Free calculator · California
California lemon law buyback calculator
Under California’s Song-Beverly Consumer Warranty Act, a $45,000 vehicle at 6,000 miles works out to about $27,788 in cash after the lender is paid. Put your own numbers in below — every line is itemized and cited to the statute, and the deduction shows its working.
In plain English
If a serious fault keeps coming back, California law can force the manufacturer to buy the car back from you. The usual trigger is 4 tries at the same problem, or the car being off the road for 30 days — counted across the whole time you have owned it, not per visit.
What you get is not what the car is worth today. It is what you PAID, including the sales tax and the fees you paid to register it, minus an allowance for the driving you already got out of the car. There is no cap on that allowance, so the more you had driven, the more comes off.
Anything still owing on your loan is paid off out of that money first, and the rest reaches you. If you owe more than the refund comes to, the loan clears and no cash arrives — which is worth knowing before you start.
That is the whole shape of it. Everything below is the arithmetic, the statute it comes from, and the parts nobody can promise you.
Your vehicle
The allowance is calculated on the miles you had driven when you first delivered the car for repair. Miles added afterwards — including while the dealer has the car — do not increase it.
What you paid
Repair history
What California law says you are owed
| Vehicle purchase price | $45,000 |
| Sales and use tax paid | $3,938 |
| Title, license and registration fees | $650 |
| Incidental costs (towing, rental, out-of-pocket repairs) | $450 |
| Less: allowance for your use before the first repair | −$2,250 |
| Manufacturer’s total obligation | $47,788 |
| Less: paid directly to your lender | −$20,000 |
| Cash that reaches you | $27,788 |
How the deduction was worked out: $45,000 × (6,000 miles ÷ 120,000) = $2,250. California sets no ceiling on this deduction — every mile driven before the first repair visit increases it.
Does this meet California’s repair-attempt presumption?
- 2 repair attempts (defect likely to cause death or serious injury) — Not claimed as a safety defect.
- 4 repair attempts at the same problem — 4 of 4 attempts.
- 30 cumulative days out of service — 22 of 30 days.
Meeting a statutory path is not the same as having a case. The defect must also substantially impair the vehicle’s use, value or safety — a judgment no calculator can make for you. This tool is information, not legal advice.
What this figure assumes, and what it leaves out
- Figures follow California's Song-Beverly Consumer Warranty Act as written; they are an estimate of the statutory refund, not an offer and not legal advice.
- The allowance is calculated on the miles you had driven when you first delivered the car for repair. Miles added afterwards — including while the dealer has the car — do not increase it.
- Your remaining loan balance of $20,000 is paid directly to the lender out of the same money, so the cash reaching you is $27,788.
- You have paid roughly $24,200 out of pocket so far (down payment plus payments made). That figure is shown for context — the statutory refund is built from the price and the charges above, not from payments to date.
- California enumerates what restitution covers, which is why this estimate adds sales tax, registration and official fees rather than ignoring them: § 1793.2(d)(2)(B) names them explicitly.
- Incidental damages are limited to costs "directly caused" by the defect — reasonable repair, towing and rental car costs. Everyday running costs such as fuel and insurance are not recoverable.
Not included in the number above:
- Civil penalties, which some states allow where a manufacturer refuses in bad faith
- Attorney fees and court costs. Civil Code § 1794(d) lets a prevailing buyer recover costs and attorney fees "based on actual time expended" from the manufacturer, on top of the refund — which is why California representation usually costs nothing up front. § 1794(c) separately allows a civil penalty of up to two times actual damages for a wilful failure to comply. Neither is part of the figure above.
- Any amount a manufacturer, arbitrator or court may actually agree to, which depends on facts and advocacy this tool cannot see
- The value of choosing a replacement vehicle instead of a refund
Figures verified against primary law on 2026-08-09. This is information, not legal advice, and it is not an offer from any manufacturer.
