How does lemon law work? Your rights when repairs fail

How does lemon law work for your car?

The first step is a call with your repair orders in hand. An attorney reads them against your state's rule. Here is what that rule checks.

A lemon has a defect that hurts its use, value or safety, covered by the maker's warranty. Brakes, steering, the engine, the transmission and the electrics usually count. A rattle in the glovebox rarely does.

Most states also set a window for when the defect first appears, often 12 to 24 months after delivery. Most states count 3 or 4 repair tries for the same defect, or 30 days in the shop. In California, a defect in the first 18 months or 18,000 miles creates a presumption that the car is a lemon.

Repair attempts and days in the shop

Most states set a count of visits for one problem, often 3 or 4. A defect that could cause a crash usually needs fewer. A car can also reach the rule by time in the shop, often 30 days in total.

Most states count 3 or 4 repair tries for the same defect, or 30 days in the shop.

Deadlines

Two clocks run. The first is the window when the defect must show up. The second is the deadline to file, which in some states ends a year or two after the window. Some states also want written notice to the maker before the last repair.

California added a step in 2025. Under SB 26, a carmaker can opt into a process where you send a written demand at least 30 days before suing, per the state consumer affairs page.

What you get back

The usual result is a refund or a new car. A refund covers the price, minus a charge for the miles you drove. Many cases settle as cash while you keep the car. Try the buyback calculator.

When state law does not fit, the federal warranty law can. A full warranty must offer "either a replacement or a full refund" after a reasonable number of tries, per the FTC guide.