California Lemon Law Time Limits

Two different clocks control a California lemon law claim, and people mix them up constantly. One governs when the defect has to appear. The other governs when you have to file. Missing either one can end an otherwise strong case.

Clock One: The Warranty Period

The defect must first appear while the manufacturer's warranty is still in force. This is the requirement people most often trip over. If your powertrain warranty ran 5 years or 60,000 miles and the transmission first acted up at 58,000 miles, you are covered — even if the repair attempts continued past 60,000. What matters is when you first reported it.

This is why we tell people to report a problem the moment they notice it, even if it seems intermittent. A dated repair order created inside the warranty window preserves the claim.

Clock Two: The Statute of Limitations

A Song-Beverly Act claim is a breach of warranty claim, so it carries a four-year statute of limitations under Commercial Code section 2725. The harder question is when the four years start.

California courts generally apply a delayed discovery approach: the clock starts when you knew or reasonably should have known that the manufacturer would not or could not repair the defect — not necessarily the day you bought the car. In practice that is often the date of the last failed repair attempt on the same problem.

Because "reasonably should have known" is arguable, manufacturers push for the earliest possible start date. Do not rely on the outer edge of four years.

The 18-Month / 18,000-Mile Presumption

Separate from both clocks, California gives you a legal presumption that the manufacturer had a reasonable number of repair attempts if the qualifying repairs happened within 18 months of delivery or 18,000 miles, whichever comes first. Inside that window, meeting the repair-attempt thresholds shifts the burden onto the manufacturer.

Outside the window you have not lost your claim. You simply have to prove the number of attempts was unreasonable rather than relying on the presumption. Cases involving defects that surfaced at 25,000 or 30,000 miles are routinely successful.

What Each Deadline Actually Means

• Warranty period — the defect must first be reported here. Non-negotiable.
• 18 months / 18,000 miles — a helpful presumption, not a deadline. Missing it does not bar the claim.
• Four years — the actual filing deadline, generally measured from when the manufacturer's failure to repair became apparent.

Things That Can Extend or Shorten Your Time

• Continued repair attempts can push back the discovery date, because you were still relying on the manufacturer to fix it.
• Written assurances from the manufacturer that a fix is coming may support tolling.
• Selling or trading the vehicle does not automatically end a claim, but it complicates the buyback remedy and weakens leverage considerably.
• An extended service contract you purchased separately is generally not a manufacturer's warranty and usually does not extend Song-Beverly coverage.
• Class action settlements for the same defect may affect your individual rights depending on whether you opted out.

Used and Certified Pre-Owned Vehicles

A used vehicle qualifies when it was sold with the balance of the manufacturer's original warranty still running, or with a dealer-issued written warranty. The clocks then run off that coverage. Certified pre-owned vehicles almost always carry qualifying warranty coverage, which is why CPO lemon claims are common.

Why Waiting Costs You Money

Even well inside every deadline, delay hurts. The mileage offset in a buyback calculation is fixed at the mileage of your first repair attempt, so driving more does not increase the deduction — but every additional monthly payment you make is money tied up in a vehicle you are trying to return. Service advisors also turn over, records get purged, and memories fade. The strongest claims are the ones filed while the paper trail is fresh.

Related: Do I qualify? · AB 1755 changes · Full guide

Disclaimer: Limitations periods are fact-specific and subject to exceptions. This page is general information, not legal advice about your deadline. Have an attorney review your dates.

For representation, visit our California Lemon Law practice area.