
Electric vehicles (EVs) continue to grow in popularity across California as more drivers choose environmentally friendly transportation and advanced automotive technology. While EVs offer many benefits, they also introduce unique mechanical and software systems that differ significantly from traditional gasoline-powered vehicles. Understanding how the EV Lemon Law applies to battery and charging defects can help consumers recognize when recurring warranty problems may allow for further evaluation.
Understanding EV Battery Defects
The battery is one of the most important and expensive components of an electric vehicle. Unlike a traditional 12-volt battery used primarily to start an engine, an EV relies on a large high-voltage battery pack to power the vehicle's electric motor.
Battery-related defects may include:
- Unexpected battery failure
- Significant reduction in driving range beyond normal degradation
- Failure to maintain or accept a charge
- Internal battery cell failures
- Battery overheating
- Battery management system malfunctions
- Warning lights related to battery performance
It is important to distinguish between normal battery aging and an actual defect. All lithium-ion batteries gradually lose some capacity over time. However, a defect generally involves an abnormal condition that affects the vehicle's operation or requires repeated warranty repairs.
Charging System Problems Can Be Different
Charging issues are not always caused by the battery itself. Many charging problems involve separate vehicle systems that communicate with charging equipment.
Examples include:
- Vehicle refusing to charge
- Charging repeatedly stopping before completion
- Charging port malfunctions
- Faulty onboard charger
- Software preventing charging
- Communication failures between the vehicle and charging station
- Charging taking significantly longer than expected because of a malfunction
- Error messages that prevent charging
Battery Defects vs. Charging Defects
Although both issues may affect the ability to operate an EV, battery defects and charging defects often involve different vehicle systems.
Battery defects commonly involve:
- High-voltage battery cells
- Battery modules
- Battery management systems
- Internal electrical components
- Thermal management systems
Charging defects may involve:
- Charging ports
- Onboard charging units
- Charging control modules
- Electrical connectors
- Vehicle software
- Communication systems between the charger and vehicle
Software Plays a Larger Role in EV Defects
Modern electric vehicles rely heavily on software to control nearly every aspect of vehicle operation.
Software may regulate:
- Battery charging
- Battery temperature
- Energy distribution
- Regenerative braking
- Range calculations
- Power delivery
- Charging schedules
- Safety monitoring
How California Lemon Law May Apply
California's Lemon Law generally applies when a manufacturer is unable to repair a warranty-covered defect after a reasonable number of repair opportunities or when the vehicle is out of service for warranty repairs for an extended period.
However, EV cases often involve more technical documentation because repairs may include:
- Software updates
- Battery diagnostics
- Battery module replacement
- High-voltage system repairs
- Charging system repairs
- Electronic control module replacement
Each repair visit helps document the vehicle's repair history and may become an important part of evaluating a potential Lemon Law claim.
Why Documentation Is Especially Important
Electric vehicle repairs can sometimes involve lengthy diagnostic procedures before technicians identify the underlying cause of a problem.
Owners should consider maintaining copies of:
- Repair orders
- Warranty repair invoices
- Diagnostic reports
- Battery health evaluations
- Software update records
- Service recommendations
- Communications with the dealership
These records may help establish the repair history if warranty issues continue over time.
Not Every Charging Problem Is a Lemon Law Issue
Some charging concerns result from factors outside the vehicle itself.
For example, charging interruptions may be related to:
- Home charging equipment
- Electrical service issues
- Public charging station malfunctions
- Improper charging equipment installation
- Power interruptions
- Incompatible charging equipment
Signs That May Warrant a Legal Review
Every case depends on its own facts, but some situations may justify speaking with an attorney familiar with California warranty law.
Examples include:
- Multiple repairs for the same battery problem
- Repeated charging failures despite repairs
- Extended periods where the vehicle remains at the dealership
- Multiple software updates that do not resolve the issue
- Battery replacement followed by recurring defects
- Persistent warning lights affecting vehicle operation
- Ongoing loss of vehicle functionality despite warranty repairs
An attorney can review the repair history and explain how California Lemon Law may apply based on the available documentation.
Legal Guidance
Electric vehicle warranty claims often involve complex technology that differs from traditional automotive repairs. Battery systems, charging equipment, software updates, and electronic control modules may all contribute to recurring issues that require careful evaluation.
