9.1 Warranties; “Lemon Law”, 18 months/18,000 miles

California’s lemon law is one of the strongest consumer protection laws in the country, and you need to understand exactly how it works — especially the distinction between new and used vehicle protections, because this is an area where there is widespread confusion.

The Song-Beverly Consumer Warranty Act is California’s lemon law. For new vehicles, the key provision is Civil Code Section 1793.22, which creates a “presumption” that a vehicle is a lemon if, within the first 18 months or 18,000 miles (whichever comes first), the manufacturer or its authorized dealer has been unable to repair a substantial defect after a reasonable number of repair attempts. That 18 months/18,000 miles figure is the presumption period — it’s a timeframe within which the law presumes the vehicle is defective if the conditions are met. The presumption makes it easier for the consumer to prevail in a lemon law claim.

Now, for used vehicles, the rules are different. The used vehicle implied warranty is governed by Civil Code Section 1795.5. Under this section, when a dealer sells a used vehicle with an express warranty, an implied warranty of merchantability is also provided. The duration of that implied warranty is coextensive with the express warranty — meaning it lasts as long as the express warranty — but it has a floor of 30 days and a ceiling of 3 months. So if you sell a used vehicle with a 60-day express warranty, the implied warranty also lasts 60 days. If you sell with a 15-day warranty, the implied warranty still lasts 30 days (the minimum). If you sell with a 6-month warranty, the implied warranty lasts 3 months (the maximum).

Here’s where the confusion arises: some people believe the 18 months/18,000 miles lemon law presumption applies to used vehicles. It does not. That presumption is specifically for new motor vehicles under Section 1793.22. Used vehicles have their own, separate protections under Section 1795.5, with the 30-day to 3-month implied warranty duration.

One more important development you need to know about: the California Supreme Court’s ruling in Rodriguez v. FCA US, LLC, decided on October 31, 2024. In this case, the court addressed whether a used vehicle that is sold with only the remaining balance of the original manufacturer’s warranty qualifies as a “new motor vehicle” under the Song-Beverly Act. The court ruled that it does not. This means that a buyer who purchases a used vehicle from a dealer and has remaining factory warranty coverage cannot bring a lemon law claim under the new vehicle provisions. Their remedies are limited to the used vehicle protections under Section 1795.5. This ruling clarified an area of law that had been disputed among California’s appellate courts for years.