Changes to California’s Lemon Law Starting in 2025

For consumers seeking buybacks, replacements, or civil penalties for defective vehicles under the Song Beverly Consumer Warranty Act or California’s Lemon Law, starting in 2025, California’s lemon law procedures are getting a major overhaul. Here is what vehicle buyers and consumers need to know:

Tighter Time Limits to File a Claim

A consumer now has less time to bring a lemon law claim. Under the new rules:

• A consumer must file their lemon law claim within one year of the applicable express warranty’s expiration, and
• No later than six years from the vehicle’s original delivery date.

Waiting too long could mean a consumer losing their lemon law claim entirely.

Written Demand Required to Pursue Civil Penalties

In order to pursue civil penalties, a consumer must first send a written demand to the vehicle manufacturer requesting to repurchase or replace the vehicle. The demand must:

• Include the consumer’s name, VIN, and a summary of the repair issues;
• Be sent before filing a lawsuit that includes civil penalties; and
• Be delivered by certified mail or email to the address the manufacturer provides for lemon law claims.

Attaching copies of a purchase or lease contract, repair orders, and vehicle registration can help the manufacturer assess the demand more expeditiously.

A Consumer Must Still Have the Vehicle When Sending the Demand

A consumer is only eligible to claim penalties if they have the vehicle in their possession at the time the repurchase or replacement letter is sent. The consumer:

• Must keep the vehicle for at least 30 days after the manufacturer receives the notice.
• If the manufacturer offers to resolve the claim, the consumer needs to keep the vehicle up to 60 days after the vehicle manufacturer received the letter.

Vehicle Manufacturer Has 30 Days to Respond

Once the demand is received, the manufacturer has:

• 30 days to make an offer, and
• 60 days to complete the buyback or replacement.

No Civil Penalties Without the Demand Letter

If the consumer skips the pre-suit notice, the consumer can still file a lemon law claim, but the consumer won’t be allowed to seek civil penalties.

Covered Vehicles

The updated law covers cars, trucks, motorhomes, travel trailers, including towable RVs

Bottom Line

For a consumer to preserve their rights under California’s lemon law, especially the right to seek civil penalties, a consumer should:

1. Send a written demand with all required info,
2. Keep the vehicle in their possession, and
3. Provide the vehicle manufacturer an opportunity to respond.

If a consumer is unsure how to handle the process, an experienced lemon law attorney can help through the process and draft the demand letter.

DISCLAIMER

The information on this posting is for general information and/or educational purposes only and should not be construed as legal advice or a guarantee on the outcome of a particular case. This publication may contain dramatization. This posting is intended for California consumers only. This posting is considered advertisement by Luis Aguirre Law, who is also responsible for its content. Viewing, reading, or receiving the information on this posting does not create an attorney-client relationship. We are not your attorneys until you sign a written contract with Luis Aguirre Law, and the contract is fully executed (signed by attorney). Although information on this posting is deemed accurate, information on this posting should not be acted or relied upon without first conducting an independent investigation and/or obtaining qualified legal counsel, or you do so at your own risk. Attorney is licensed in the state of California only. Attorney Luis Aguirre is bilingual and also speaks Spanish and will provide help in Spanish if you request it. Although attorney limits his practice to the particular field of breach of contract – lemon law, attorney is not a certified specialist in this particular field or any other field of law. See “Our Policies” tab for further details regarding our Privacy Policy, Disclaimer, and Attorney’s Fees.