A correction worth knowing
What you will read elsewhere: That your California refund is simply purchase price − mileage offset − loan payoff, which is what most calculators on this SERP compute.
What the statute says: Section 1793.2(d)(2)(B) requires restitution of the price paid PLUS sales and use tax, license and registration fees, and incidental costs such as towing and rental cars. Leaving those at zero drops roughly $4,000 off a typical $45,000 California claim.
What the California deduction actually comes to
Find the row nearest your price and the column nearest your mileage. These are computed from Cal. Civ. Code § 1793.2(d)(2)(B)–(C) by the same code that runs the calculator above — not typed in by hand, which is how published tables drift from the statute they cite.
| Purchase price | 3,000 mi | 6,000 mi | 12,000 mi | 20,000 mi | 40,000 mi |
|---|---|---|---|---|---|
| $25,000 | $625 | $1,250 | $2,500 | $4,167 | $8,333 |
| $35,000 | $875 | $1,750 | $3,500 | $5,833 | $11,667 |
| $45,000 | $1,125 | $2,250 | $4,500 | $7,500 | $15,000 |
| $60,000 | $1,500 | $3,000 | $6,000 | $10,000 | $20,000 |
Figures are the allowance for use only. What reaches you is this subtracted from the refund, then your loan settled — use the calculator above for that.
On a $45,000 vehicle in California, the deduction is $2,250 at 6,000 miles, $7,500 at 20,000 and $15,000 at 40,000. California sets no ceiling, so it keeps climbing in a straight line.
How California builds the refund
A buyback is not a used-car offer. It is a statutory refund, assembled from specific components the law names, less one deduction. Most calculators skip the components and model only the deduction — which is why their numbers come in low. Where California leaves something out, the row below says who you get it from instead rather than just saying no.
| Component | Included? | Why |
|---|---|---|
| Vehicle purchase price | Yes | The base of every buyback calculation. |
| Sales and use tax | Yes | § 1793.2(d)(2)(B) names "sales or use tax" in the restitution formula, so it is part of what the manufacturer owes back. |
| Title, license and registration | Yes | The same subsection names "license fees, registration fees, and other official fees" — the money you paid to put the car in your name and on the road. |
| Towing, rental, out-of-pocket repairs | Yes | Incidental damages "directly caused" by the defect, which § 1793.2(d)(2)(B) reaches: reasonable repair, towing and rental car costs. |
| Finance charges paid to date | Yes | Commonly claimed as part of the price paid or payable, though the boundary of what counts is set by case law rather than by the text. |
| Allowance for your use | Deducted | The deduction is the purchase price × miles ÷ 120,000, with no ceiling. |
| Attorney fees | Separate | Civil Code § 1794(d) lets a prevailing buyer recover costs and attorney fees "based on actual time expended" from the manufacturer, on top of the refund — which is why California representation usually costs nothing up front. § 1794(c) separately allows a civil penalty of up to two times actual damages for a wilful failure to comply. Neither is part of the figure above. |
When California presumes the manufacturer has had enough tries
Every state sets a point past which the law stops giving the manufacturer the benefit of the doubt. Reaching it does not decide your case — the defect must still substantially impair the vehicle’s use, value or safety — but it shifts the argument.
- 4 repair visits for the same unfixed problem.
- 2 repair visits where the defect is likely to cause death or serious bodily injury.
- 30 cumulative days out of service, counted across the whole ownership, not per visit.
- The problem must first have appeared within 18 months or 18,000 miles, whichever comes first.
- You must have notified the manufacturer directly at least once, not only the dealer. Keep proof.
Covered: New motor vehicles bought or leased in California and still covered by the manufacturer’s new-vehicle warranty; Used vehicles still within the balance of the original manufacturer’s new-vehicle warranty; Leased vehicles; Dealer demonstrators, and the chassis and drivetrain of a motor home; Vehicles bought for business use, where the business has no more than five vehicles registered in California.
