What Constitutes a Warranty Breach Under Lemon Law?

Lemon Law Basics

California’s Lemon Law exists to protect you if your new or used vehicle is repeatedly failing under warranty. When a manufacturer or dealer does not honor the warranty, you may be facing a warranty breach. If you’re grappling with persistent car problems, understanding what counts as a breach is the first step to asserting your rights. For a broader overview of your legal options, you may also want to learn about vehicle defects and your rights in other Lemon Law matters.

Defining a Warranty Breach

A warranty breach under California Lemon Law happens when a car manufacturer or dealer fails to fix a problem covered by your warranty after a reasonable number of attempts. This can include ignoring required repairs, using ineffective fixes, or refusing to honor warranty terms. If you suspect a breach, reviewing common vehicle defects may help clarify if your issue qualifies.

Common Examples

• Not repairing the same defect after multiple visits
• Refusing to cover the cost of parts or labor
• Failing to provide a loaner vehicle if required
• Delaying repairs beyond a reasonable time
• Denying warranty coverage for eligible problems

What Lemon Law Covers

California’s Lemon Law (the Song-Beverly Consumer Warranty Act) covers new and used vehicles sold or leased with a manufacturer’s warranty. This protection applies to:

• Cars, trucks, vans, and SUVs
• Dealer-owned demonstration vehicles
• Some motorcycles and RVs
• Vehicles bought or leased for personal, family, or household use

If you have issues outside of vehicle warranties, you may also want to know about other consumer product protections.

State and Federal Protections

The California Lemon Law is one of the strongest in the country. In addition to state law, the federal Magnuson-Moss Warranty Act may provide extra protection if your warranty is not honored.

• State law gives you the right to a replacement or refund for persistent problems
• Federal law makes warranties enforceable and helps you recover attorney’s fees
• Laws require clear, written warranties and honest dealer practices

If you’re interested in a full breakdown of the legal framework, see steps to file a vehicle defect claim.

Your Rights Under Warranty

When a warranty is breached, you have several rights:

• Request a free repair, replacement, or refund
• Make a claim for related damages (like loss of use or expenses)
• Seek help from an attorney if the manufacturer or dealer does not cooperate

Our article on enforcing your rights in a warranty dispute outlines the process for holding companies accountable.

Reasonable Number of Repair Attempts

California law presumes a warranty breach if, within 18 months or 18,000 miles:

• The dealer made at least two repair attempts for a serious safety defect
• The dealer tried four or more times for the same non-safety defect
• The vehicle was out of service for more than 30 total days for repairs

What Doesn’t Qualify

Not every vehicle problem is a warranty breach. For example, defects caused by abuse, neglect, or unauthorized repairs are generally not covered. Understanding manufacturer responsibilities can help clarify gray areas.

How to Document a Breach

Proper records make your case stronger:

• Keep all repair orders and receipts
• Record all communication with the dealer or manufacturer
• Note dates, times, and the nature of each defect
• Save tow truck or rental car receipts

For more tips, see steps to file a vehicle defect claim.

Steps to Take After a Suspected Breach

1. Review your warranty carefully
2. Notify the dealer or manufacturer in writing
3. Give them a reasonable chance to repair
4. Keep detailed records
5. Consult a Lemon Law attorney if repairs fail

Compensation You May Receive

If your claim succeeds, you may be entitled to:

• A replacement vehicle
• A full or partial refund
• Payment for incidental costs (like towing or rental)
• Recovery of legal fees

Learn more about compensation in Lemon Law cases.

Action Plan for Consumers

• Act promptly—do not delay reporting issues
• Use only authorized dealers for repairs
• Keep all paperwork and communication
• Seek legal advice if you’re unsure whether your issue qualifies

If you’re facing a different vehicle issue, our guide to identifying a lemon vehicle may help.

Related Issues to Watch

• Warranty breaches often overlap with product liability claims
• If a defect leads to an accident, see car accidents and your rights
• Problems with safety equipment may fall under defective vehicle parts

When to Call an Attorney

If you’ve given the dealer a fair chance and your car still isn’t fixed, legal help can make the difference. You’re not alone—many Californians face these challenges, and the law is on your side.

We’re Here to Help

If you think your vehicle’s warranty has been breached, Attain Law attorneys are ready to review your situation and help you take the next step. For a free consultation, contact us today for a free consultation or call (888) 970-8627. We’re here to support you throughout the process.

Frequently Asked Questions about Warranty Breaches Under Lemon Law

What is a warranty breach under California Lemon Law? A warranty breach occurs when a manufacturer or dealer fails to repair a covered problem after a reasonable number of attempts, or refuses to honor the warranty as promised under California Lemon Law.

How many repair attempts before it is considered a breach? Generally, two attempts for a serious safety issue or four attempts for the same non-safety problem, or if the vehicle is out of service for more than 30 days, may qualify as a breach.

Does Lemon Law cover used cars in California? Yes, California Lemon Law covers used cars sold with a manufacturer’s warranty, as well as new vehicles.

What should I do if my warranty is breached? Keep records of all repairs and contact the manufacturer or dealer in writing. If the problem is not resolved, consider speaking with a Lemon Law attorney.

What can I recover if I prove a warranty breach? You may be eligible for a replacement vehicle, a refund, reimbursement for expenses like towing or rentals, and attorney’s fees.

Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.