If your new or Certified Pre-Owned (CPO) vehicle suffers from persistent issues that never seem to get fixed, you may have a claim under California’s Lemon Law. However, if you fail to file your case in a timely manner, you may lose your right to the remedy you deserve.
Here at Lemon Lawyers, our aim is to help you understand your Lemon Law rights, including the time limits for taking action. If you need immediate assistance or would like further information, you can contact us directly at (310) 295-9222.
Let’s cut to the chase: how long do you have to file your Lemon Law claim in California? While there is a common misconception that there is always a simple answer to this question (like “four years”), the reality can be a bit more complex. Currently, there are two different timing paths for a California Lemon Law claim, and which one applies to your case can depend on whether the manufacturer of your vehicle has elected to participate in California’s additional Lemon Law procedure program, along with specific exceptions regarding when the “clock” actually starts running.
Path 1: The Newer Lemon Law Procedure
The first path applies if the manufacturer elected to participate in (or “opted into”) the Lemon Law procedure that became effective on January 1, 2025. Under this procedure, the timing rules can be found in Code of Civil Procedure section 871.21, which requires that a claim must be filed within one year after the applicable express warranty expires, and in any event no later than six years after the vehicle’s original delivery. The law also allows for “tolling,” meaning the clock can be “paused” in certain situations, including while the vehicle is out of service for repairs or during certain notice periods. A list of manufacturers that have elected to participate in this newer Lemon Law procedure is maintained by the Department of Consumer Affairs’ Arbitration Certification Program.
Path 2: The Traditional Four-Year Rule
The second path is the traditional route to calculating the deadline to file a Lemon Law claim, which remains the rule if the manufacturer or distributor of your vehicle did not opt into the newer Lemon Law procedure. In these instances, courts look to California Commercial Code section 2725 to determine the time limits for bringing a Lemon Law claim, which provides a four-year statute of limitations for breach of warranty claims. The point of confusion for many people under this rule is when the “clock” starts to run. Under the default rule, the clock usually starts when the vehicle is delivered (and not when the consumer discovers the defect) because the statute says a breach occurs when “tender of delivery” is made, even if the buyer is unaware of the issue.
However, the analysis under the traditional rule does not end there, as California Commercial Code section 2725 extends the timing rules where a warranty includes a promise for “future performance” and starts the clock when the breach is (or should have been) discovered. For warranty law, the phrase “future performance” is a critical legal concept. It means the warranty isn’t just a snapshot of the vehicle’s condition on the day of sale; it is a promise regarding how the vehicle will perform (or be repaired) over a future period. For example, if a written warranty promises to repair defects for 3 years or 36,000 miles, that is a promise tied to the future and is therefore considered a promise regarding future performance. In such a case, the clock may start running when the breach was or should have been discovered, rather than automatically starting on the delivery date.
Express vs. Implied Warranty Claims
As mentioned previously, a further distinction may exist depending on the type of Lemon Law claim you intend to bring (i.e., a “breach of express warranty” claim or a “breach of implied warranty” claim). Because the common understanding of California’s Lemon Law involves “buybacks” or replacement of vehicles, people usually consider breach of express warranty claims as the main type of Lemon Law claims. This is a mistake, as a breach of implied warranty claim can often be very effective under the Lemon Law. The challenge is that the implied warranty itself generally only lasts up to one year from sale for a new vehicle. Therefore, you must first establish that the vehicle was “unmerchantable” during that one-year period. While courts still often apply the four-year limitations period from Section 2725 to determine when the actual lawsuit must be filed, implied warranties rarely fit the “future performance” argument used for written repair warranties to extend the date on which the clock starts to run.
The Bottom Line
The bottom line is that there is no “one-size-fits-all” answer for California Lemon Law deadlines, and your specific timeline may depend on whether the manufacturer opted into Section 871.21, whether the claim is for breach of express or implied warranty, and the specific language of your warranty and when the problem was discovered.
Contact Us for Help
If you believe your vehicle may qualify as a lemon, it is important to speak with an attorney sooner rather than later to protect your rights. To discuss your situation and determine if you qualify for a remedy under the California Lemon Law, give us a call at (310) 295-9222.