If you bought or leased a car in California and it turned out to be a lemon, the rules for getting a refund or replacement changed in 2025. Assembly Bill 1755 (AB 1755) introduced new deadlines, notice requirements, and procedures that can affect whether your claim gets resolved—or gets shut down before it starts. The outcome may now depend on how quickly you act, what steps you take, and how well you document your case.
There’s Now a Hard Deadline to File Lemon Law Lawsuits
Before AB 1755, there was no fixed time limit written into the lemon law itself. Most claims followed the general rule that breach of warranty lawsuits had to be filed within four years, but the clock could start ticking at different points depending on the circumstances.
That’s over.
As of January 1, 2025, you have to file within one year after your vehicle’s express warranty ends—and no matter what, the absolute cutoff is six years from the date the car was first delivered. Even if the defect didn’t show up until late in the warranty, that six-year mark is now the outer boundary.
Example:
- Your warranty ends in year 3 → You have 1 more year to file (Year 4)
- Your warranty ends in year 5 → You still have until Year 6
- After Year 6 → You’re out, even if your issue happened in Year 5.9
There are some built-in pauses (known as tolling provisions) that stop the clock briefly—like when the car is in for repairs, during arbitration, or while waiting for the manufacturer to respond to your notice—but those are narrow and limited.
You Need to Send a Written Notice First—If You Want Civil Penalties
One of the biggest procedural shifts is the written notice requirement. Starting July 1, 2025, if you’re planning to sue and request civil penalties (extra damages for the manufacturer’s willful violation), you have to give the automaker a heads-up first.
That notice has to be:
- Be sent in writing (email or certified mail)
- Go to the address the manufacturer provides in the owner’s manual or on its website
- Include your name, VIN, a short history of repairs, and a direct request for a buyback or replacement
Without that step, your case can still move forward—but you won’t be able to ask for civil penalties, which can be significant. If you want maximum legal relief, this notice isn’t optional.
What Counts as a Valid Notice?
The law gives you some breathing room. You don’t need perfect formatting or legalese. As long as the required information is included and the message is clear, your notice counts—even if it’s not polished.
Manufacturers Have 30 Days to Respond—And 60 to Follow Through
Once you send that notice, the ball’s in the manufacturer’s court. If they want to avoid penalties:
- They have 30 days to offer a refund or replacement
- They then have 60 days to complete the buyback or swap
If they meet both deadlines, your case can’t include a civil penalty claim. But if they stall, ignore your notice, or delay the repurchase past 60 days, they lose that protection.
The structure gives manufacturers a narrow window to resolve legitimate claims before penalties become available. If they don’t respond or follow through within the timeline, the consequences shift in the consumer’s favor.
You Have to Keep the Car During the Waiting Period
Here’s something many consumers miss: Once you send your written notice, you need to hang on to the vehicle for at least 30 days. If the manufacturer makes a legitimate offer, you’re also expected to keep the car until the full repurchase or replacement is completed (up to 60 days).
Sell or dispose of the vehicle too early, and you could lose some of your rights under AB 1755. Manufacturers get a limited opportunity to resolve the issue once notice is sent. That makes it important to act early—ideally before you reach the point of wanting to get rid of the car altogether.
Key Deadlines and Timelines Under AB 1755
| Step | Deadline / Timeframe | What Happens If Missed |
|---|---|---|
| File a lemon law claim | Within 1 year of warranty expiration AND no later than 6 years from vehicle delivery |
Claim may be barred completely |
| Send written notice (if seeking penalties) | At least 30 days before filing lawsuit (mandatory after April 1, 2025) |
Cannot recover civil penalties if notice isn’t sent |
| Manufacturer responds to notice | Within 30 days of receiving it | If no offer is made, safe harbor is lost |
| Manufacturer completes buyback or replacement | Within 60 days of receiving notice | Consumer may sue for penalties |
| Consumer keeps possession of vehicle | Minimum of 30 days after manufacturer receives notice | Selling early may weaken or block claim |
| Settlement compliance (after case resolves) | Within 30 days of signed release | Manufacturer pays $50/day penalty for delay |
| Mandatory mediation | Scheduled within 90 days, held within 150 days of answer |
Required part of early litigation phase |
Mandatory Mediation and Early Discovery Under the New Rules
If the manufacturer doesn’t respond or the claim isn’t resolved through the notice process, the next phase is more structured than it used to be.
AB 1755 creates a mandatory mediation process that locks in early on. Within 90 days of the manufacturer filing an answer in court, both sides have to schedule a mediation session to take place within 150 days.
Meanwhile, you’ll be required to provide:
- The vehicle’s purchase or lease documents
- Registration
- Repair history
- Any communication you’ve had with the manufacturer
- Documentation of your expenses (rental cars, towing, etc.)
The manufacturer, in turn, has to disclose things like technical service bulletins, prior repairs, and internal documents that show what they knew about the defect.
You’ll also be allowed to conduct short, early depositions, and the court puts a pause on other discovery until mediation is finished. It’s a streamlined system, built to move lemon law cases faster—and to weed out weak defenses early on.
The Buyback Timeline Is Now Legally Enforceable
Once a settlement or judgment is reached, manufacturers have 30 days to follow through. They are required to:
- Pay off your loan (if you financed)
- Cut the check for any refund owed
- Pick up the vehicle or finalize the replacement
If they don’t? They owe you $50 for every day they delay.
Delays that used to frustrate consumers after settlement now carry financial consequences for manufacturers who don’t follow through on time.
Also gone are the days of signing broad, restrictive settlement agreements. The law now requires a standardized release form, and manufacturers can’t require confidentiality. You’re free to speak about your case if you want to.
AB 1755 Only Applies to Certain Vehicles and Claims
Not every vehicle or claim qualifies under the new process. It applies only to:
- New motor vehicles covered by an applicable express warranty
- Claims for repurchase or replacement under the Song-Beverly Consumer Warranty Act
If your case is based on a service contract, an implied warranty claim, or issues unrelated to the warranty altogether, the AB 1755 procedures may not apply.
Also, a recent California Supreme Court decision narrowed the reach of lemon law protections for used vehicles, especially those sold by private sellers. That’s a separate issue from AB 1755, but it’s an important wrinkle—especially for buyers who assumed the remaining warranty would protect them.
Whether the AB 1755 process applies also depends on whether the manufacturer opted in. If they didn’t, your case will follow the earlier lemon law rules instead.
Bottom Line: Don’t Wait If You Think You Have a Lemon
The new rules under AB 1755 reward people who act early. That means:
- Knowing when your warranty ends
- Keeping records of every repair
- Sending a proper written notice as soon as your car qualifies
- Staying organized and responsive once the process begins
It’s not just about getting a refund or replacement. It’s about preserving your ability to seek civil penalties and avoid unnecessary roadblocks. Under the updated California lemon law, timing, documentation, and clarity matter more than ever.
Think You Have a Lemon? Conn Law Can Help.
If you’re stuck with a defective car and aren’t sure what AB 1755 means for your rights, Conn Law PC can help you make sense of it—and take the next step with confidence.
Our California lemon law attorneys represent consumers in lemon law cases across the state. Our team understands how manufacturers and dealerships respond to written notices, what they’re obligated to provide, and how to hold them accountable when they delay, deny, or drag things out.
Whether you’re just starting the process or already deep in it, we’ll give you a clear answer about your options—and we don’t charge unless you win.
Call Conn Law PC today at (415) 417-2780 or send an email to schedule a free consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and regulations change over time, and the information may not reflect the most recent updates. Reading this content does not create an attorney-client relationship.
For guidance on your specific situation, consult a qualified attorney licensed in your jurisdiction.