Vehicle Lemon Law Buyback & Replacement Qualification Calculator
Check if your new or warrantied vehicle meets the statutory repair-attempt or 30-days-in-the-shop presumption for a full manufacturer repurchase or replacement.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
- Meets Statutory Safety Lemon Presumption: 2 or more repair attempts for a serious safety defect likely to cause death or bodily injury (brakes, steering, stalling, airbag) — Under Cal. Civ. Code § 1793.22(b)(1), only 2 failed repair attempts are required for life-threatening safety defects.
- Meets 4-Attempt Statutory Presumption: 4 or more repair attempts for the SAME non-safety warranty defect (transmission shudder, electrical, infotainment, engine check light) — Four unsuccessful attempts to fix the same substantial warranty nonconformity triggers the Lemon Law presumption across most states.
- Meets 30-Day Out-of-Service Threshold: Vehicle has been out of service at the dealership for a cumulative total of 30+ calendar days for warranty repairs — 30 cumulative days in the shop (even across different warranty problems) triggers mandatory buyback eligibility in California and many states.
- Warranty Coverage Requirement Met: First repair attempt occurred while the manufacturer's original or CPO warranty was still active — As long as you reported the defect under warranty, subsequent failed repairs still count.
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3. How the rule works
Who this is for
Owners or lessees of a new, or certified used, car with a defect that keeps coming back, who want to know whether the repair history meets the lemon law presumptions in California or New York.
Lemon law claims are document-heavy; the repair orders are the evidence.
What to have ready
- Every repair order with dates and mileage.
- The purchase or lease contract.
- The warranty booklet and owner's manual.
- Any letters to or from the manufacturer.
The rule
California's Song-Beverly Consumer Warranty Act requires a manufacturer that cannot fix a warranty defect after a reasonable number of attempts to replace the vehicle or refund it (Civil Code § 1793.2(d)). The Tanner Act, § 1793.22, presumes a reasonable number of attempts within 18 months or 18,000 miles if: the same defect likely to cause death or serious injury was repaired twice and the buyer notified the manufacturer directly; the same defect was repaired four or more times; or the car was out of service for repairs for more than 30 days in total. A refund can be reduced by a mileage offset for use before the first repair attempt. A willful violation can add a civil penalty of up to twice actual damages, and attorney's fees are recoverable (§ 1794).
New York General Business Law § 198-a covers defects reported within the first 18,000 miles or two years, with a presumption after four or more repair attempts or 30 or more days out of service. The federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 and following, gives a separate claim for breach of written warranty in every state.
Read the official text:
- California Civil Code § 1793.2
- California Civil Code § 1793.22 (Tanner Act)
- New York General Business Law § 198-a
- California Civil Code § 1794 (remedies)
Worked example: refund with mileage offset
A $42,000 SUV had its first repair attempt for a transmission defect at 9,000 miles, then three more failed attempts.
Repairs for same defect = 4 within 18 months -> presumption met Mileage offset = 9,000 / 120,000 x $42,000 = $3,150 Refund before offset = price paid plus incidental costs Refund after offset = $42,000 - $3,150 = $38,850 (before fees and loan payoff)
Common mistakes
- Vague repair orders. Make sure each order records your complaint in your words and the in and out dates.
- Not notifying the manufacturer directly for safety defects, which the two-attempt presumption requires.
- Assuming the presumption is the only route. Owners can qualify outside the 18 months or 18,000 miles if attempts were unreasonable.
- Selling or trading the car before resolving the claim.
Limits of this tool
- Lemon laws vary by state in coverage, timing and remedies.
- California changed lemon law procedures in 2025 for some manufacturers; check the current rules before filing.
- The checklist checks presumptions; it does not calculate full restitution.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Collect every repair order and check the dates, mileage and complaint wording.
- Notify the manufacturer in writing, as the owner's manual directs.
- Request a repurchase or replacement and keep all correspondence.
5. Frequently Asked Statutory Questions (Cal. Civ. Code § 1793.22 (Tanner Consumer Protection Act / Song-Beverly); N.Y. GBL § 198-a; 15 U.S.C. § 2301 (Magnuson-Moss))
How is the mileage offset calculated in California?
Miles driven before the first repair attempt for the defect, divided by 120,000, multiplied by the price paid, under § 1793.2(d)(2)(C).
Do used cars qualify?
In California, used cars sold with a manufacturer's new-car warranty still in effect, or certified pre-owned warranties, can qualify. Other states vary.
Who pays the lawyer?
Song-Beverly and Magnuson-Moss allow a winning consumer to recover reasonable attorney's fees from the manufacturer.