Summary: Most state lemon laws presume your vehicle is a lemon when the manufacturer gets a reasonable number of chances to fix a defect and fails. The common presumption is 4 or more repair attempts for the same defect, or 30 or more cumulative days out of service, within the warranty period. California adds a 2-attempt trigger for safety defects and an 18-month/18,000-mile window; Texas uses 24 months/24,000 miles; New York uses 2 years/18,000 miles. Remedies are a buyback (refund minus a mileage offset) or a comparable replacement vehicle, and most states make the manufacturer pay your attorney fees if you win.
How lemon law presumption works
Lemon laws do not require you to prove the car is cursed. They require you to show the manufacturer had a reasonable number of chances to fix a defect that substantially impairs the vehicle's use, value, or safety, and failed. To make that test predictable, states define a presumption: hit the numbers and the law presumes the reasonable-chance standard is met.
The dominant presumption, used with variations in California, Texas, New York, Nevada, and many others, is 4 or more repair attempts for the same defect, or 30 or more cumulative days out of service for warranty repairs. California lowers the attempts bar to 2 for defects that could cause death or serious injury. The attempts must fall inside a window: 18 months or 18,000 miles in California, 24 months or 24,000 miles in Texas, 2 years or 18,000 miles in New York.
Meeting the presumption does not end the inquiry, and missing it does not end your claim. You can win outside the window if the problems started under warranty; you can lose inside it if the defect is minor or the repairs were done by unauthorized shops. But the presumption is the practical gate: inside it, manufacturers settle; outside it, you carry the burden of proof.
Documentation decides cases. Keep every repair order with dates, mileage in and out, and the complaint as you stated it. A missing repair order is a missing attempt. Photograph the odometer at each visit. Communicate in writing. These habits are worth more than any legal theory.
Worked example
Presumption met (California): new sedan, transmission shudder, 4 dealer visits in 11 months and 14,000 miles, 34 total days out of service. The 4-attempt and 30-day triggers are both met inside 18 months/18,000 miles: presumption met. Buyback estimate on a $35,000 car with first complaint at 4,000 miles: $35,000 minus ($35,000 x 4,000/120,000 = $1,167) = $33,833, plus sales tax, registration, and incidental costs in many states.
Building a case (Texas): SUV, electrical fault, 2 attempts and 12 days out of service at 20 months and 22,000 miles. Inside the 24-month/24,000-mile window but short of 4 attempts/30 days. One or two more documented attempts, or 18 more days in the shop, likely triggers the presumption.
Not yet: 1 attempt, 3 days out of service, problem started after the warranty expired. No presumption anywhere; the claim needs a different theory (such as the federal Magnuson-Moss Warranty Act) or it is not a lemon claim.
Lemon presumption rules by state, 2026
The statutory presumption in four major states. Details vary; confirm with your state attorney general. <a href="lemonlaw.csv" download>Download this table as CSV</a>.
| State | Attempts trigger | Days trigger | Window |
|---|---|---|---|
| California | 4+ (2+ for safety defects) | 30+ cumulative | 18 months / 18,000 miles |
| Texas | 4+ | 30+ cumulative | 24 months / 24,000 miles |
| New York | 4+ | 30+ cumulative | 2 years / 18,000 miles |
| Nevada | 4+ | 30+ cumulative | 1 year / warranty period |
Lemon law guides
- What Qualifies as a Lemon by State: the defect, warranty, and attempts tests
- Lemon Law Buyback vs Replacement: How the Remedies Work: refund math, replacement rules, and which to pick
- How Long Does a Lemon Law Claim Take?: timelines for arbitration, agency, and court
- Do You Need a Lemon Law Lawyer? Fees and Fee-Shifting Explained: why most lemon lawyers cost you nothing upfront
- Used Cars and Lemon Law: What Coverage Exists: state used-car laws and warranty-based claims
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Frequently asked questions
What qualifies a car as a lemon?
Generally: a defect covered by the manufacturer's warranty that substantially impairs use, value, or safety, which the manufacturer failed to fix after a reasonable number of attempts, commonly presumed at 4+ repair attempts or 30+ days out of service.
Do I get a full refund under lemon law?
Usually the purchase price minus a mileage offset for the miles driven before the first repair complaint, plus sales tax, registration, and incidental costs in many states. Or you can take a comparable replacement vehicle.
Do I need a lawyer for a lemon law claim?
Not always, but most lemon law attorneys work on contingency because nearly all state lemon laws (and the federal Magnuson-Moss Act) make the manufacturer pay your attorney fees if you win. Many states also offer free arbitration programs.
Does lemon law cover used cars?
It depends on the state. New York covers used cars bought from a dealer for $1,500+ with under 100,000 miles (3 attempts or 15 days). Most states cover only new vehicles or used vehicles still under the manufacturer's warranty.
Data current as of October 2026. Sources: CA Civil Code 1793.22; TX Occupations Code ch. 2301; NY General Business Law 198-a; NRS 597.630; state attorney general publications; Magnuson-Moss Warranty Act. This tool gives planning information only and is not legal advice. Consult a licensed attorney in your state about your vehicle.