In California, you’re protected by the state’s lemon law as soon as you lease or buy a new car; this means your vehicle is expected to be problem-free, safe, and not put you or your passengers in any danger. However, if it turns out you were sold a defective car, you could be entitled to a replacement or refund. 

Are you wondering if mileage affects your lemon law rights? The good news is that California’s lemon law has no mileage limits. Here’s what you need to know. 

 

Is the California Lemon Law Limited By Mileage?

No, California’s lemon law has no mileage limits, despite what some manufacturers might try to say. So, when does it apply? 

The Lemon law covers your vehicle as long as the manufacturer’s new car warranty is valid — and sometimes even after it expires. For instance, if the first repair attempt for a defect happened during the warranty period, your car might still qualify. 

If a dealership acting on behalf of the manufacturer has violated or ignored your vehicle’s warranty, you could have a breach of warranty case. However, keep in mind warranties have their mileage and time limits, so it depends on your situation. 

 

How Long Does California’s Lemon Law Protect a Vehicle?

There’s no exact time limit for lemon law protection in California. What matters is: 

• The defect repairs start while the manufacturer’s warranty is still valid. 
• Even if the warranty has expired, the lemon law may still apply if the first repair attempt happened during the warranty period. 

 

What About the 18,000-Mile Limit? Or the 18-Month Rule?

If you’ve been researching online, you may have seen something about California’s lemon law only applying within the first 18,000 or 18 months of owning a car — but, in short, that’s not true. There’s no such limit.

 

The Tanner Consumer Protection Act

Where did this notion come from? There’s language in the Tanner Consumer Protection Act (part of California’s lemon law) that refers to a certain number of repairs within 18,000 miles or having your car in a warranty repair facility for more than 30 days within the first 18 months. However, without getting too technical, this doesn’t define lemon law eligibility. 

If a car has four or more repairs within the first 18,000 miles or spends over 30 days in the shop during the first 18 months, and the owner uses the manufacturer’s mediation program, they might get some advantages in court. That said, attorneys rarely use this, and it has never been necessary in our firm’s experience. 

The key takeaway: The Lemon law applies as long as defect repairs begin within the manufacturer’s warranty. 

 

What Is California’s Lemon Law Mileage Offset?

The mileage offset is a provision that allows manufacturers to deduct a certain amount from your refund or replacement value based on the mileage driven before the first repair attempt. It’s essentially a way to account for the use you’ve already gotten out of the vehicle before the defect was recognized. It acknowledges that, despite the vehicle’s issues, it provided some level of service during its operational period.

 

When Does the Offset Apply?

The offset applies when you qualify for a vehicle refund or replacement under the Lemon law. It’s based on the mileage at the first repair attempt for the defect. So, the earlier you report issues, and the sooner repairs are attempted, the lower the offset amount will be.

 

What Is the California Lemon Law Mileage Offset Calculation?

Here’s how mileage offset is calculated under California’s lemon law—and why catching defects early matters.

Example: A vehicle has persistent transmission issues (4+ repairs), but the dealer can’t fix them.

• Vehicle cost: $56,500
• Mileage at each repair attempt:
  • 1st: 2,105 miles → $991 offset
  • 2nd: 8,475 miles → $3,990 offset
  • 3rd: 14,760 miles → $6,949 offset
  • 4th: 26,300 miles → $12,382 offset

Formula: [Miles at repair attempt / 120,000 (life of the average car)] × Vehicle cost

 

Do You Think You Have a Lemon? Contact Our Experienced Firm Today

Do you think your vehicle might qualify as a lemon? Online searches can only get you so far. It’s best to speak with an experienced attorney who can tell you what you’re dealing with and your options. 

Our California lemon lawyers understand these laws inside and out and can help you get the compensation you deserve. Contact us or call 818-244-3905 today for a FREE, no-obligation consultation!

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