How to Check Your Automaker's California Lemon Law Opt-In
California now has two sets of lemon law procedures. Which one governs a claim depends on a choice the manufacturer made, not the buyer. Since SB 26 took effect on April 2, 2025, the newer procedures in the Code of Civil Procedure (starting at § 871.20) apply only to a manufacturer “who has elected under Section 871.29 to proceed under this chapter” (Code Civ. Proc. § 871.20(a)).
So one of the first questions in any California lemon law matter is simple to ask and easy to get wrong: did this manufacturer opt in for this vehicle? Here is how to check.
Step 1: Look at the state’s official list
The law requires the Arbitration Certification Program, part of the California Department of Consumer Affairs, to publish on its website a list of the manufacturers that have elected the newer chapter. The list must be published by December 15 of each year and covers elections for a period that includes the following calendar year (CCP § 871.29(c)).
The list is on the Department’s page of manufacturers that opted in to the new lemon law procedures. For each manufacturer it shows the company name, a contact, and an opt-in date. The Department says that once it verifies a manufacturer’s election, the manufacturer is added to the published list within 2 business days (DCA, New Lemon Law Procedures). That means the list can change during the year, so check it again close to any decision and save a dated copy.
What the list showed on October 30, 2026
When we checked the official list on October 30, 2026, it had 59 entries. Passenger-vehicle companies on it included FCA US LLC, Ford Motor Company, General Motors LLC, Hyundai Motor America, Genesis Motor America, Kia America, Inc., Nissan North America, Infiniti USA, Mercedes-Benz USA, LLC, Subaru of America, Inc., Mitsubishi Motors North America, Inc., Jaguar Land Rover North America, LLC, Maserati North America Inc., Lotus Cars USA, Inc., INEOS Automotive Americas, LLC and VinFast Auto, LLC. Many of the other entries were motorhome, RV and van makers.
We did not find an entry that day under the Toyota, Lexus, Honda, Acura or Tesla names. Treat this snapshot as a starting point only. The Department’s current list is the record to rely on.
Step 2: Match the company that warrants the vehicle
The list names companies, not badges. The election belongs to the manufacturer, and it covers “all of the manufacturer’s motor vehicles sold” in the years the election covers (§ 871.29(a)(1)). The name on the list may be a U.S. distribution company whose name differs from the brand on the car, and some brands have their own entry.
The most reliable way to match is the warranty booklet. Find the company that issues the new-vehicle warranty, then look for that exact company on the list.
Motorhomes deserve extra care. The chassis and the living quarters are often warranted by different companies, and the list includes both chassis makers and coach makers. Check each warrantor separately.
Step 3: Match the year the vehicle was sold
A name on the list is not the end of the question. The statute ties every election to the years in which vehicles were sold, and there are two kinds of election.
Vehicles sold in 2025 and earlier. A manufacturer could elect the newer chapter for its vehicles sold in 2025 and all prior years only within 30 days after SB 26 took effect. Without that election, §§ 871.20 to 871.28 do not apply to those vehicles, including actions already filed between January 1, 2025 and the date SB 26 took effect (CCP § 871.30(a), (c)).
Vehicles sold in later years. A manufacturer may elect the chapter for all of its vehicles sold during five consecutive calendar years by written notice to the Arbitration Certification Program by October 31 of the preceding calendar year (§ 871.29(a)(1)). Without an election that covers a given year, §§ 871.20 to 871.28 do not apply to the manufacturer’s vehicles sold that year (§ 871.29(b)).
That is why the opt-in date matters. Most dates on the list we reviewed fell in April and May 2025, close to when SB 26 took effect. A few were later. A later date can mean the election covers only vehicles sold in later years, so compare the date with the vehicle’s sale year, and ask an attorney to confirm which years a given election covers.
Step 4: Check the sale paperwork
When a vehicle is sold new, the manufacturer must give the buyer notice saying which procedures govern that vehicle: the newer chapter, or the Song-Beverly procedures in the Civil Code beginning at § 1792 (§ 871.29(d)). Look through the sale or lease documents, the warranty booklet and any manufacturer mailings for that notice.