Whether a vehicle qualifies under California's Lemon Law depends on several factors, including the nature of the defect, the manufacturer's warranty coverage, the repair history, and the number of opportunities provided to address the problem. Understanding your rights early in the repair process may help you make informed decisions about preserving records and evaluating available legal options.
How KAASS LAW Can Help
KAASS LAW assists individuals with evaluating vehicle warranty concerns, including matters involving electric vehicles. If your EV has experienced recurring battery defects, charging system problems, software-related issues, or other warranty-covered concerns that remain unresolved after repair attempts, our legal team can review your repair history and discuss whether California Lemon Law may apply to your circumstances.
Our attorneys work with clients to examine warranty records, dealership repair documentation, and manufacturer communications in order to assess potential legal options. If you have questions regarding recurring EV warranty repairs, KAASS LAW can provide information about the legal process and help you understand the options that may be available under California law. Contact KAASS LAW today to learn more.

Purchasing a new or used vehicle is a significant investment, and most drivers expect their car to operate safely and reliably. Unfortunately, some vehicles develop persistent defects that continue despite multiple repair attempts. Although Lemon Laws exist in every state in some form, the specific requirements vary. Understanding the general requirements and reviewing a state-by-state warranty checklist can help you determine whether your vehicle may qualify for protection under your state's Lemon Law.
What Is Lemon Law?
Lemon Laws are consumer protection statutes designed to provide legal remedies when a vehicle contains substantial defects that cannot be repaired within a reasonable number of attempts while covered by the manufacturer's warranty.
Although each state has its own requirements, Lemon Laws generally apply when:
- The defect substantially affects the vehicle's use, value, or safety
- The problem occurred during the applicable warranty period
- The manufacturer or authorized dealership has been given a reasonable number of opportunities to repair the defect
- The defect continues despite those repair attempts
Many states also have separate protections for used vehicles, certified pre-owned vehicles, motorcycles, RVs, or leased vehicles.
State-by-State Warranty Checklist
While every state's Lemon Law is unique, the following checklist covers the common questions consumers should ask.
Is Your Vehicle Still Under the Manufacturer's Warranty?
Many Lemon Law claims involve defects that first appear while the original factory warranty remains in effect. In some states, the vehicle must also meet certain mileage or age limitations.
If your vehicle is outside the warranty period, other consumer protection laws or warranty claims may still be available depending on your circumstances.
Is the Defect Significant?
Most Lemon Laws require the defect to be substantial rather than cosmetic.
Examples may include:
- Engine failures
- Transmission problems
- Brake defects
- Steering issues
- Electrical system failures
- Repeated software malfunctions
- Battery defects in electric vehicles
- Persistent warning lights related to critical vehicle systems
Minor cosmetic concerns generally do not qualify unless they are connected to a more serious mechanical or safety issue.
Have There Been Multiple Repair Attempts?
Most states require manufacturers to receive a reasonable opportunity to repair the defect.
Although the number varies, many states consider:
- Three or four unsuccessful repair attempts for the same substantial defect, or
- One or two repair attempts for serious safety-related defects.
Keeping detailed repair records is often one of the most important parts of documenting a potential Lemon Law claim.
Has the Vehicle Been Out of Service for an Extended Period?
Some states focus less on the number of repairs and more on how long the vehicle has remained unavailable.
Does Your State Cover Used Vehicles?
Not every state's Lemon Law covers used cars.
Some states:
- Cover only new vehicles.
- Extend protection to certified pre-owned vehicles.
- Include used vehicles still covered by the original manufacturer's warranty.
- Offer separate used vehicle warranty protections.
Reviewing your state's specific requirements is important when evaluating eligibility.
Does Your State Require Manufacturer Notice?
Certain states require consumers to notify the manufacturer in writing before filing a Lemon Law claim. This notice may provide the manufacturer with a final opportunity to inspect or repair the vehicle before additional legal action may be pursued.
Why Documentation Matters
One of the most common challenges in Lemon Law matters involves incomplete records.
Helpful documentation may include:
- Repair orders
- Warranty information
- Purchase agreement
- Vehicle registration
- Manufacturer correspondence
- Recall notices
- Photographs or videos of recurring problems
- Service invoices
These records may help establish when the defect began, how frequently it occurred, and what repair attempts were made.
What If the Problem Is a Software Defect?
As modern vehicles become increasingly dependent on technology, software-related defects are becoming more common.