Not covered: Vehicles no longer covered by any manufacturer’s warranty at the time the defect was reported; Motorcycles and off-road vehicles; The living-quarters portion of a motor home; Defects caused by abuse, neglect, or unauthorised modification.
How long you have
Since AB 1755, an action must be filed within one year after the applicable express warranty expires, and in no event later than six years after original delivery of the vehicle. Separately, the Tanner presumption is only available where the defect first appeared within 18 months of delivery or 18,000 miles, whichever came first — but missing that window does not by itself end a claim, it only removes the presumption.
Frequently asked questions
- How is the lemon law buyback amount calculated in California?
- California refunds what you paid for the vehicle — including sales tax and registration fees — less an allowance for your use of it. The deduction is the purchase price × miles ÷ 120,000, with no ceiling. On a $45,000 vehicle in the example above, that leaves about $27,788 in cash once the remaining loan is paid off.
- Is the California lemon law mileage deduction really what other calculators show?
- Section 1793.2(d)(2)(B) requires restitution of the price paid PLUS sales and use tax, license and registration fees, and incidental costs such as towing and rental cars. Leaving those at zero drops roughly $4,000 off a typical $45,000 California claim. Cal. Civ. Code § 1793.2(d)(2)(B)–(C) is the controlling text.
- How many repair attempts do you need for the California lemon law?
- 4 visits for the same unfixed problem raises the statutory presumption in California, or 2 where the defect is likely to cause death or serious bodily injury. 30 cumulative days out of service is an independent path. The problem must first have appeared within 18 months or 18,000 miles, whichever comes first.
- Which odometer reading does the California mileage deduction use?
- The allowance is calculated on the miles you had driven when you first delivered the car for repair. Miles added afterwards — including while the dealer has the car — do not increase it.
- Is sales tax refunded in a California lemon law buyback?
- § 1793.2(d)(2)(B) names "sales or use tax" in the restitution formula, so it is part of what the manufacturer owes back.
- What happens to my car loan in a California buyback?
- The manufacturer pays your lender the outstanding balance directly out of the same money, and you receive the remainder. If your loan balance is larger than the refund, the loan is settled and no cash reaches you — which is a real outcome on an upside-down loan and worth checking before you start.
- Do I pay a lawyer out of my California buyback?
- Usually not out of the refund itself. Civil Code § 1794(d) lets a prevailing buyer recover costs and attorney fees "based on actual time expended" from the manufacturer, on top of the refund — which is why California representation usually costs nothing up front. § 1794(c) separately allows a civil penalty of up to two times actual damages for a wilful failure to comply. Neither is part of the figure above. That is why the figure above deliberately excludes legal fees.
Sources
- California Civil Code § 1793.2 — replacement or restitution, and the use offset — Cal. Civ. Code § 1793.2(d)(2)(B)–(C), California Legislative Information. Read 2026-08-09.
- California Civil Code § 1793.22 — Tanner Consumer Protection Act presumption — Cal. Civ. Code § 1793.22(b), California Legislative Information. Read 2026-08-09.
- California Civil Code § 1794 — buyer’s remedies, civil penalty and attorney fees — Cal. Civ. Code § 1794(c)–(d), California Legislative Information. Read 2026-08-10.
- AB 1755 (2024) — pre-litigation notice and limitations period — Stats. 2024, ch. 250 (AB 1755), California Legislative Information. Read 2026-08-09.
Other states we model
Each state runs a different formula, so these are separate calculators rather than one tool with a dropdown:
- Pennsylvania lemon law buyback calculator — the deduction is capped at 10¢ a mile or 10% of the purchase price, whichever is less.
- Florida lemon law buyback calculator — the deduction is the base price before tax and fees × miles ÷ 120,000, with no ceiling.
- New York lemon law buyback calculator — the first 12,000 miles draw no deduction at all; beyond that it is the purchase price × the excess miles ÷ 100,000.
- Illinois lemon law buyback calculator — illinois sets no deduction formula: the statute describes the allowance in words and supplies no number, no denominator and no cap.