AB 1755 California Lemon Law: Common Mistakes to Avoid in California

If you’re searching for “AB 1755 California Lemon Law,” you’re likely dealing with a vehicle that keeps breaking down and you want clear answers. While many people use “AB 1755” as a shorthand online, California’s core lemon law rights actually come from the Song-Beverly Consumer Warranty Act and its “Lemon Law” provisions in the California Civil Code. Below, ZapLemon explains the basics in plain language and highlights common mistakes that can undermine a valid lemon claim. This article is for general information only and is not legal advice.

AB 1755: California Lemon Law Basics to Know

Some websites refer to “AB 1755” when talking about lemon law, but as of today, California’s main protections for defective cars come from the Song-Beverly Consumer Warranty Act (including the Tanner Consumer Protection Act), not a single bill called AB 1755. In everyday terms, if your car, truck, SUV, van, or EV has substantial problems covered by a manufacturer’s warranty—and the manufacturer or its authorized dealer can’t fix those problems after a reasonable number of attempts—you may have rights to a refund or a replacement. These rights generally apply to new vehicles and, in many situations, to used or certified pre-owned vehicles still under a manufacturer’s warranty.

What counts as a “lemon” often turns on repair history and warranty status. The law looks at whether the defect substantially impairs the use, value, or safety of the vehicle. For example, repeated stalling, transmission slipping, brake failures, battery or charging system failures in EVs, steering issues, airbag warnings, or persistent check-engine problems can be more than just annoyances—they can be lemon indicators when they persist despite repairs. Keep in mind that the “lemon law presumption” may apply in certain time/mileage windows, but you can still pursue a claim even if you’re outside those windows.

If a vehicle qualifies, typical remedies include a buyback (refund) or a replacement, with certain deductions allowed by law for miles driven before the first repair attempt for the main defect. The process usually involves documenting repairs, giving the manufacturer a reasonable opportunity to fix the issue, and following any notice steps in your warranty booklet or owner’s manual. While many claims resolve through negotiation, timelines and requirements can be technical, so getting an informed consultation can help you understand your options without making promises or guarantees about any outcome.

Common Mistakes to Avoid in California Lemon Claims

Not documenting your repairs is one of the most common—and costly—mistakes. Always ask for a repair order when you drop off the vehicle and a final invoice when you pick it up, even if the dealer says “we didn’t do anything this time.” Make sure the service advisor writes down your exact symptoms (e.g., “vehicle stalls at highway speeds,” “battery drains overnight,” “transmission shudders in 2nd gear”) and the dates and mileage. Keep all records together, including towing receipts and any emails or texts with the dealer or manufacturer.

Another frequent issue is skipping key steps the warranty requires. Many manuals instruct owners to notify the manufacturer, not just the dealer, when problems continue. If your booklet says to send written notice, follow that instruction and keep proof (certified mail or an email acknowledgment). Using non-authorized repair shops for warranty problems can also backfire; the manufacturer may argue the vehicle wasn’t given a fair chance to be repaired. Similarly, heavy aftermarket modifications or tuning may complicate defect investigations, especially if the manufacturer claims the modifications caused the issue.

Timing matters, too. Waiting too long to act can leave you up against strict deadlines, and accepting a small “goodwill” payment or signing a broad release without understanding it can waive your rights. Be careful with offers that sound quick and easy but require you to give up future claims. Also, if a buyback is on the table, understand that a lawful “usage offset” may reduce the refund for miles driven before the first repair attempt for the main defect. When in doubt, gather your records, review your warranty, and get a consultation to understand your choices before making a binding decision.

This article is for informational purposes only, is not legal advice, and reading it does not create an attorney–client relationship with ZapLemon. Laws can change, and every situation is different. If you believe your vehicle may qualify as a lemon, contact ZapLemon at (310) 489-3017 or visit https://zaplemon.com to request a consultation. We can review your repair history, explain your options, and help you decide on next steps.

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