Repeated software problems may involve:
- Infotainment system failures
- Electronic braking systems
- Advanced driver assistance features
- Battery management systems
- Charging failures for electric vehicles
- Unexpected loss of power
- Vehicle communication system errors
Whether software issues qualify under a state's Lemon Law depends on the nature of the defect, its impact on the vehicle, and applicable state law.
Every State Has Different Lemon Law Requirements
States differ on:
- Warranty coverage periods
- Mileage limits
- Required repair attempts
- Arbitration requirements
- Covered vehicle types
- Notice requirements
- Available legal remedies
For that reason, determining whether a vehicle qualifies requires reviewing the specific laws that apply where the vehicle was purchased, registered, or covered.
Legal Guidance
If your vehicle continues experiencing the same significant defect despite multiple repair attempts, reviewing your warranty documents and repair history may help you better understand your legal options. Lemon Law eligibility depends on several factors, including the manufacturer's warranty, repair records, the nature of the defect, and the requirements of the applicable state law. Acting promptly may also be important, as many states have deadlines that affect Lemon Law claims.
How KAASS LAW Can Help
KAASS LAW assists consumers who have questions about defective vehicles and manufacturer warranty disputes. Our legal team can review repair records, warranty information, service history, and other available documentation to help evaluate whether a vehicle may qualify for relief under the applicable Lemon Law or other consumer protection statutes.
If appropriate, we can explain the legal process, discuss available options based on your individual circumstances, and help you make informed decisions regarding your potential claim. Every case is unique, and outcomes depend on the specific facts, applicable law, and available evidence. Contact KAASS LAW today to learn more.

Electric vehicles (EVs) continue to grow in popularity as consumers seek alternatives to traditional gasoline-powered vehicles. In addition, companies such as Jeep, Ford, Dodge, Chevrolet, Tesla, and others have invested in electric-vehicle technology over the years. While many EV owners report positive experiences, some drivers have encountered recurring battery-related problems that can affect vehicle performance, reliability, and safety. When a new vehicle repeatedly experiences substantial defects that manufacturers are unable to repair after a reasonable number of attempts, state Lemon Laws may provide legal remedies for consumers.
Understanding EV Battery Defects
The battery pack is one of the most important and expensive components in an electric vehicle. Unlike conventional vehicles, EVs depend entirely on high-voltage battery systems to operate.
When battery systems malfunction, drivers may experience issues such as:
- Significant loss of driving range
- Failure to charge properly
- Unexpected battery shutdowns
- Warning lights and error messages
- Sudden reductions in vehicle power
- Charging system failures
- Electrical system malfunctions
- Battery overheating concerns
Jeep Electric Vehicle Battery Concerns
Jeep has entered the electric vehicle market with various models. Some owners have reported concerns involving:
- Charging system malfunctions
- Electrical faults
- Battery warning messages
- Unexpected power loss
- Software-related battery management issues
While many of these concerns may be resolved through recalls, software updates, or repairs, persistent issues may raise questions regarding Lemon Law eligibility.
Consumers should maintain detailed records of repair visits, diagnostic reports, and manufacturer communications whenever recurring battery-related problems occur.
Ford EV Battery Issues
Ford's electric vehicle models include the Mustang Mach-E and the F-150 Lightning.
Certain owners have reported concerns involving:
- Battery module failures
- Charging interruptions
- High-voltage battery warnings
- Reduced vehicle performance
- Unexpected vehicle shutdowns
Ford has issued recalls and technical service announcements addressing various battery and software-related concerns over the years. While recalls often provide important remedies, some consumers continue experiencing recurring issues even after repairs have been completed.
If a defect repeatedly returns after multiple repair attempts, the vehicle owner may wish to explore whether state consumer protection laws apply.
Dodge and EV Technology Challenges
As Dodge expands into the electric vehicle market, new technologies may occasionally raise consumer concerns.
Potential issues may include:
- Battery performance inconsistencies
- Charging system defects
- Software integration problems
- Electrical system failures
Manufacturers usually work to address these issues through updates, recalls, and warranty repairs. However, recurring defects that significantly affect vehicle operation can create frustration for owners who depend on their vehicles for daily transportation.
Chevrolet EV Battery Concerns
Chevrolet has produced several electric vehicle models, including the Bolt EV and Bolt EUV.
One of the most common EV battery issues involves battery manufacturing defects that often lead to concerns regarding potential battery fires in certain vehicles.
