California’s lemon law gives you strong rights, but only for a limited time. Since 2025, the deadline to file a claim depends partly on which manufacturer made your vehicle, and for many drivers it’s shorter than it used to be. Faler Law Group helps California drivers understand their deadlines and act before they pass.
How Long Do You Have to File a Lemon Law Claim?
There are now two sets of rules, and which one applies depends on your vehicle’s manufacturer.
Manufacturers that opted into the newer procedures
Laws passed in 2024 and 2025 (AB 1755 and SB 26) created new lemon law procedures that manufacturers could choose to follow. For those manufacturers, a lemon law lawsuit generally must be filed within one year after the vehicle’s express warranty expires, and in any case no later than six years after the vehicle was first delivered. Some time can be added back in limited situations, such as while the vehicle is in the shop for repairs.
These procedures also require you to send the manufacturer a written repurchase or replacement request at least 30 days before filing a lawsuit that seeks civil penalties.
Other manufacturers
For manufacturers that didn’t opt in, the traditional rule applies. Courts have held that lemon law claims are subject to the four-year deadline for breach of warranty in California Commercial Code section 2725. That clock generally starts when you knew, or reasonably should have known, about the problem, though exactly when it starts depends on the facts.
Finding out which rules apply
The California Department of Consumer Affairs publishes a list of manufacturers that elected the new procedures. See the Department of Consumer Affairs’ lemon law page. An attorney can check this for you and calculate your deadline.
An Example
Say you bought a new car on January 1, 2020, with a five-year warranty that expired on January 1, 2025. If the manufacturer opted into the newer procedures, you would generally need to file by January 1, 2026, one year after the warranty expired, unless some time is added back. If the manufacturer didn’t opt in, the four-year rule would apply instead, measured from when the claim arose. Either way, the safest approach is not to wait until the end.
Other Time Limits That Matter
- Your warranty period. The defect and repair attempts generally need to happen while the manufacturer’s warranty is in effect, so keep track of when it expires by time and by mileage.
- The 18-month / 18,000-mile guideline. This is part of the Tanner presumption, which helps show a vehicle is a lemon. It isn’t a filing deadline, and problems that start later can still qualify.
- Related claims have their own deadlines. If a dealer also misrepresented the vehicle, fraud claims generally must be brought within three years of discovering the fraud, and Consumers Legal Remedies Act claims within three years of the deceptive practice.
Why Waiting Can Hurt Your Claim
- Deadlines under the newer procedures can run out just one year after your warranty ends.
- Repair records are easier to get, and memories are clearer, closer to when the problems happened.
- Manufacturers have set response periods under the new procedures, which take time to play out before a lawsuit can be filed.
- Selling, trading in or turning in the vehicle without advice can complicate what you need to prove.
What to Do Now
- Find your warranty booklet and note when the warranty expires by time and mileage.
- Gather every repair order showing your complaint, the dates and the mileage.
- Note the date you took delivery of the vehicle, from your purchase or lease contract.
- Don’t sign a release or accept a goodwill offer from the manufacturer without reading it carefully.
- Talk to an attorney soon. Deadlines depend on your manufacturer and your facts, and they can’t be extended once they pass.
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Want the full picture? Learn how California lemon law works.
Lemon Law Deadlines FAQ
What is the statute of limitations for lemon law in California?
It depends on your vehicle’s manufacturer. For manufacturers that opted into California’s newer lemon law procedures, a claim generally must be filed within one year after the express warranty expires, and no later than six years after the vehicle was first delivered. For other manufacturers, courts generally apply a four-year deadline that usually starts when you knew or should have known about the problem.
Can I file a lemon law claim after my warranty expires?
Often, yes, as long as the defect and repair attempts happened while the warranty was in effect and you’re still within the filing deadline. Under the newer procedures, though, the deadline is generally one year after the warranty expires, so don’t wait.
Do I have to notify the manufacturer before filing a lemon law lawsuit?
For manufacturers that opted into the newer procedures, you generally must give the manufacturer written notice requesting a repurchase or replacement at least 30 days before filing a lawsuit that seeks civil penalties. The manufacturer then has set deadlines to respond.
Does the 18-month or 18,000-mile rule mean I have to file within 18 months?
No. The 18-month or 18,000-mile period is part of the Tanner presumption, a guideline for when a vehicle is presumed to be a lemon. It isn’t the deadline to file a claim, and problems that start later can still qualify.
How do I know whether my manufacturer opted into the new rules?
The California Department of Consumer Affairs publishes a list of manufacturers that elected the new procedures. An attorney can check it for you as part of reviewing your case.