Car Buy-Back (Lemon Law) Program in California
If your vehicle has repeated defects, California lemon law may entitle you to a full buy-back from the manufacturer. Here's exactly how the process works.
Quick Reference
Governing Statute
Song-Beverly Consumer Warranty Act (CA Civil Code §1793.2)
California Song-Beverly Act gives strongest manufacturer buy-back rights in the US. Applies to new vehicles + CPO with express warranty.
Eligibility Window
18 months / 18,000 miles for presumption; longer if defect continues
Song-Beverly's "lemon presumption" applies in first 18 months / 18K miles. Even after, manufacturers must repair or buy back if defect substantially impairs use/value/safety.
Repair Attempt Threshold
4+ attempts OR 30+ cumulative days out of service
4 repair attempts on same defect (2 for safety-critical) OR 30 cumulative days out of service triggers the lemon law presumption.
Buy-Back Amount
Full purchase price + sales tax + DMV fees - usage offset
CA buy-back = full price minus mileage-based usage offset. Formula: (miles before first repair / 120,000) × purchase price = usage offset.
Arbitration Process
Manufacturer arbitration available but NOT required to sue
California consumers can go straight to court without arbitration. Manufacturer arbitration is OPTIONAL — many consumers use it as a fast first step.
Resale Disclosure After Buy-Back
Strict — branded "Lemon Law Buyback" on title; manufacturer must disclose at resale
CA-branded "Lemon Law Buyback" title MUST be disclosed at every subsequent sale under Civil Code §1793.23. Failure = CLRA claim.
California Standout Rule
Frequently Asked Questions
What law governs car buy-back in California?
Song-Beverly Consumer Warranty Act (CA Civil Code §1793.2). California Song-Beverly Act gives strongest manufacturer buy-back rights in the US. Applies to new vehicles + CPO with express warranty.
When am I eligible for a buy-back in California?
18 months / 18,000 miles for presumption; longer if defect continues. Song-Beverly's "lemon presumption" applies in first 18 months / 18K miles. Even after, manufacturers must repair or buy back if defect substantially impairs use/value/safety.
How many repair attempts trigger buy-back in California?
4+ attempts OR 30+ cumulative days out of service. 4 repair attempts on same defect (2 for safety-critical) OR 30 cumulative days out of service triggers the lemon law presumption.
How much will the manufacturer refund in California?
Full purchase price + sales tax + DMV fees - usage offset. CA buy-back = full price minus mileage-based usage offset. Formula: (miles before first repair / 120,000) × purchase price = usage offset.
Do I have to arbitrate first in California?
Manufacturer arbitration available but NOT required to sue. California consumers can go straight to court without arbitration. Manufacturer arbitration is OPTIONAL — many consumers use it as a fast first step.
Selling a Lemon-Branded Vehicle?
If you're reselling a vehicle that was bought back under lemon law, Californiarequires written disclosure. A bill of sale documents the disclosure.
Generate Bill of SaleThis page is informational only and not legal advice. For your specific case, consult a California lemon law attorney. Source: California Department of Consumer Affairs — Arbitration Program.