California Tesla Lemon Law Checker — Does Your Tesla Qualify?
Keep going back to the service center for the same problem? Answer seven questions to see whether your Tesla meets California's lemon law presumption — and what to do next either way.
California's lemon law in plain English
California's Song-Beverly Consumer Warranty Act requires a manufacturer to replace or buy back a new vehicle it can't fix after a reasonable number of attempts. The Tanner Act adds a presumption: within 18 months of delivery or 18,000 miles, whichever comes first, a car is presumed to be a lemon if:
- the same problem that could cause death or serious injury was repaired 2 or more times, or
- the same problem was repaired 4 or more times, or
- the car was out of service for warranty repairs more than 30 days in total.
For the repeat-repair tests, you also need to have notified the manufacturer directly in writing. Missing the presumption doesn't end your case — it just means you'll have to show the number of repair attempts was reasonable.
Used Teslas and the 2024 Rodriguez ruling
In Rodriguez v. FCA US (2024), the California Supreme Court held that a used car bought with a leftover factory warranty isn't covered by the refund-or-replace remedy unless the warranty was issued with the sale. Tesla must still honor the remaining warranty, but a buyback is much harder to get on a used Tesla bought from a private seller or another dealer.
Keep these records
- Every service invoice, with the date, mileage, your complaint and the days the car was in service.
- Screenshots of Tesla app service requests and messages.
- Dashcam or TeslaCam clips of the problem happening.
- A copy of any written notice you sent Tesla.
Frequently asked questions
Do Teslas qualify for California's lemon law?
Yes. New Teslas bought or leased in California are covered by the Song-Beverly Act like any other new car. Tesla's 4-year/50,000-mile basic warranty and 8-year battery and drive unit warranty set the period in which defects must appear.
What counts as a safety defect?
A problem likely to cause death or serious injury if the car is driven — for example brake, steering or sudden-acceleration faults, repeated phantom braking, or a fire risk. Only two repair attempts are needed for these.
Do I have to pay a lemon law attorney?
Usually not up front. Song-Beverly makes the manufacturer pay the buyer's attorney fees and costs if the buyer wins, so most California lemon law attorneys take cases without charging the client directly.
Did California's lemon law change in 2025?
Yes. AB 1755 and SB 26 added new pre-lawsuit notice, response and mediation steps for manufacturers that opted in to the new process. The core 18-month/18,000-mile presumption still applies.
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