Some owners reported:
- Fire risk concerns
- Battery replacement delays
- Reduced charging recommendations
- Vehicle usage restrictions
Common Warning Signs of Potential EV Lemon Law Problems
Consumers should pay attention to recurring battery-related signs, including:
Repeated Warning Lights
Persistent battery, charging, or electrical system warnings may indicate unresolved underlying issues.
Frequent Service Visits
Multiple repair appointments for the same battery defect may suggest a recurring problem.
Charging Failures
Vehicles that repeatedly fail to charge correctly or stop charging unexpectedly can create significant inconvenience.
Safety Concerns
Battery overheating, smoke, unusual odors, or unexpected power loss should be addressed immediately.
Battery Fires and Safety Concerns
Battery fires receive significant public attention because lithium-ion battery systems operate differently from gasoline-powered vehicles. When safety-related defects are identified, manufacturers may issue recalls or provide repair programs designed to reduce risk. Consumers who receive recall notices should immediately follow manufacturer recommendations and schedule inspections or repairs.
Legal Guidance for Consumers
California's Lemon Law may provide remedies for specific vehicle defects. Oftentimes, a vehicle may qualify if:
- The defect is covered under the manufacturer's warranty;
- The manufacturer or dealership has had a reasonable opportunity to repair the issue
- The defect substantially affects the vehicle's use, value, or safety.
Electric vehicles are generally subject to the same Lemon Law principles as traditional vehicles.
Consumers may benefit from:
- Keeping copies of repair orders
- Documenting dates and mileage
- Saving photographs or videos of defects
- Retaining recall notices and manufacturer communications
- Tracking the number of days the vehicle remains out of service
Individuals may also consider speaking with a legal professional to better understand their rights and responsibilities moving forward.
How KAASS LAW Can Help
Consumers experiencing recurring battery defects in electric vehicles may have questions regarding their rights and available legal options. Determining whether a vehicle qualifies under California's Lemon Law or other consumer protection laws depends on the specific facts and circumstances involved.
At KAASS LAW, we assist clients in evaluating potential Lemon Law claims, including electric vehicles and plug-in hybrid models. Our team may review repair histories, warranty information, and documentation to help consumers better understand the legal issues that may apply to their situations.
If your electric vehicle has experienced repeated battery-related problems, charging failures, electrical defects, or other recurring issues, you may wish to seek legal guidance regarding your rights under applicable consumer protection laws. Call KAASS LAW today to learn more and discuss your potential options.
%2520(1).avif&w=1536&q=75&dpl=57f365fd18f013d2806fd4e6a68ecb39dcbb3c46)
California’s lemon law system has gone through procedural changes in recent years, especially with the passage of Assembly Bill 1755 and Senate Bill 26. One issue receiving increased attention is whether drivers may recover insurance premiums paid on a defective vehicle. Understanding how the law currently works can help California consumers better evaluate their options when dealing with repeated vehicle problems, prolonged repair delays, or manufacturer buyback disputes.
What Is California’s Lemon Law?
California’s lemon law is often handled by the Song-Beverly Consumer Warranty Act. The law applies to many new vehicles and, in some situations, certain used vehicles that remain covered by a manufacturer's warranty. Usually, the law may apply when a manufacturer or dealership cannot repair a significant defect within a reasonable number of attempts. Common issues may include, but are not limited to, the following.
- Engine defects
- Transmission failures
- Electrical system problems
- Brake malfunctions
- Battery defects in electric vehicles
- Steering or suspension issues
- Persistent warning lights or software failures
When a vehicle constantly experiences serious defects, the consumer may be able to pursue alternatives that can include:
- Repurchasing
- Replacing
- Asking for a reimbursement for the specific damages
What Changed Under AB 1755 and SB 26?
Key changes associated with AB 1755 and SB 26 include:
Pre-Suit Notice Requirements
Consumers pursuing certain civil penalty claims may now need to provide written notice to the manufacturer before filing suit.
Updated Statute of Limitations
The recent changes also intensified filing deadlines. In many cases:
- Claims generally must be brought within one year after warranty expiration
- There is now an outside limit of six years from vehicle delivery
Missing these deadlines may affect a consumer’s ability to pursue a claim.
Are Insurance Premiums Recoverable in a Lemon Law Case?