The statute ties this notice to new sales. A later owner of a used vehicle may not have it, which makes the state list and the original sale date more important.
Step 5: Know that the election lasts
A manufacturer that makes a five-year election “may not revoke that election during the five-year period covered by the election.” It can make a new election for a later five-year period (§ 871.29(a)(2)). The Department describes the election as irrevocable for five calendar years (DCA, New Lemon Law Procedures).
What changes when the manufacturer opted in
If the newer chapter applies, several procedures differ from the Civil Code track. Two of them come up early:
- A pre-suit notice. Before filing an action that seeks civil penalties under Civil Code § 1794(c), the consumer must give the manufacturer written notice and a demand for repurchase or replacement at least 30 days ahead (CCP § 871.24(a)). For the manufacturer’s side of those clocks, see our post on the deadlines manufacturers must meet.
- A different filing deadline. The action must generally be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling for dispute programs, time out of service for repair, and up to 60 days after a pre-suit notice (CCP § 871.21).
The chapter covers actions seeking restitution or replacement of a vehicle, or civil penalties under § 1794(c), based on noncompliance with the express warranty. It does not cover service contract claims or actions seeking other remedies (§ 871.20(a), (b)).
If the manufacturer did not opt in for the vehicle’s sale year, the claim follows the Song-Beverly Consumer Warranty Act procedures in the Civil Code. For an overview, see our guide to the Song-Beverly Consumer Warranty Act. Opting in to the newer chapter is also separate from a manufacturer’s own certified arbitration program; the Department lists that as a different option for manufacturers.
How the opt-in affects deadlines
Song-Beverly warranty claims are generally subject to a four-year limitation period under Commercial Code § 2725. Time in a qualified dispute program can extend the period (Civil Code § 1793.22(c)).
If the manufacturer has opted into California’s newer lemon law procedures (Code Civ. Proc. § 871.20 and following), a different deadline applies: generally within one year after the express warranty expires, and no later than six years after the vehicle was first delivered, with some time added for repairs and dispute programs (§ 871.21). This is general information, not advice about any vehicle; an attorney should confirm which deadline applies.
Quick reference
| Question | Where to look | Section |
|---|---|---|
| Is the company on the state list? | DCA Arbitration Certification Program list | CCP § 871.29(c) |
| Is it the right company? | Warrantor named in the warranty booklet | CCP § 871.29(a)(1) |
| Sold in 2025 or earlier? | Election within 30 days after SB 26 took effect | CCP § 871.30(a), (c) |
| Sold in a later year? | Five-year election made by October 31 of the prior year | CCP § 871.29(a)(1), (b) |
| What did the buyer receive? | New-sale notice of which procedures govern | CCP § 871.29(d) |
Records to save
- a dated copy or screenshot of the state list as you found it;
- the warranty booklet page that names the warrantor;
- the sale or lease contract showing the date of sale;
- any notice from the manufacturer saying which procedures govern the vehicle; and
- every repair order, with dates, mileage and the complaint as written.
Frequently asked questions
My manufacturer is on the list. Does that mean my claim follows the newer rules?
Not always. The election covers vehicles sold during the years it applies to, and 2025-and-earlier vehicles were covered only by an election made within 30 days after SB 26 took effect (§§ 871.29(a)(1), 871.30(a)). The company on the list also has to be the one that warrants the vehicle. Compare the sale year and the warrantor before relying on the list.
My manufacturer is not on the list. What then?
If no election covers the year the vehicle was sold, §§ 871.20 to 871.28 do not apply to that vehicle (§§ 871.29(b), 871.30(c)), and the Song-Beverly procedures in the Civil Code govern. Because the list can change, check it again before relying on its absence.
Talk to a California lemon law attorney
If you are not sure which set of rules covers your vehicle, gather the warranty booklet, the sale papers and your repair orders. Lion Lemon reviews California lemon law claims under both sets of procedures. Request a case review or call (424) 367-1454.
Attorney Advertising. Lion Lemon is a trade name of Lion Legal, P.C., a California law firm. This article provides general information about California law and is not legal advice for any person or vehicle. Prior results do not predict a similar outcome, and each case depends on its own facts.