California Lemon Law After 18 Months: A Complete Guide for USA

Executive Summary

California's Lemon Law, formally known as the Song-Beverly Consumer Warranty Act, provides consumer protections for defective vehicles. While the law establishes an 18-month/18,000-mile presumption period for qualifying defects, consumers maintain legal rights beyond this timeframe. The statute of limitations for filing claims extends four years from the date of discovery, and manufacturers remain obligated to repair warranty defects regardless of when they occur during the warranty period. Recent 2024 legislative changes have modified certain protections, creating new complexities for consumers seeking remedies after the initial 18-month period.

Related: California Lemon Law: Eligibility, Filing Process & Remedies

Legal Framework in California

The California Lemon Law operates under the Song-Beverly Consumer Warranty Act, codified in California Civil Code sections 1793.2 et seq. The law establishes that manufacturers must repair warranty defects within a reasonable number of attempts, and failure to do so triggers consumer remedies including replacement or repurchase of the defective vehicle [1].

The 18-month/18,000-mile presumption period serves as a benchmark for determining when a "reasonable number" of repair attempts has been met. During this period, the law presumes a manufacturer has had sufficient opportunity to repair the vehicle if:

• The same problem persists after four or more repair attempts
• Safety-related defects remain unrepaired after two attempts
• The vehicle has been out of service for more than 30 cumulative days for warranty repairs [2]

Coverage Beyond 18 Months

Contrary to common misconceptions, the Lemon Law continues to provide protections after the 18-month presumption period expires. The law applies throughout the entire duration of the manufacturer's warranty, which typically extends three to five years for most vehicle components. Consumers retain the right to seek remedies for warranty defects that manifest after 18 months, though they must demonstrate that the manufacturer failed to repair defects within a reasonable number of attempts [1].

The key distinction lies in the burden of proof. During the presumption period, consumers benefit from statutory presumptions that make establishing a lemon law claim more straightforward. After 18 months, consumers must provide additional evidence to demonstrate that the manufacturer's repair efforts were unreasonable, but the fundamental legal obligation to repair warranty defects remains unchanged.

Statute of Limitations Requirements

California law establishes a four-year statute of limitations for filing lemon law claims, measured from the date the consumer discovered or should have discovered the defect. This limitation period provides substantial time for consumers to pursue remedies even when defects become apparent well after the initial purchase. The four-year period applies regardless of when the defect first appeared, provided it manifested during the warranty period [2].

The discovery rule means that the statute of limitations begins running when the consumer becomes aware of both the defect and the manufacturer's inability to repair it. This provision protects consumers who may not immediately recognize that their vehicle qualifies as a lemon, particularly in cases where defects develop gradually or where repair attempts extend over lengthy periods.

Recent Legislative Changes

Significant modifications to California's Lemon Law took effect in 2025, creating new challenges for consumers seeking remedies. The revised framework reduces the timeframe for pursuing lemon law claims from the entire warranty period to six years from the vehicle's original purchase date. This change particularly impacts owners of vehicles with extended warranties who experience defects after the six-year threshold [3].

Additionally, a 2024 California Supreme Court ruling established that new vehicle warranties do not automatically transfer to subsequent owners when vehicles are resold as used. This decision significantly limits protections for used vehicle purchasers who previously could assert lemon law claims based on remaining warranty coverage from the original manufacturer.

Eligibility Criteria Comparison

The following table illustrates key differences in lemon law protections based on timing and circumstances:

Filing Procedures and Requirements

Consumers pursuing lemon law claims after 18 months must follow specific procedural requirements to preserve their rights. The process typically involves:

1. Documenting all repair attempts with detailed records including dates, mileage, and specific problems addressed
2. Providing written notice to the manufacturer of the persistent defect, typically through certified mail
3. Allowing a final opportunity for repair if requested by the manufacturer
4. Participating in any state-certified arbitration program if the manufacturer offers one
5. Filing a civil lawsuit within the four-year statute of limitations period if arbitration is unsuccessful or declined [2]

Manufacturers often require consumers to participate in arbitration before filing litigation. While participation is generally mandatory to preserve lemon law rights, consumers retain the option to reject unfavorable arbitration decisions and proceed to court.

Manufacturer Obligations

Regardless of timing, manufacturers maintain specific obligations under California law. They must provide replacement or repurchase remedies when unable to repair warranty defects within reasonable parameters. The calculation of repurchase amounts includes the original purchase price, taxes, registration fees, and incidental damages, minus a reasonable allowance for consumer use.

For defects arising after 18 months, manufacturers cannot automatically deny liability based solely on timing. They must still attempt repairs and may be required to provide remedies if their efforts prove unsuccessful. The reasonableness standard considers factors including the number of repair attempts, the severity of the defect, and the cumulative time the vehicle remains out of service.

Consumer Documentation Requirements

Successful lemon law claims after 18 months require comprehensive documentation. Consumers should maintain:

• Complete repair orders showing dates, mileage, and specific complaints
• Correspondence with dealers and manufacturers
• Records of time lost from work or other consequential damages
• Evidence of the defect's impact on vehicle use and value
• Documentation of any safety concerns or operational limitations

The strength of documentation often determines claim success, particularly when the statutory presumptions no longer apply. Detailed records help establish that the manufacturer's repair efforts were unreasonable under the circumstances.

Arbitration vs. Litigation Options

California maintains state-certified arbitration programs that provide alternative dispute resolution for lemon law claims. These programs offer several advantages including faster resolution, reduced costs, and specialized expertise in automotive warranty disputes. However, arbitration decisions are binding on manufacturers but not consumers, who retain the right to reject unfavorable outcomes and pursue litigation.

For claims arising after 18 months, arbitration may provide a more accessible forum for establishing unreasonable repair attempts without the procedural complexities of civil litigation. The arbitration process typically involves document review, vehicle inspection, and hearings conducted by trained professionals familiar with automotive warranty law.

Impact on Business Use Vehicles

The Lemon Law extends protection to vehicles purchased or leased primarily for business use, with specific limitations. Business vehicles qualify if the business owns fewer than five vehicles and each vehicle has a gross vehicle weight under 10,000 pounds. These vehicles receive the same protections as consumer vehicles, including coverage after 18 months provided the defects arise during the warranty period.

Fleet vehicles exceeding these thresholds fall outside standard lemon law protections but may have remedies under commercial warranty laws or the Uniform Commercial Code. Business owners should carefully review warranty terms and consider extended warranty coverage for high-mileage or heavy-duty vehicles.

Conclusion

California's Lemon Law continues to provide meaningful protections for consumers beyond the initial 18-month presumption period, though claimants face additional evidentiary requirements. The four-year statute of limitations ensures substantial time for pursuing remedies, while the continuing warranty obligation requires manufacturers to address defects throughout the warranty period. Recent legislative changes have created new complexities, particularly for used vehicle purchasers and owners of older vehicles. Successful navigation of post-18-month claims requires careful documentation, understanding of procedural requirements, and often professional legal assistance to overcome the absence of statutory presumptions.

Sources

[1] The Lemon Law – Consumer & Business - Official Los Angeles County guidance on California lemon law protections and procedures

[2] California Lemon Law Q&A - Official California Department of Consumer Affairs guidance on lemon law eligibility and requirements

[3] California's lemon law is changing and car buyers have fewer protections in the new year - Analysis of 2024 legislative changes affecting lemon law protections