Key legal terms you'll encounter during a California Lemon Law case, explained in plain language.
Song-Beverly Consumer Warranty Act California's primary lemon law statute (California Civil Code Sections 1790-1795.8). It requires manufacturers to repurchase or replace defective vehicles that cannot be repaired after a reasonable number of attempts. Read our full guide.
Substantial Impairment A legal standard requiring that the vehicle defect significantly impairs the vehicle's use, value, or safety. Minor cosmetic issues typically don't qualify, but problems affecting driveability, reliability, or resale value do. Reasonable Number of Repair Attempts Under California law, this generally means 2+ attempts for safety defects, 4+ attempts for other substantial defects, or 30+ cumulative days out of service for warranty repairs. Learn more about repair attempt thresholds. Mileage Offset A deduction the manufacturer can take from your refund based on the miles you drove before the first repair attempt. The formula is: (purchase price × miles at first repair) ÷ 120,000. See the full mileage offset calculation. Cash-and-Keep Settlement A resolution where you receive a cash payment from the manufacturer but keep your vehicle. This is common when the defect is annoying but the owner still wants the car. Learn about cash-and-keep settlements.
Buyback A lemon law remedy where the manufacturer repurchases your vehicle. You receive a refund of the purchase price, taxes, registration, and incidental costs, minus a mileage offset. Tanner Consumer Protection Act California Civil Code Section 1793.22. This law establishes the presumption that a vehicle is a lemon if certain repair attempt thresholds are met, and extends some protections to used vehicles. Read our Tanner Act guide.
Rebuttable Presumption A legal assumption that your vehicle is a lemon once repair attempt thresholds are met. The manufacturer can try to "rebut" (disprove) this presumption, but the burden shifts to them to show the vehicle is not defective.
Incidental Damages Additional costs you incurred because of the defective vehicle, such as towing fees, rental car costs, ride-share expenses, repair costs, and lost wages. These can be recovered in a lemon law claim.
Implied Warranty of Merchantability A legal guarantee that a product will work for its intended purpose. In the context of vehicles, this means the car must be safe and reliable for normal use. California dealers cannot sell vehicles "as is" — they must provide an implied warranty.
Express Warranty A written warranty provided by the manufacturer that covers specific defects for a defined period (e.g., 3 years/36,000 miles bumper-to-bumper). This is the primary warranty that triggers lemon law protection. Statute of Limitations The time limit for filing a legal claim. In California, the statute of limitations for lemon law claims is generally four years from discovery of the defect. Learn about time limits for filing.
Civil Penalty Under the Song-Beverly Act, if the manufacturer willfully violated the law (e.g., refused to repurchase despite clear evidence), you may be entitled to a civil penalty of up to two times the actual damages.
Certified Pre-Owned (CPO) A used vehicle that has been inspected and certified by the manufacturer, typically with an extended manufacturer's warranty. CPO vehicles are fully covered under California's Lemon Law.
Technical Service Bulletin (TSB) A document issued by a manufacturer to dealerships describing known defects and recommended repair procedures. TSBs are strong evidence in lemon law cases because they show the manufacturer knew about the problem.
NHTSA The National Highway Traffic Safety Administration. This federal agency tracks vehicle complaints, investigates defects, and orders recalls. NHTSA complaint data can support your lemon law case.
Diagnostic Trouble Code (DTC) A code stored by your vehicle's computer when a system malfunction is detected. DTCs are critical evidence in lemon law cases — always ask the dealer to include them on your repair order.
Out of Service Days Calendar days your vehicle spent at the dealer for warranty repairs. Under California law, 30+ cumulative out-of-service days creates a presumption that your vehicle is a lemon. Days waiting for parts or in the service queue count.