California modernized its Lemon Law process in 2025 through Assembly Bill 1755 (AB 1755).The law added important procedural protections for consumers and new obligations for manufacturers.
Under AB 1755, before filing a lawsuit seeking civil penalties (which can reach up to twice the consumer’s damages), a buyer or lessee must now send a written pre-suit notice to the manufacturer requesting a repurchase or replacement. The manufacturer then has 30 days to respond and attempt to resolve the claim.
Additionally, mandatory mediation is now required for all Lemon Law cases seeking repurchase, replacement, or civil penalties. Discovery (the exchange of evidence) is paused until mediation concludes. The new law also added a specific chapter to the California Code of Civil Procedure that standardizes how Lemon Law actions are filed and handled in court.
These changes were designed to promote early resolution while preserving consumers’ ability to recover damages, civil penalties, and attorney’s fees if the manufacturer fails to act in good faith.
California imposes a four-year statute of limitations on Lemon Law claims. This means you must file a lawsuit within four years of the date you knew, or reasonably should have known, that your vehicle was a lemon. The clock does not necessarily start with your first repair attempt—it begins when the pattern of failed repairs makes it clear the vehicle cannot be fixed.
Because timing is critical, consulting a qualified Lemon Law attorney early can preserve your rights and prevent your claim from expiring.
If your car qualifies as a lemon, you may be entitled to:
Buyback (Repurchase):
A refund of your down payment, monthly payments, registration fees, taxes, finance charges, and other out-of-pocket costs such as towing and rental cars. The manufacturer may deduct a small “mileage offset” for the miles driven before the first repair attempt. The formula is: (Purchase Price × Miles at First Repair) ÷ 120,000.
Replacement Vehicle:
You can elect to receive a comparable new vehicle instead of a refund. The manufacturer must cover registration, taxes, and incidental costs.
Civil Penalties:
If the manufacturer will fully ignored or violated the law, you may receive up to twice your actual damages in penalties.
Attorney’s Fees:
The manufacturer must pay your reasonable attorney’s fees and costs if you win. You do not pay anything out of pocket.
The Tanner Consumer Protection Act (Civil Code §1793.22) establishes a presumption that a vehicle is a lemon if, within the first18 months or 18,000 miles, whichever occurs first, any of the following happens:
This presumption makes it easier for consumers to prove their case, but even if your situation falls outside these limits, you may still qualify if repairs occurred during the warranty period.
The Song-Beverly Consumer Warranty Ac t(California Civil Code §§1790–1795.8) requires vehicle manufacturers to repair, replace, or refund defective vehicles under warranty. If the manufacturer or its authorized dealer cannot fix a defect that substantially impairs the vehicle’s use, value, or safety after a reasonable number of attempts, the manufacturer must either:
The law applies to both new and used vehicles that are sold or leased with a manufacturer’s warranty and primarily used for personal or family purposes. It can also extend to small businesses (with five or fewer vehicles registered) and to California residents or active-duty military members who purchased their vehicles outside the state.
If a manufacturer will fully fails to meet its obligations, the court may impose civil penalties up to twice your actual damages, plus attorney’s fees.
You can, but manufacturers have teams of lawyers defending these cases. Having a skilled attorney dramatically increases your chances of success—and you pay nothing unless you win.
Delays count toward the total days out of service and strengthen your Lemon Law case.
Yes. You have the right to choose a replacement vehicle of comparable value rather than a buyback.
You may have both a Lemon Law claim and a separate personal injury claim. BLG can evaluate both.
You may still have a claim if you notified the manufacturer and your case otherwise meetsLemon Law requirements. Consult an attorney to evaluate your options.
No. Pursuing a claim does not impact your credit. If your vehicle is repurchased, your lender or leasing company is paid directly.
Yes. You can recover incidental and consequential damages, including rental car expenses, towing, and reasonable costs incurred because of the defect.
No. Arbitration is optional. However, under the 2025 changes, mediation is mandatory before filing suit.
Most cases settle within three to six months, though some may take longer depending on manufacturer cooperation and court schedules.
Absolutely. The law applies equally to EVs and hybrids, including issues with charging systems, batteries, and drivetrains.
Yes, some motorcycles and motorhomes are covered if they were sold with a manufacturer’s warranty and used for personal purposes.
Modifications that do not cause or contribute to the defect typically do not affect your claim.
Yes. Always take your car to an authorized dealership for warranty repairs. Independent repair shops may void eligibility.
Intermittent or recurring problems still qualify if they substantially affect the vehicle’s safety, use, or value and are documented under warranty.
“As-is” vehicles are not covered unless a manufacturer’s or dealer’s warranty was provided at the time of sale.
If you consistently report a defect and the dealer cannot identify or repair it, those visits still count toward your Lemon Law claim. Keep every repair order and document the issue each time..
Typically, two or more for a safety defect, or four or more for other substantial defects.If your vehicle is out of service for 30 cumulative days, that may also qualify.
You have four years from when you discovered or should have discovered that your car was a lemon. However, it is best to act as soon as the dealership fails to fix your vehicle after repeated attempts.
Yes. Continue making your regular payments until your case is resolved. If your vehicle is repurchased, you will be reimbursed for qualifying payments, and your loan or lease will be paid off by the manufacturer. Stopping payments could negatively affect your credit.
For a purchased vehicle, you may receive repayment of the total purchase price and associated costs, minus the mileage offset.
For a leased vehicle, you may receive repayment of lease payments, fees, and your initial lease payment. The manufacturer must also payoff the remaining lease balance.
Yes. The Lemon Law covers both purchases and leases. The remedies differ slightly:
If your repair attempts began while the warranty was still valid, your claim can still qualify even if the warranty expired later.
Yes. Used vehicles are covered if they are sold or leased with a remaining manufacturer’s warranty or a qualifying dealer warranty.
A vehicle with a substantial defect that impairs its use, value, or safety, and which the manufacturer or dealer cannot repair within a reasonable number of attempts during the warranty period.
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At Bakh Law Group, we’ve handled thousands of personal injury and car accident cases throughout California. We understand the nuances of negligence law, insurance tactics, and the courtroom strategies that lead to successful outcomes.
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