehicle under Civil Code section 1793.2(d): price and collateral charges back, minus a statutory mileage offset for use before the first repair attempt of the defect. The demand goes to the manufacturer, not the dealer; some run state-certified arbitration programs a buyer may, but need not, use before suing. Litigation adds the civil penalty for willful violations and fee-shifting under section 1794. Claims generally must be brought within the four-year period of Commercial Code section 2725.

Authority: Cal. Civ. Code § 1793.2(d)

Source: Cal. Civ. Code § 1793.2(d) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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