Your car is back in the shop… again. Same issue. Same dealership. Same “we fixed it” speech.
At this point, you’re both annoyed and exhausted. So you start asking the questions every frustrated driver facing mounting repair bills eventually asks: How many chances does the dealer get before your car is officially considered a lemon? And how many repair attempts qualify for lemon law in California?
You don’t want to jump the gun and be told you don’t qualify, but you also can’t keep wasting time on a problem that won’t go away. It feels like you’re stuck in an endless loop of repair visits, paperwork, and excuses.
A lot of people assume there’s one simple “magic number.” In reality, California lemon law works a little differently. There are clear guidelines, but the answer depends on factors like the type of defect, how serious it is, and how long your vehicle has been out of service.
That’s exactly what we’ll break down in this article. You’ll learn how the “lemon law presumption” works, what counts as a valid repair attempt, and how many tries it typically takes before you have a strong case for a refund or replacement in California.
The “Reasonable Number of Attempts” Standard
The core of the California lemon law revolves around a simple concept: the manufacturer must repair your vehicle within a “reasonable number of attempts.” If they fail to do so, the vehicle is considered a lemon.
But what is “reasonable”? To provide clarity, the law created a set of guidelines known as the “Lemon Law Presumption.” If your case fits within these guidelines, your vehicle is presumed to be a lemon in the eyes of the law. This is a powerful advantage.
The California Lemon Law Presumption
According to the official guidelines from the California Department of Consumer Affairs, the California Lemon Law Presumption applies if, within the first 18 months or 18,000 miles of owning your vehicle, any of the following have occurred:
- Four or More Repair Attempts: The manufacturer or dealer has tried to fix the same substantial, non-safety-related problem four or more times.
- Two or More Repair Attempts: The manufacturer has tried to fix a serious safety defect two or more times. A serious safety defect is something that could cause death or serious bodily injury.
- 30+ Days Out of Service: The vehicle has been in the repair shop for a cumulative total of more than 30 days for any combination of warranty-covered problems.
If your situation meets any of these criteria, the burden of proof shifts. Instead of you having to prove your car is a lemon, the manufacturer has to prove it is not a lemon. This makes your case much stronger and harder for the manufacturer to fight.
The Importance of the 18-Month/18,000-Mile Window
This initial period of ownership is critical. The law provides these strong presumptions because a new vehicle should not have these kinds of problems. It is essential to report any issues to the dealer as soon as they appear to make sure your repair attempts are documented within this time frame.
What if You Don’t Meet the Presumption?
This is a crucial point many people miss: you can still have a valid lemon law claim even if you do not meet the exact numbers of the presumption.
The ultimate legal standard is a “reasonable number of attempts,” and what is “reasonable” can be decided on a case-by-case basis.
For example, three repair attempts for a very serious engine or transmission problem might be considered reasonable by a court. If the manufacturer has had multiple chances to fix a major issue and has failed, you have a case. The presumption is just a guideline, not an absolute requirement.
This is where an experienced lemon law attorney becomes invaluable. They can evaluate the specifics of your case (like the nature of the defect, the number of attempts, the time out of service), and build a compelling argument that a reasonable number of attempts have been made, even if it does not fit neatly into the presumption’s boxes.
What Qualifies as a “Repair Attempt”?
For a service visit to count as a repair attempt, it must be properly documented. Every time you take your car to an authorised dealer for a problem, you must get a repair order.
This repair order should clearly state:
- Your specific complaint about the problem.
- The date you brought the car in.
- The date you picked it up.
Even if the dealer says they “could not duplicate the problem,” the visit still counts as a repair attempt as long as you have the paperwork to prove you brought it in for that specific issue.
The Role of a Lemon Law Attorney
Navigating the rules of repair attempts can be tricky. Manufacturers will try to find any loophole to argue that you have not given them a reasonable chance to fix the car. An attorney protects you from these tactics. Here’s how.
They Analyse Your Case Correctly
An expert attorney will review your repair history and tell you exactly where you stand. They will know if you meet the presumption or if you have a strong case based on the overall reasonableness of the situation. This expert analysis is the first step to a successful claim.
They Make Sure Every Attempt Counts
Your lawyer will make sure your documentation is solid and that every visit to the dealer is counted. They know how to counter the common dealer excuse of “could not duplicate” and build a case based on your entire repair history.
They Fight for You
Ultimately, an attorney’s job is to fight for your rights. They will take your evidence and present it to the manufacturer in a formal legal demand, arguing that a reasonable number of attempts have been made and that you are entitled to a lemon law buyback.
Stop Counting and Start Acting
So, how many repair attempts qualify for lemon law in California? The answer is not just a number. It is a legal standard based on reasonableness, supported by the powerful guidelines of the Lemon Law Presumption.
If you have been back to the dealer two, three, four, or more times for the same problem, it is time to stop counting and start acting. You do not have to be a legal expert to know that your situation is not right. The best way to find out if you have a case is to speak with someone who is.
A free consultation with a lemon law attorney will give you a clear answer. They will review your repair history and tell you if you have a valid claim. You have nothing to lose and a full refund to gain.
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Frequently Asked Questions
Do repair attempts at an independent mechanic count?
No. To qualify for a lemon law claim, the repair attempts must be performed by an authorised dealer for your vehicle’s manufacturer. This is because the claim is against the manufacturer, and they must be given the opportunity to fix the car through their approved network.
What if the problem is intermittent and the dealer can’t find it?
This is very common. As long as you report the problem and get a repair order, it counts as an attempt. It is the manufacturer’s responsibility to find and fix the defect, even if it is intermittent. Your attorney can help you build a case even when the dealer claims they cannot find the problem.
Does the 30-day rule have to be consecutive?
No. The 30 days are cumulative. This means you add up all the individual days your car has been in the shop for warranty repairs. If the total is more than 30, you meet that part of the presumption.
Can I still have a claim if the car seems to be fixed now?
Yes. If the dealer finally fixed the problem on the fourth or fifth try, you may still have a valid claim. The law is about the failure to repair the vehicle within a reasonable number of attempts. A successful repair after an unreasonable number of failures does not erase your right to a claim.
Is it too late to file a claim if I am past the 18,000-mile mark?
Not at all. The 18-month/18,000-mile window is for the Lemon Law Presumption. The lemon law itself applies for the entire duration of your vehicle’s factory warranty. You can still have a strong claim for defects that arise long after the presumption period has passed.