California Lemon Law Lawyer: Filing Deadlines for Manufacturer Claims

When your car keeps breaking down and the dealer can’t seem to fix it, timing matters. California’s Lemon Law—formally the Song-Beverly Consumer Warranty Act—sets strict deadlines for when you can bring a claim against the vehicle’s manufacturer. This article explains the basic filing timelines for manufacturer claims in plain language, so you can better understand your options. It’s general information, not legal advice. For guidance about your specific situation, please contact ZapLemon for a consultation.

California Lemon Law Filing Deadlines Explained

In California, most lemon law claims against a manufacturer generally must be filed within four years. That four-year “statute of limitations” does not necessarily start the day you bought the car. Instead, the clock typically begins when the legal claim “accrues”—often when the manufacturer fails to fix the problem after a reasonable number of repair attempts or refuses to repurchase or replace the vehicle as required by law. Because the accrual date can vary based on the facts, it’s important to map out your repair timeline.

Express warranty claims and Song-Beverly “buyback” claims often accrue when the manufacturer has had a reasonable number of chances to repair the defect and still hasn’t resolved it. By contrast, implied warranty claims usually accrue at delivery, because the implied warranty of merchantability concerns whether the car was fit for ordinary use when sold. Although the implied warranty for new vehicles typically lasts no more than one year from delivery, the time limit to file a lawsuit for breach of that warranty is usually up to four years from the accrual point. Used vehicles can also be covered if sold with a written warranty, but terms and timelines can differ.

A common misconception is that the “18 months/18,000 miles” lemon law presumption is a filing deadline. It is not. That presumption just helps prove your case if issues happen early; you can still have a claim outside that window if the defect arose during the warranty and persists. There may be situations where timelines are paused or extended (for example, in some cases involving ongoing repair attempts or certain types of concealment), but those rules are technical and very fact dependent. To protect your rights, keep all repair orders, note dates and mileage for each visit, and speak with a California lemon law attorney promptly to evaluate timing.

What Counts as a Manufacturer Claim Under Song-Beverly

A “manufacturer claim” under California’s lemon law typically means you’re pursuing the automaker (not just the dealership) for violating warranty obligations. Common manufacturer claims include: breach of express warranty (failure to repair defects within a reasonable number of attempts), failure to promptly repurchase or replace after being required to do so, breach of implied warranty of merchantability (the car wasn’t fit for ordinary use at delivery), and, in some cases, civil penalties for willful violations. Many consumers also seek incidental and consequential damages such as towing, rental cars, or out-of-pocket repair costs.

Here’s how that looks in everyday terms. If your transmission slips, your EV loses power unexpectedly, your brakes squeal and vibrate, or your infotainment system repeatedly crashes—despite multiple repair visits under warranty—you may have an express warranty claim. If the manufacturer is obligated to buy back or replace your car and fails to act, that can trigger a separate claim tied to repurchase/replace duties. An implied warranty claim focuses on whether the vehicle was merchantable at delivery—for example, a new car that stalls or overheats under normal driving. Civil penalties may be available if a manufacturer willfully fails to comply, but they are not automatic, and the same filing deadlines generally apply.

Because deadlines connect to specific claim types, it’s helpful to identify what you’re asserting. Confirm who issued the written warranty (manufacturer vs. dealer), present the vehicle for repair and get a repair order each time, and keep a clear timeline of symptoms, mileage, and days out of service. If a problem continues after reasonable attempts, consider opening a case with the manufacturer. For personalized guidance about which claims fit your situation and how time limits might apply, contact ZapLemon for a consultation—before the clock runs out.