The most common California Lemon Law questions from consumers fall into seven categories: whether a specific vehicle qualifies, who is liable (dealer vs. manufacturer), how out-of-state and private-party purchases are treated, how recalls interact with lemon claims, how the Song-Beverly Act differs from a generic breach-of-warranty claim, and what happens when the warranty has expired. Each answer below is written by a California lemon law attorney and links to a deeper explanation. The free-consultation page invites you to send your specific facts for evaluation — typical response time is one business day, and no fee applies unless we win.
Is My Car a Lemon Under California Law?
The three-question self-check: (1) was there a manufacturer warranty when the problem started; (2) does the defect substantially impair use, value, or safety; (3) has the manufacturer had a reasonable number of repair attempts. The Tanner thresholds shortcut the third question.
Dealer vs. Manufacturer Liability
Song-Beverly liability falls on the manufacturer for warranty breach, not the dealer. The dealer may still be liable separately for misrepresentation, fraud, or breach of an independent dealer warranty.
Out-of-State Purchase
Vehicles purchased out of state can qualify when registered and primarily used in California by a California resident. Four-factor analysis explained.
Private Party Purchase
Private-party purchases qualify when the manufacturer’s original warranty was still in effect at the time of the private sale. The new owner inherits Song-Beverly rights against the manufacturer.
Recalls and Lemon Law
A recall does not eliminate a lemon law claim — it strengthens it. Recall repairs count as attempts, and the manufacturer’s public acknowledgment of the defect supports civil-penalty exposure.
Lemon Law vs. Breach of Warranty
The Song-Beverly Act is the specialized, stronger version of California breach-of-warranty law. Side-by-side comparison with generic UCC breach-of-warranty.
What If My Warranty Has Expired?
Warranty expiration does not automatically bar a claim. The key question is whether the defect first manifested and was reported during the warranty period.
Don’t See Your Question?
Send your facts. A McMillan Law Group attorney will answer your specific question in a free consultation. No fee unless we win.