If your vehicle qualifies as a lemon under California law, the manufacturer may owe you a full refund, a replacement vehicle, and your attorney's fees. New procedural rules effective in 2025 change how and when you must act.
In our previous guide, we explained what qualifies a vehicle as a lemon and who is protected under California Lemon Law. This article covers what happens after your vehicle qualifies, including the remedies available, important 2025 and 2026 legal changes, and the steps consumers must take to protect their rights.
What Are You Entitled to If Your Vehicle Is a Lemon?
If your vehicle qualifies under California Lemon Law, you are generally entitled to one of two remedies:
Vehicle Replacement
The manufacturer may be required to provide a comparable replacement vehicle.
Full Refund
The manufacturer may be required to reimburse:
- Your down payment
- Monthly payments made
- Sales tax and registration fees
- Finance charges
- Other related qualifying costs
What Is a Manufacturer Buyback?
In many successful lemon law cases, the manufacturer repurchases the defective vehicle through what is commonly called a "buyback." A buyback generally requires the manufacturer to reimburse the consumer for the purchase price, taxes, registration fees, and other qualifying costs, subject to a mileage offset for use before the first repair attempt.
Once repurchased, the vehicle may be branded as a manufacturer buyback before being resold.
Will the Manufacturer Pay Your Attorney's Fees?
In many successful lemon law cases, yes.
California law typically requires the manufacturer to pay the consumer's reasonable attorney's fees and legal costs if the consumer prevails. This allows many consumers to pursue claims without paying large upfront legal fees.
Human Verification Required: The attorney's fees provision is based on California Civil Code § 1794. Confirm current statutory language with a licensed California attorney before relying on fee-shifting expectations in any specific case.
Important 2025 and 2026 Lemon Law Changes
California introduced major procedural changes through AB 1755 and SB 26, effective in 2025. These changes affect timelines, required notices, and how claims move through the legal system.
New Written Notice Requirement
Beginning April 1, 2025, consumers seeking civil penalties must provide the manufacturer with written notice at least 30 days before filing a lawsuit.
The notice must include:
- Vehicle Identification Number (VIN)
- Description of the defect
- Full repair history
- A formal request for repurchase or replacement
Failing to provide proper notice could weaken or bar your claim for civil penalties.
New Filing Deadlines
For manufacturers participating in the new procedures, consumers generally must file a lawsuit:
- Within one year after the warranty expires, AND
- No later than six years from the vehicle's delivery date.
These deadlines can interact in complex ways. Acting quickly matters.
Mandatory Mediation and Faster Litigation
AB 1755 and SB 26 also introduce mandatory mediation and early disclosure requirements for manufacturers who opt in.
- Within 90 days of the manufacturer's answer to a lawsuit, the parties must schedule mediation.
- Initial discovery documents must be exchanged within 60 days.
These procedures are designed to speed up lemon law disputes, but they impose strict deadlines that consumers must follow carefully.
What to Do If You Think You Have a Lemon
Keep Every Repair Record
Documentation is the foundation of any lemon law case. Save:
- Repair invoices and service records
- Emails and text messages with dealerships
- Towing receipts
- Notes from conversations with service advisors
A strong paper trail can make or break your case.
Continue Using Authorized Repair Facilities
Always give the manufacturer or authorized dealership the opportunity to repair the vehicle. Unauthorized repairs can complicate your claim.
Put Your Complaints in Writing
Communicate concerns through email or written correspondence whenever possible. Written records are far easier to use as evidence later.
Speak With an Experienced Lemon Law Attorney
Manufacturers have aggressive legal teams protecting their interests. An experienced California Lemon Law attorney can evaluate your situation, explain your rights, and help you pursue the compensation you deserve, including potential attorney's fees paid by the manufacturer.
Do You Have to Go to Court?
Not always.
Many manufacturers participate in state-certified arbitration programs that allow disputes to be resolved outside of court. Arbitration is typically:
- Faster than litigation
- Free for consumers
- Less formal than a courtroom proceeding
In more complex cases, filing a lawsuit may still be the stronger path. An attorney can help you decide which route fits your situation.
Don't Ignore the Warning Signs
If your vehicle keeps breaking down, stalling, losing power, or returning to the dealership for the same unresolved issue, you should not simply accept it as normal.
California Lemon Law exists to protect consumers from being stuck with defective vehicles. The sooner you act, the stronger your case may become. Missing important deadlines or failing to document repair attempts can weaken a claim significantly.
At Sari Law Firm, we help California consumers understand their lemon law rights and pursue the compensation they deserve. If you believe your vehicle may qualify, contact us today for a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different. Consult a qualified California attorney to evaluate your specific situation.
