California Tesla Lemon Law: When Your Tesla Qualifies for a Buyback (2026)

California's lemon law covers new Teslas just like any other new car. If Tesla can't fix a defect covered by your warranty after a reasonable number of tries, it has to replace the car or buy it back. And if your Tesla's problems started in the first 18 months or 18,000 miles, the law presumes it's a lemon once it hits certain repair counts.

Here's how the law works for Tesla owners, what changed recently, and what to do if you think you have a case.

The law: Song-Beverly and the Tanner Act

California's lemon law is the Song-Beverly Consumer Warranty Act. It applies to new vehicles bought or leased in California, including demonstrator cars sold with a new-car warranty. The core rule is simple: if the manufacturer can't repair a warranty defect that substantially affects the car's use, value or safety after a reasonable number of attempts, the buyer is entitled to a replacement or a refund.

"Reasonable number of attempts" is vague, so the Tanner Act adds a presumption. Within 18 months of delivery or 18,000 miles, whichever comes first, your car is presumed to be a lemon if:

• Safety defect: the same problem that could cause death or serious injury was repaired 2 or more times, or
• Any defect: the same problem was repaired 4 or more times, or
• Days down: the car was out of service for warranty repairs more than 30 days in total.

For the repeat-repair tests, you must also have notified the manufacturer directly in writing — not only the service center. Missing the presumption doesn't kill your claim. It just means you'll have to show that the number of repair attempts was reasonable for your situation.

Common Tesla lemon law problems

Owners and attorneys most often see cases involving:

• Phantom braking or other unexpected braking on Autopilot or FSD
• Drive unit failures and grinding or clunking noises
• Charging faults — the car won't charge, or charges very slowly
• Water leaks through the trunk, roof or headlights
• Touchscreen failures that take out climate, cameras or gear selection
• Suspension and steering noises or alignment problems that keep coming back

Problems that affect braking, steering or acceleration usually count as safety defects, so only two repair attempts are needed for the presumption.

What Tesla's warranty covers

Lemon law protects you for defects covered by the manufacturer's warranty. For Tesla that means:

• Basic Vehicle Limited Warranty: 4 years or 50,000 miles
• Battery and Drive Unit Limited Warranty: 8 years, with a mileage limit that depends on the model (typically 100,000–150,000 miles)

A defect that first appears within those limits can still support a lemon law claim after 18 months — you just won't have the presumption to lean on.

What you get if your Tesla is a lemon

If Tesla repurchases the car, you're generally entitled to:

• The price you paid, including taxes, registration and official fees
• Payments you've made on the loan or lease
• Incidental costs, such as towing and rental cars

Tesla is allowed to subtract a usage offset for the miles you drove before you first took the car in for the problem. The formula is the miles driven before the first repair attempt, divided by 120,000, multiplied by the price you paid. If you'd driven 6,000 miles on a $45,000 car, the offset is about $2,250.

If a manufacturer willfully fails to comply, a court can also award a civil penalty of up to two times your actual damages. And if you win, the manufacturer pays your attorney fees — which is why most California lemon law attorneys don't charge clients upfront.

Used Teslas: the 2024 Rodriguez ruling

This is the biggest change for used Tesla buyers. In Rodriguez v. FCA US (2024), the California Supreme Court held that a used car bought with a leftover factory warranty isn't a "new motor vehicle" for the lemon law's refund-or-replace remedy — unless the warranty was issued with the sale.

In practice:

• New Tesla, bought or leased in California: covered.
• Demo or used Tesla sold with a new-car warranty issued at the sale: may be covered.
• Used Tesla bought from a private seller or another dealer, with whatever factory warranty was left: refund or replacement is now very unlikely. Tesla still has to honor the remaining warranty, and other warranty claims may apply.

If you're shopping for a used Tesla, factor this in — a car with a history of repeat repairs is a risk you'll carry yourself.

California's 2025 lemon law changes

In 2025, AB 1755 and SB 26 added a new pre-lawsuit process for manufacturers that chose to opt in. It includes required written notice before suing, deadlines for the manufacturer to respond with an offer, and mandatory mediation before trial. The state publishes a list of manufacturers that opted in each year. The 18-month/18,000-mile presumption and your right to a buyback didn't change, but the steps and deadlines can depend on whether Tesla is on that list, so ask an attorney which rules apply to your car.

Step-by-step: what to do if you think your Tesla is a lemon

1. Report every occurrence through the Tesla app and ask for a service appointment each time.
2. Get a repair order for every visit, even if they say nothing is wrong. It should show the date, mileage, your complaint and the days the car was in service.
3. Describe the problem the same way every time, so the repairs are clearly for the same defect.
4. Save evidence: TeslaCam clips, screenshots and messages with service.
5. Notify Tesla in writing — a letter or email to Tesla itself describing the defect and the repair history.
6. Check your case with the California Lemon Law Checker.
7. Talk to a lemon law attorney. Most offer a free case review.

Frequently asked questions

How many repair attempts make a Tesla a lemon in California?

Within 18 months or 18,000 miles: 2 attempts for a safety defect, 4 for any other defect, or more than 30 days out of service. Outside that window, it depends on what's reasonable for the defect.

Does the lemon law apply to leased Teslas?

Yes. Leases of new vehicles in California are covered by Song-Beverly.

Can I get a buyback on a Tesla bought out of state?

California's lemon law generally covers vehicles bought or leased in California. If you bought elsewhere, the lemon law of that state usually applies.

Do I need a lawyer?

You can request a buyback yourself, but manufacturers often push back. Because Tesla pays your attorney fees if you win, hiring a lemon law attorney usually costs you nothing upfront.

The bottom line

If your Tesla has been back for the same problem two or more times — especially a safety issue — in its first 18 months, start documenting everything now. Use the Lemon Law Checker to see where you stand, and keep every repair order. This article is general information, not legal advice.