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New for 2025: A weaker California lemon law

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Suzanne Potter
(California News Service)

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Starting this year, changes to California's "lemon law" will make it harder for consumers to get a refund or a replacement vehicle.

The changes mean instead of just taking the car to the dealer for repairs, you're now going to have to formally notify the manufacturer via email or certified mail and include your name, the vehicle ID number, a summary of the problems and a demand for a refund or replacement.

Rosemary Shahan, president of the nonprofit Consumers for Auto Reliability and Safety, said if you do not take the step, you forgo lemon-law protections.

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"They're going to feel like they can ignore you and refuse to fix the problem," Shahan contended. "Or just do a real, cheap, temporary Band-Aid kind of fix until the warranty expires, and then they'll tell you how much they want you to pay for the repair out of your own pocket."

Governor Gavin Newsom said he signed Assembly Bill 1755 reluctantly in order to cut down on lemon law lawsuits clogging the courts. Shahan noted lawmakers agreed to the changes only after General Motors and Ford threatened to support a ballot initiative capping attorneys fees in consumer lawsuits, something vigorously opposed by consumer attorneys, who are big political contributors.

The governor did negotiate a new bill, soon to be introduced, to allow manufacturers to opt in or out of the new program. Supporters of the changes, including General Motors, Ford and Stellantis, are expected to opt-in, while opponents such as Honda, Toyota and Tesla may decide to uphold the old protections.

Shahan noted the new lemon law said consumers who have negative equity, meaning they owe more on the lemon car than it is worth, can be forced to come up with the difference before the manufacturer will buy it back.

"The manufacturers will say, 'Oh, we'd be happy to buy back your lemon but first you have to come up with whatever the negative equity is before you can give us clear title to the car,'" Shahan asserted. "Most people can't afford to pay out of pocket, so they're going to be stuck with a lemon car."

The new lemon law also rescinds protections after six years, making longer warranties unenforceable, and consumers will now have only one year to file a claim, down from four.