If you’re dealing with a defective car in California, you’ve probably heard about the state’s Lemon Law (also known as the Song-Beverly Consumer Warranty Act) and, more recently, AB 1755. Consumers want to know what AB 1755 does, who qualifies, and what proof is needed to pursue a claim. This overview answers frequently asked questions in plain English so you can better understand your options and next steps.
Information here is general and educational; it is not legal advice. Every situation is different, and the specific text of any new law or amendment can change how rules apply. If you’re unsure about your rights or timelines, speak with a professional. ZapLemon can review your circumstances and help you understand the path forward.
Whether your vehicle stalls, hesitates to shift, displays repeated warning lights, or spends weeks in the shop waiting for parts or software updates, the right documentation and timing matter. Keep reading to learn how AB 1755 fits into California’s Lemon Law framework and what consumers should know before taking action.
What AB 1755 Changes in California Lemon Law
AB 1755 focuses on clarifying and tightening parts of California’s Lemon Law rather than rewriting the entire system. The core rights remain the same: if a manufacturer or its authorized dealer cannot repair a substantial defect within a reasonable number of attempts during the warranty period, the consumer may be entitled to a buyback or a replacement vehicle, plus incidental damages. AB 1755 aims to make the process clearer for consumers and more consistent across dealerships and manufacturers.
In practical terms, AB 1755 emphasizes transparency and documentation. It addresses how manufacturers and dealers should account for “days out of service” and repair attempts, including situations involving intermittent defects, repeated software updates, or parts backorders. It also reinforces that safety-related defects—like brake failures, steering issues, or airbag warnings—may require fewer repair attempts to trigger protections. While the basic “18 months/18,000 miles” presumption still provides a helpful guidepost, AB 1755 encourages clearer records so that consumers and manufacturers can more easily determine where a vehicle stands.
AB 1755 also aims to streamline the remedy stage. When a manufacturer agrees to a buyback, the law encourages itemized calculations that show what’s being refunded (such as the vehicle price, taxes, registration, finance charges) and the mileage offset applied by law for use before the first repair attempt. It discourages deductions that are unrelated to use, wear, or legally permitted offsets. For replacements, AB 1755 promotes comparability—meaning consumers should receive a vehicle that’s substantially similar in make, model, and features. The bill also reinforces disclosure requirements when a buyback vehicle is resold, helping future buyers understand the vehicle’s history.
Who Qualifies, Timelines, and Proof You’ll Need
California’s Lemon Law generally covers new vehicles purchased or leased with a manufacturer’s warranty, as well as many used or certified pre-owned vehicles that are still under the original manufacturer’s warranty. It applies to cars, SUVs, light trucks, and certain business vehicles (typically those under 10,000 pounds gross vehicle weight, where the business owns or leases no more than five vehicles registered in California). If you’re a second owner and the manufacturer’s new-vehicle warranty is still in effect, you may also have coverage—warranty status is often more important than whether the car is new or used.
Timing can be confusing, so here are the basics. The “rebuttable presumption” in California commonly references problems that arise within 18 months or 18,000 miles, with thresholds such as multiple repair attempts for the same defect or the vehicle being out of service for more than 30 cumulative days. However, you may still have a claim even if your issues happen outside that presumption window, as long as the problems occurred during the warranty and meet the law’s standards. There is also a statute of limitations (often four years from when you knew or should have known the warranty was breached), and AB 1755 underscores the importance of prompt, documented warranty communication so timelines are clearer. Because dates can be pivotal, consider talking with a professional early.
Proof is crucial. Keep every repair order, invoice, and work log from the dealer—including visits where the technician writes “no problem found.” Save tow receipts, rental or loaner agreements, emails or texts with the service department, and photos or videos of the defect (like a repeated check engine light, a leaking sunroof, or infotainment screen blackouts). Make sure your repair orders accurately describe your complaint each time, and ask to have software updates, test drives, and parts backorders documented. Finally, read your warranty booklet to confirm coverage and follow any instructions for notifying the manufacturer. Good records help establish the number of repair attempts, days out of service, and the nature of the defect—key points under AB 1755 and California’s Lemon Law.
This article is for informational purposes only and is not legal advice. Reading this post does not create an attorney-client relationship with ZapLemon, and results cannot be guaranteed. If you believe your vehicle may qualify as a lemon—or you simply want to understand your rights under AB 1755 and California’s Lemon Law—contact ZapLemon for a consultation at (310) 489-3017 or visit https://zaplemon.com. We’ll review your documents, timelines, and warranty status so you can make an informed next step.