Wirtz Law Blog

California has strengthened its Lemon Law protections with AB 1755, a bill that affects deadlines and procedures for consumers seeking restitution or vehicle replacement. If you own a defective car and need relief under the Song-Beverly Consumer Warranty Act or the Tanner Consumer Protection Act, these changes may impact your ability to file a claim. The new law sets stricter time limits, requires advance notice before taking legal action, and clarifies manufacturer obligations.

Understanding these updates is essential if you have an unresolved defect in your vehicle. Under AB 1755, you must file a Lemon Law claim within one year after your express warranty expires and no later than six years from the original delivery date. Additionally, you must provide the manufacturer with specific vehicle information and request a buyback or replacement in writing at least 30 days before filing a lawsuit to recover civil penalties.

New Deadlines for Filing a California Lemon Law Claim

Under AB 1755, the time limits for Lemon Law claims have changed, impacting when you can seek restitution or a replacement vehicle.

• One-year post-warranty deadline—you must file a claim within one year after your express warranty expires; and
• Six-year absolute deadline—no claims can be filed more than six years after the vehicle’s original delivery date, regardless of warranty coverage.

Previously, California law provided a 4-year statute of limitations after the warranty expired. By establishing these new time limits, AB 1755 lessens California consumer lemon law protections.

If you own a defective car and are unsure about your eligibility, reviewing your purchase date and warranty coverage can help determine your filing deadline. Delaying action may result in losing your right to compensation.

Advance Notice Requirement for Civil Penalty Claims

Before filing a lawsuit seeking civil penalties against a manufacturer, you must follow a 30-day notice requirement. This rule applies to cases where manufacturers willfully violate Lemon Law protections, allowing consumers to seek additional compensation beyond vehicle replacement or restitution.

To comply with AB 1755, you must:

• Provide written notice to the manufacturer at least 30 days before filing a lawsuit;
• Include specific vehicle information, such as the make, model, VIN, and a description of the defect; and
• Demand that the manufacturer repurchase or replace (the choice is yours) the vehicle within that period.

This requirement aims to encourage manufacturers to resolve disputes before litigation. If they fail to act within the 30-day window, consumers can proceed with their claims in court or arbitration, potentially increasing the financial consequences for manufacturers who refuse to comply.

How AB 1755 Affects Vehicle Buybacks and Replacements

Under existing law, manufacturers must replace or repurchase vehicles that qualify as lemons. However, AB 1755 clarifies procedural requirements for consumers and automakers. These updates are designed to limit the extent of information a consumer can get from the manufacturer to pursue a claim, with the expectation of reducing delays in vehicle buybacks. Only time will tell if that actually happens.

• On the positive side, Manufacturers must respond within 30 days after a request is made to buyback or replace a lemon vehicle.  
• Consumers must provide any documentation they might have showing the defect or defects persists after at least two repair repair attempts; and
• Mediation is now required for all cases, which is supposed to resolve claims faster than a jury trial or arbitration.

Why the Six-Year Deadline Matters

One of the most significant changes under AB 1755 is the six-year deadline for Lemon Law claims. In the past, California applied a 4-year statute of limitations from when the claim arose, which was typically construed to mean you had to bring your lawsuit within 4 years of the expiration of the applicable warranty. The previous law was consistent with California’s long standing breach of contract statute of limitations. The new law now gives the manufacturers a faster end to their liability for producing defective vehicles.

The six-year cap means that even if you purchase a car with a longer warranty period, you cannot wait until your warranty actually expires. You need to act much sooner, sometimes as soon as 4 years sooner than when your warranty expires. Essentially, this new law lets the manufacturers off the lemon law hook for the balance of any warranty longer than 6 years. Even if your vehicle has ongoing problems, once this deadline expires, you are no longer eligible for a buyback or replacement under California’s Lemon Law.

This restriction highlights why acting quickly is critical if you suspect your car may qualify as a lemon. If you wait too long to pursue a claim, you risk losing your legal right to compensation.

Impact of AB 1755 on California Consumers with Defective Vehicles

This law makes tracking your vehicle’s repair history more important than ever and taking timely action if problems continue. Several key takeaways can help you determine whether AB 1755 affects your claim:

• Check your express warranty’s expiration date. If your warranty expired over a year ago, you may no longer qualify for restitution.
• Verify your vehicle’s original delivery date. If six years have passed since delivery, your Lemon Law claim may be time-barred.
• Submit manufacturer notification early. Waiting until the last minute to demand a buyback could delay your ability to file a lawsuit.

Failing to meet these deadlines can prevent you from receiving compensation for a defective car. Keeping records of repair visits, correspondence with the manufacturer, and warranty details ensures you can act within the new legal framework.

What Consumers Should Do Now

If you suspect your vehicle qualifies as a lemon, now is the time to act. Review your warranty terms, confirm when you purchased your car, and gather documentation about your vehicle’s defects. You can avoid delays and meet the necessary deadlines under AB 1755 by preparing early.

Consumers who take proactive steps are more likely to secure buybacks or replacements without unnecessary disputes. Following the new pre-lawsuit notice requirement can also increase the chances of resolving your claim without litigation. By clearly documenting defects and making a timely demand for repurchase, you improve your position if the manufacturer refuses to comply.

Understanding these changes is essential for anyone dealing with a defective vehicle. Knowing your rights under California’s updated Lemon Law can help you make informed decisions and take action before time runs out.

Do You Have Questions About the Updated CA Lemon Law?

If your vehicle has turned out to be a lemon, you don’t have to face the stress and financial burden on your own. At Wirtz Law APC, our attorneys have recovered over $70 million for clients, achieving a 98% success rate in Lemon Law claims. We know how frustrating it is to deal with a defective vehicle, and we are committed to holding manufacturers accountable. You deserve a car that works as promised—don’t wait to take action. Schedule a free consultation today by calling 858-259-5009 or filling out our secure online contact form. Let us fight for the compensation and resolution you deserve.