Electric vehicles are changing the way we drive, but like any car, they can develop serious problems. When electric vehicle defects happen despite repeated repairs, California’s EV lemon law gives you the right to a refund, replacement, or cash settlement.
The Song-Beverly Act and California warranty law covers both electric and gas-powered vehicles. That’s important because manufacturers and dealers often blame defects on software glitches that can be “fixed” with a quick update.
California lemon law generally applies when:
- The vehicle is purchased or leased in California.
- The vehicle is under the manufacturer’s original warranty.
- The defect substantially affects the vehicle’s use, value, or safety.
- The manufacturer or dealership has had a reasonable opportunity to repair it.
If your EV has spent weeks in the repair shop for a battery malfunction, charging failure, or autopilot malfunction, you have important consumer rights.
Common EV defects that qualify under Song-Beverly
EV mechanical, electronic, or software defects all qualify under lemon law if they’re substantial and recurring. Common examples include:
- camera fault that affects visibility
- software freeze
- screen blackout
- autopilot failure
- adaptive cruise malfunction
- high-voltage errors
- charging port defect
Software defects are especially important because they can affect several systems at once. A single update or module defect can cause ghost braking, charging failures, frozen screens, or disabled cameras all at the same time. When those systems fail, an EV may become unsafe, unreliable, or unusable.
How many repair attempts before you can demand a buyback?
Before demanding a buyback, the manufacturer must have a reasonable number of attempts to correct the defect. In most cases, this includes:
- Two or more repair attempts for a serious safety defect
- Four or more repair attempts for another recurring defect
- More than 30 days in the repair shop
The 30-day out-of-service rule does not require consecutive repair days. Multiple repair visits can be added together.
OTAs and repair attempts
EV systems are updated in two ways: automatically with Over-the-Air (OTA) patches or traditional dealer reflashes with diagnostic tools.
OTA updates are downloaded over encrypted Wi‑Fi or cellular networks and installed automatically. There are two main OTA updates:
- SOTA (Software): Systems you can see and touch, including new navigation maps, streaming apps, or screen layouts.
- FOTA (Firmware): The operating system, or “brain,” of an EV that controls the hardware. This includes the battery, brakes, or motor for more miles per charge or faster acceleration.
Dealer updates include some software or firmware flashes, especially on older cars or for complex powertrain and safety electrical control units (ECUs). These are performed by plugging the EV into a diagnostic computer. A shop may also install updates if an OTA fails, bricks a module, or is part of a manufacturer recall.
However, these software patches can introduce new bugs, or fix one issue while breaking another. In lemon law cases, each software update or reboot is treated as a repair attempt. Because software defects can impair several systems at once, they more easily meet the “substantial impairment” threshold.
Warranty repair history
Service centers often struggle to diagnose software issues, which creates a long paper trail of unsuccessful repair attempts. For EV lemon law evidence, it helps to save:
- Repair orders
- Invoices
- Charging logs
- Technician notes
- Screenshots of range estimates
- App messages
- OTA update notices
- Videos where possible
Documentation is especially important for intermittent problems because it demonstrates a clear repair pattern.
Remedies
If your EV qualifies as a lemon, the manufacturer must provide a buyback, replacement, or cash settlement. A buyback refunds your down payment, monthly payments, taxes, registration, and incidental expenses like towing or rental costs minus a mileage offset.
In willful violation cases, a manufacturer may face an additional civil penalty up to two times actual damages, plus attorneys fees and court costs. A willful violation means the manufacturer knew it was violating the law, and wilfully ignored it or acted maliciously.
Stuck with a lemon?
Don’t let the manufacturer decide when enough is enough. Brennan Law can determine whether you have a case, draft your repurchase demand, and pursue the full compensation you’re owed under California law.
If repeated repairs, failed updates, or extended shop time has left you stranded, contact us today.