Changes to California Lemon Law in 2025

Changes are coming to California’s lemon law beginning on January 1, 2025. Some of the changes are legal requirements that the lawyers need to know, but consumers and car buyers need to know the key changes so they are not caught unaware and lose out on their lemon law rights.  Here are the key things that consumers need to know about California’s new lemon law:

  1. SHORTER STATUTE OF LIMITATIONS:
    the statute of limitations is the time limit for bringing your lawsuit.  If you wait too long to bring a lawsuit, you lose your right to bring it.  For California’s new lemon law, consumers must file their claims within one year after the vehicle’s warranty expires and no later than six years from the original purchase date.
  2. PRE-LITIGATION DEMAND LETTER:
    if you want to preserve your right to seek triple damages under the lemon law, you need to send a pre-suit demand letter to the manufacturer, demanding that the manufacturer buy back or replace your vehicle.  At my firm, we routinely do pre-lawsuit demand letters to try to settle cases before we file a lawsuit, so really this is nothing new for us.  Your warranty booklet will have the address for sending your demand letter, and you should include with it copies of any key documents that the manufacturer will need to evaluate your claim, such as your purchase or lease contract and any repair orders you have.  Always be very professional and courteous in your letters—never “vent” your anger or frustration. Always send out pre-suit demand letters via certified or registered mail so you have a record of when the letter is received by the manufacturer.
    • MY FIRM CAN SEND OUT THE PRE-SUIT DEMAND LETTERS: the new lemon law permits you to hire an attorney to negotiate your pre-litigation demand. We have done this for years.
    • CONSUMER NEEDS TO HAVE POSSESSION OF THE VEHICLE WHEN THE DEMAND IS SENT:
      this changes existing lemon law, where consumers, particularly consumers who leased a vehicle, could pursue a lemon law claim even after the lease had ended. Consumers need to keep possession of their vehicles for at least 30 days after sending the pre-suit demand letter. If the manufacturer then offers replacement or reimbursement, the consumer must thereafter keep possession of the car for at least 60 days following the manufacturer’s offer. This will have an effect on lessees of vehicles whose lease is at or near term—they will need to keep the lease until the manufacturer completes the buyback.
  3. MANUFACTURER HAS 30 DAYS TO RESPOND TO CONSUMER’S PRE-SUIT DEMAND LETTER: The manufacturer has to agree to buy the vehicle back, minus the Song-Beverly mileage offset, or replace the vehicle, within 30 days of receipt of your demand letter.
  4. NEW LEMON LAW APPLIES TO MOTOR HOMES AND TRAVEL TRAILERS.
  5. CONSUMERS CANNOT PURSUE CIVIL PENALTIES IF THEY DO NOT SEND THE PRE-SUIT DEMAND LETTER: the civil penalty provision in California’s lemon law permits a consumer to claim and pursue not only the value of the vehicle but also two times the consumer’s damages. Thus, a consumer with a $50,000 vehicle can pursue a claim for $150,000, not including the attorney’s fees. Under the new law, the consumer must send out the pre-suit demand letter and give the manufacturer a chance to repurchase the car pre-suit, or the consumer cannot claim the civil penalty.

These are the main changes in the new law that the consumer must know. Please feel free to share this with your friends for their information.

Copyright © 2024 by Robert F. Brennan, Esq. All rights reserved.

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