Under California lemon law, consumers may seek recovery for several categories of losses connected to a defective vehicle. Depending on the circumstances, recoverable amounts may include but are not limited to the following.
- Vehicle payments
- Down payments
- Sales tax
- Registration fees
- Finance charges
- Incidental damages
Historically, many lemon law settlements also included reimbursement for related expenses such as:
- Towing costs
- Rental vehicles
- Storage fees
- Registration renewals
- Insurance premiums
When Insurance Reimbursement Claims May Be Stronger
Not every lemon law claim involving insurance premiums will be viewed the same way. Certain facts may strengthen a reimbursement request, including:
Repeated Repair Delays
If the vehicle spent significant time out of service while the manufacturer repeatedly attempted repairs, insurance expenses may appear more directly connected to the defect dispute.
Delayed Buyback or Repurchase
Consumers sometimes continue paying for insurance only because the manufacturer delayed resolving the claim or repurchasing the vehicle.
Specialty or High-Cost Vehicles
Some vehicles carry expensive insurance premiums. If the vehicle became difficult or impossible to use due to defects, those ongoing insurance costs may become more significant in settlement discussions.
Strong Documentation
Claims are often stronger when consumers maintain organized records, including:
- Insurance declarations pages
- Monthly premium invoices
- Credit card or bank payment records
- Repair invoices and service histories
Situations Where Insurance Reimbursement May Be More Difficult
Some reimbursement requests may face greater resistance from manufacturers. Examples of this may include:
- Lack of supporting payment records
- Situations where the vehicle remained largely usable despite repairs
- Minimal repair history
Why Documentation Matters in Lemon Law Cases
Consumers dealing with ongoing vehicle problems should consider keeping detailed records from the beginning of the dispute. Helpful documents may include:
- Purchase contracts
- Warranty materials
- Repair orders
- Text or email communications with dealerships
- Insurance payment records
- Towing receipts
- Rental vehicle invoices
Organized documentation may help clarify timelines and demonstrate how the defect affected the consumer’s daily use of the vehicle.
Practical Demand Package Considerations
In some cases, consumers or their attorneys prepare a formal demand package before litigation or settlement discussions. These packages may include requests for reimbursement involving:
- Repurchase amounts
- Taxes and registration fees
- Finance charges
- Towing expenses
- Rental vehicle costs
- Insurance premiums paid during the unresolved defect period
- Other incidental expenses
Supporting documentation is often attached to strengthen the request and establish a clear timeline.
Legal Guidance for California Consumers
Vehicle defect disputes can become complicated when repair histories, warranties, and reimbursement issues overlap with one another. Consumers may wish to seek legal guidance if:
- Their vehicle has undergone repeated repairs for the same issue
- The manufacturer delays responding to buyback requests
- The vehicle spends extended time in the repair shop
- Safety-related defects continue after repairs
- Out-of-pocket expenses continue increasing
An attorney may help review repair records, warranty coverage, deadlines, and possible reimbursement categories under California law.
How KAASS LAW Can Help
KAASS LAW may assist California consumers with a variety of vehicle-related legal matters, including disputes involving warranty concerns and defective vehicles. Our legal team may help clients:
- Review repair histories and warranty documentation
- Evaluate potential lemon law eligibility
- Analyze possible incidental damages and reimbursement categories
- Communicate with manufacturers and dealerships
- Prepare claims and supporting documentation
Consumers dealing with ongoing vehicle defects may benefit from obtaining guidance to better understand their case. Contact KAASS LAW today to learn more.

California Lemon Law 2026: What Drivers Should Know When a New Vehicle Has Persistent Problems
Consumers who purchase a new vehicle expect that it will run smoothly and reliably for a reasonable amount of time. When a new car begins to have performance issues and continuously breaks down, it becomes frustrating and poses significant dangers to consumers. California’s Lemon Law of 2026 provides crucial protections for customers who may be facing vehicle repair issues. Understanding this law can help prevent the risk of unnecessary harm that can be caused by frequent car repairs.
Understanding California Lemon Law
This law was made to protect customers who purchase vehicles that do not meet warranty standards. California’s Lemon Law applies to cars whose defects are covered by a manufacturer’s warranty that pose risks to their use, safety, and overall value. The following are the main focus points of California’s Lemon Law.
- Specifically applies to new vehicles that are purchased in California and are covered by a manufacturer’s warranty.
- Requires manufacturers to repair defects within a reasonable number of attempts
- The consumer may have the option to obtain a refund.
