Wirtz Law Blog

If you bought a defective vehicle in California, recent changes to the state’s lemon law could impact your ability to hold the manufacturer accountable. Lawmakers rushed through legislation last year, reducing the time consumers have to demand a fix or replacement for faulty vehicles still under warranty. In April this year, the California legislature scrambled to revise the law again.

The new law limits consumer protections, making it harder to seek a buyback or repair. Some manufacturers could take advantage of loopholes to delay or deny valid claims. If you are unsure how these changes affect your case, acting quickly is essential. Missing a deadline or filing incorrectly could result in losing your right to compensation. Understanding these new changes is difficult, especially with different rules for different automakers. If you face issues with a lemon vehicle, an experienced California lemon law attorney can help determine your rights and fight for compensation.

What Is Happening with California’s Lemon Law?

For over 50 years, California’s lemon law has been considered one of the strongest in the nation. Under this law, car owners can demand a replacement or refund if a manufacturer fails to fix a serious defect after a reasonable number of repair attempts.

However, California’s lemon law changes were rushed through the legislature in the past two years. The new rules reduce the amount of time consumers have to file a lemon law claim, making it harder for car owners to seek compensation. Additionally, the responsibility to initiate legal action has shifted away from manufacturers and onto consumers, requiring them to take more steps before a claim for all your rights can proceed. Perhaps the most controversial change is the creation of a two-tier system, where manufacturers with a history of frequent lemon lawsuits can choose to follow the new different legal process and others can stay with the old law.

Indeed, Governor Gavin Newsom signed the first bill into law but quickly recognized the confusion it caused. He urged lawmakers to revisit the issue before the changes took effect. As a result, legislators worked very fast to pass Senate Bill 26, which now allows any automaker to opt in to the new law or continue operating under the previous rules. Consumers have no such choice.

Why Did Lawmakers Change the Law?

The number of lemon law lawsuits in California has grown rapidly in recent years. More than 22,000 cases were filed in 2023, with nearly 10% of all civil cases in Los Angeles County involving lemon law claims.

The auto industry pushed for changes, arguing that the courts were overwhelmed with lawsuits and that legal fees were driving up vehicle costs. However, consumer advocates warn that the new rules favor manufacturers at the expense of car buyers, making it harder to hold automakers accountable.   Consumer advocates ask a simple question: why not just make better cars with less defects rather than change the law to help automakers?

The most troubled car brands—General Motors (GM), Stellantis (formerly Fiat Chrysler), Nissan, and Ford—account for more than 70% of California’s lemon law cases. These companies pushed for changes, while other automakers, who face fewer lawsuits, opposed the bill.

How Do the Changes Affect Your Lemon Law Claim?

If you are dealing with a defective vehicle, these changes could affect how you pursue a claim. Depending on which manufacturer built your car, you may face:

• A shorter timeframe to demand a fix, replacement, or refund;
• More responsibility to initiate claims rather than relying on the automaker’s affirmative duty to buyback lemons; and
• Different legal rules depending on whether the manufacturer opts in to the new process.

These modifications confuse consumers, as automakers may follow different legal procedures. If a company made your vehicle with frequent lemon law lawsuits, your path to compensation could be more difficult than for someone dealing with a manufacturer that opted out. Additionally, automakers may now have greater leverage in disputes, forcing consumers into lengthy negotiations before receiving a refund or replacement.

Understanding which set of rules applies to your case is complicated. Working with a California lemon law attorney ensures you follow the correct legal process and avoid losing your right to compensation.

Which Car Manufacturers Are Most Affected?

The new two-tier system could confuse consumers. Some automakers will operate under one set of rules, while others will follow different legal processes.

The four most sued car companies—GM, Stellantis, Nissan, and Ford—face the highest number of lemon law claims and are expected to be most affected by these legal changes. Other car companies, including Toyota, Honda, and Hyundai, argue that the rushed legislation does not treat all manufacturers fairly and creates unnecessary confusion.

If your car was manufactured by a company with a history of lemon law lawsuits, you may face a different legal process than someone dealing with a defect from a brand with fewer lemon law claims. This could mean stricter deadlines, additional legal hurdles, or longer wait times for compensation. Some manufacturers may use these changes to delay buybacks or repairs, making it even harder for consumers to hold them accountable. Having an experienced attorney on your side can help you determine which rules apply to your case and ensure you receive the compensation you deserve.

Protect Your Rights Under California’s Changing Lemon Law

California’s lemon law is shifting, and car owners may face unexpected challenges when seeking compensation for defective vehicles. With new deadlines, varying legal processes, and manufacturers using loopholes to delay claims, understanding your rights is more important than ever. If your vehicle has persistent defects and the manufacturer is stalling or refusing a buyback, you need a legal team that knows how to fight back.

At Wirtz Law APC, we have a deep understanding of California’s evolving lemon law and a track record of holding automakers accountable. Don’t let changing law prevent you from getting the compensation you deserve. Call Wirtz Law APC at (858) 259-5009 for a free consultation and let us help you navigate this complex legal landscape.