California Lemon Law Changes Would Change Statute of Limitations
April 25, 2025- Categories: Lemon Law
The statute of limitations for filing a lemon law claim in California is about to change significantly for some automakers. Understanding the current statute of limitations is crucial to comprehending how this imminent change will affect your rights. Otherwise, you could find yourself stuck with a defective vehicle and be unable to obtain any legal relief.
California law permits you to file a lemon law claim if a new vehicle you purchased or leased has a substantial defect. The law gives the manufacturer or dealer a reasonable number of tries to fix the defect before allowing you to recover compensation. However, you must exercise these rights within the statute of limitations or lose them forever.
Understanding the Current Statute of Limitations for California Lemon Law Claims
The current statute of limitations in California for lemon law claims is four years from the date you knew or should have known the vehicle was a “lemon.” In other words the statute of limitations starts running when you reasonably should have known the vehicle was a “lemon.”.
To qualify for the lemon law’s protections, you must have presented the vehicle for a reasonable number of repair opportunities during the warranty period.
Once the statute of limitations has started to run, there are few events that will pause the countdown or extend the period, such as filing a lawsuit. Even notifying the manufacturer of the issue with your car does not satisfy the statute of limitations or pause its running. If you do not file your case within the statute of limitations, you will lose your right to bring a claim. Call Neale & Fhima to discuss If your vehicle qualifies for the lemon law process.
In 2025, the current statute of limitations will change, and not in a way that benefits consumers.
What Are the Proposed Changes to the Statute of Limitations?
In 2025, the current statute of limitations for lemon law claims will change, and not in a way that benefits consumers. Starting January 1, you will have only one year after the manufacturer’s warranty expires or six years from the original date the vehicle was purchased (if it’s a used vehicle, the date the first owner bought the car controls) to file your lemon law claim. Failing to meet these new deadlines will result in your losing your right to file a claim.
This is a significant change that is certain to cause car buyers confusion after the new year. To make matters even more obscure, new legislation passed on May 2025 that allows the automakers to opt-in or out of this new statute of limitations and the new rules that go along with it.
Other Changes to California’s Lemon Law
The statute of limitations is not the only modification the Assembly is making to the state’s lemon law. To seek civil penalties, the consumer will need to first send a written letter to the manufacturer demanding that it repurchase the defective vehicle. The manufacturer will then have 30 days to respond to this demand letter.
Contact Neale & Fhima APC at 949-661-1007 for professional assistance navigating California’s Lemon Law.
How These Changes Could Affect Consumers
Consumers who purchase a new car in California on or after January 1, 2025, must be aware that they will fall under the new statute of limitations. Although six years seems like a long time to file a claim, the change in the law can actually shorten the time period a consumer has to take legal action under the lemon law.
Current California Lemon Law Statute of Limitations
Consider the present lemon law and consumers’ understanding of the statute of limitations. Suppose that a consumer purchased a new vehicle from a dealership on January 1, 2024. Eighteen months after purchasing the vehicle, the consumer begins to notice problems with the car’s exhaust system. The consumer notices this issue and takes the vehicle in for warranty work.
This consumer would have until approximately July 1, 2029, to file a lemon law claim and seek damages. This date is four years from the date the consumer first noticed a vehicle defect that was covered by the manufacturer’s warranty.
Upcoming Changes to the Statute of Limitations
Now suppose that on January 1, 2025, a consumer purchases a new vehicle with a three-year, 36,000-mile warranty. The consumer drives the vehicle hard, accumulating 36,000 miles two years after purchasing the car. The consumer would then only have until January 1, 2028, to file a lemon law claim, as this date is one year after the manufacturer’s warranty expires.
What Auto Manufacturers Need to Know About the New Lemon Law
Car manufacturers must also understand the current statute of limitations for lemon law claims and how it will be impacted after January 1, 2025. While the time consumers have to file a claim can be shorter, this does not release the manufacturer from its duty to honor its warranties. Manufacturers must still attempt to repair a vehicle or be prepared to repurchase it.
Contact a California Lemon Law Attorney for Help Understanding the Current Statute of Limitations
Protecting yourself and asserting your legal rights under California’s lemon law is complicated. Even with an understanding of the current statute of limitations, upcoming changes will make it more difficult for you to get the compensation you deserve. Partnering with an experienced California lemon law attorney early can help ensure you do not exceed the statute of limitations and can receive the damages and other relief allowed by law.
If you believe you have purchased a lemon, contact Neale & Fhima APC, experienced California lemon law lawyers, at 949-661-1007 to request a consultation and discuss your rights.
Attorney Aaron Fhima
Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.