This law ensures that if a car cannot be repaired after multiple attempts, the manufacturer must address the issue to decrease the possibility of further damage.
What Qualifies a Car as a “Lemon”
A vehicle qualifies as a “lemon” when the following problems occur.
- Engine problems
- Electrical failures
- Steering problems
- Transmission issues
- Brake defects
- Battery issues
- Air conditioning or heating issues
- Safety system failures
Understanding these problems can help consumers determine if their vehicle qualifies as a “lemon.” If this is the case, then customers may be eligible to receive compensation for the damage.
Steps to Take If Your New Car May Be a Lemon
1. Keep All Documentation
Important documentation and records that may be kept include:
- Repair orders and service invoices
- Warranty information
- Purchase or lease agreement
- Communication with the dealership or manufacturer
- Receipts for related expenses, such as towing or rental cars
These records may help build your claim in the future and provide information about the vehicle's defects and repairs.
2. Report Problems Promptly
Reporting issues promptly can help investigators understand the urgency of the vehicle's problems. Scheduling repair appointments, clearly communicating, and keeping copies of all service records can also positively impact the case.
3. Allow the Manufacturer a Reasonable Opportunity to Repair
Manufacturers usually have the right to attempt repairs under the warranty. Consumers should return the vehicle if the problem reappears, and keep track of how long the vehicle is in the repair shop.
4. Provide Written Notice if Required
Recent updates to California’s lemon law procedures may instruct consumers to send a written statement to the manufacturer before pursuing certain legal claims. This notice usually:
- Describes the defect
- Requests a refund or replacement
- Allows the manufacturer a final opportunity to resolve the issue
5. Explore Arbitration Options
Many manufacturers participate in state-certified arbitration programs to resolve warranty disputes. Arbitration may allow:
- Informal resolution of disputes
- Review of repair records and warranty information
- A neutral decision regarding eligibility for relief
Refund vs Replacement: Understanding the Remedies
If a vehicle qualifies as a lemon, California law may provide several potential remedies.
Refund (Buyback)
A manufacturer buyback may include the following:
- The vehicle’s purchase price
- Sales tax and registration fees
- Certain additional costs related to the purchase
However, deductions may apply for mileage driven before the defect was first reported.
Replacement Vehicle
A replacement vehicle may also be offered by the manufacturer instead of a refund. This typically involves the following.
- A new vehicle of comparable value
- Transfer of the warranty coverage
- Payment of certain registration or fee differences
The consumer may have the option to choose between a refund and a replacement, depending on the circumstances of their case.
Situations Where Lemon Law May Not Apply
The following are instances when California’s Lemon Law may not apply.
- Vehicles without a manufacturer's warranty
- Defects caused by accidents or misuse
- Normal wear and tear
- Issues that do not significantly affect the vehicle’s use, safety, or value
Understanding these circumstances can help individuals become aware of the instances when California’s Lemon Law may apply.
How a Consumer Attorney May Assist
An attorney may help customers understand their legal rights and whether their vehicle can qualify as a “lemon.” An attorney may review warranty records and communicate with manufacturers regarding the case. Legal guidance can provide a sense of peace for customers, as California Lemon Laws can become challenging and complex.
How KAASS LAW Can Help
The attorneys at KAASS LAW acknowledge the challenges that come with constant vehicle repairs. KAASS LAW can help clients understand California Lemon Laws and provide them with guidance on the steps needed to pursue a claim. Dealing with car repairs can be overwhelming and extremely challenging at times. Call KAASS LAW today to speak with a legal professional and understand your rights.

For decades, the Song-Beverly Consumer Warranty Act has served as a powerful shield for California consumers. It provided a clear path to relief when a vehicle turned out to be a "lemon." However, the landscape of these protections has shifted significantly with the start of the new year. Major legislative updates, specifically through Assembly Bill 1755 and Senate Bill 26, have introduced strict new timelines and procedures. These changes aim to streamline the resolution process but also place new burdens on vehicle owners.
Understanding these updates is critical for anyone purchasing a new or used vehicle in 2025. The rules for filing a claim, the deadlines you must meet, and the steps required to receive compensation have all been overhauled. If you drive a vehicle that is constantly in the shop for repairs, being unaware of these changes could cost you your right to a refund or replacement.
Stricter Statute of Limitations
One of the most urgent changes involves the timeframe for filing a lawsuit. Previously, the statute of limitations was often interpreted more loosely, typically allowing four years from the time a consumer discovered the defect. The new law imposes a much tighter and more rigid deadline.
Under the new rules, a consumer must file a Lemon Law lawsuit within one year of the expiration of the manufacturer's express warranty. Furthermore, there is an absolute cut-off: no claim can be filed more than six years after the vehicle's original delivery to the first owner.
Why Timing Is Now Critical
This change means you can no longer afford to "wait and see" if a problem resolves itself. If your warranty expires and you wait 13 months to take legal action, your claim may be barred forever. Similarly, if you buy a used car that is five years old, you may have very little time left to discover a defect and file a claim before the six-year window from the original delivery date closes.
The New Pre-Dispute Notice Requirement
Starting in April 2025, the process for seeking "civil penalties", essentially double damages for a manufacturer's willful failure to comply, will require an extra procedural step. Before you can file a lawsuit demanding these extra penalties, you must send a formal written notice to the manufacturer.
This notice must include specific details, such as your name, the Vehicle Identification Number (VIN), and a summary of the repair history. You must also explicitly request a repurchase or replacement of the vehicle.
The Manufacturer’s Response Window
Once the manufacturer receives this notice, they have 30 days to respond. If they agree to buy back or replace your vehicle, they must complete the transaction within 60 days. If they comply within this timeframe, they can avoid paying civil penalties. This provision is designed to encourage quicker settlements without clogging the courts, but it also means consumers must follow the protocol precisely to maximize their potential compensation.
Mandatory Mediation and Streamlined Discovery
The new legislation aims to reduce the backlog of cases in California courts by forcing earlier resolution efforts. If a lawsuit is filed, the new law mandates an early mediation session. This requires both the consumer and the manufacturer to sit down with a neutral third party to try to settle the case before it drags on for years.
In addition, the discovery process—the phase where both sides exchange evidence—has been streamlined. Both parties are now required to disclose key documents, such as repair orders and internal communications, much earlier in the litigation process. This transparency is intended to help both sides evaluate the strength of the case sooner.
The "Opt-In" System for Manufacturers
Senate Bill 26 introduced a unique "opt-in" mechanism. Manufacturers can choose whether to be governed by these new expedited procedures or stick to the traditional litigation process. Manufacturers who opt in are bound by these rules for a five-year period.
For consumers, this adds a layer of complexity. You will need to verify if your vehicle's manufacturer has opted into this new system, as it will dictate the specific deadlines and procedural steps you must follow. You can check the status of manufacturers through the Department of Consumer Affairs Arbitration Certification Program.
Impact on Used Vehicle Buyers
The six-year absolute deadline from the date of original delivery is particularly important for used car buyers. If you purchase a "Certified Pre-Owned" vehicle that is already four or five years old, you have a significantly shorter window to identify defects and file a claim compared to someone who bought the car new.
If you are in the market for a used car, we strongly advise you to request the original delivery date before signing any contracts. Knowing exactly when that six-year clock started ticking is now a vital part of your due diligence. Furthermore, if a dealership misrepresents the vehicle's history or warranty status to hide these timelines, you may have grounds for a claim involving California fraud and misrepresentation laws.
Steps to Protect Your Rights in 2025
With these new hurdles in place, being proactive is the only way to safeguard your investment.
- Keep Meticulous Records: Save every repair order, invoice, and receipt. The new discovery rules make these documents essential from day one.
- Track Your Deadlines: Know exactly when your warranty expires and mark the date on your calendar.
- Act Immediately: Do not delay if you suspect your vehicle is a lemon. The tightened statute of limitations leaves no room for procrastination.
How KAASS LAW Can Help
Navigating these new procedural requirements can be overwhelming. A simple missed deadline or an improperly formatted notice letter could jeopardize your entire claim. At KAASS LAW, we stay ahead of these legislative changes to ensure our clients' rights are protected.
If you are dealing with a defective vehicle, we can help you understand whether your case falls under the new or old rules. Furthermore, if you are unsure of your vehicle's warranty status or need assistance drafting the mandatory pre-dispute notice, please contact our team for a consultation. We can manage the strict timelines and communication with the manufacturer on your behalf, ensuring you don't miss out on the compensation you deserve.
The complete text of Assembly Bill 1755 regarding these new requirements is available on the California Legislative Information website.