§ 871.29.Manufactuer Election to Be Governed By Chapter; Applicability
Title 10. Actions In Particular Cases · Chapter 12. Actions for Restitution for or Replacement of Certain Motor Vehicles · Enacted 2025 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 871.29 lets a manufacturer elect, by written notice filed each October 31, to be governed by this chapter for five consecutive years of vehicle sales, requires the Department of Consumer Affairs to publish the list of electing manufacturers each December, and requires manufacturers to disclose at sale which procedure governs the vehicle.
(1)A manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of the manufacturer's motor vehicles sold during a period of five consecutive calendar years by providing written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs by October 31 of the preceding calendar year, except as provided in Section 871.30.
(2)A manufacturer who makes the election described in paragraph (1) may not revoke that election during the five-year period covered by the election, but the manufacturer may make a new election under paragraph (1) that will cover motor vehicles sold in a subsequent five-year period.
(b)Unless a manufacturer has made the election described in subdivision (a) that covers a given year, Sections 871.20 to 871.28, inclusive, shall not apply to an action described in subdivision (a) of Section 871.20 with respect to all of the manufacturer's motor vehicles sold during that year, except as provided in Section 871.30.
(c)By December 15 of each year, the Arbitration Certification Program within the Department of Consumer Affairs shall publish to its website a list of the manufacturers that have elected to proceed under this chapter for a period that includes the following calendar year, except as provided in Section 871.30.
(d)At the time a motor vehicle is sold new, a manufacturer shall provide notice to a consumer specifying which one of the following procedures governs the vehicle:
(1)The procedures set forth in this chapter.
(2)The procedures set forth in Article 3 (commencing with Section 1792) of Chapter 1 of Title 1.7 of Part 4 of Division 3 of the Civil Code.
Plain-English Summary
Chapter 12 is opt-in, and this section is the mechanism. A manufacturer may elect to be governed by this chapter, for all actions described in § 871.20(a) involving all of its motor vehicles sold during a five-consecutive-calendar-year period, by giving written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs by October 31 of the year before the period begins. Once made, the election can't be revoked during that five-year window, though the manufacturer can later make a fresh election covering the next five-year period.
If a manufacturer hasn't made an election covering a given year, this chapter's sections, 871.20 through 871.28, don't apply to that manufacturer's vehicles sold that year -- the claim instead proceeds under the ordinary Song-Beverly Consumer Warranty Act procedures, subject to the transition rule in § 871.30. To help consumers and their attorneys figure out which manufacturers have opted in, the Arbitration Certification Program has to publish, by December 15 of each year, a list of manufacturers electing to proceed under this chapter for the following calendar year.
Subdivision (d) closes the loop at the point of sale: when a vehicle is sold new, the manufacturer has to tell the consumer which procedure governs it -- this chapter, or the standard warranty procedures under Civil Code section 1792 and following.
Frequently Asked Questions
How does a manufacturer opt into Chapter 12?
By giving written notice of election to the Arbitration Certification Program within the Department of Consumer Affairs by October 31 of the year before a five-consecutive-year period of vehicle sales begins.
Can a manufacturer change its mind mid-election?
No. The election can't be revoked during its five-year period, though the manufacturer may make a new election for the following five-year period.
How can I find out if a manufacturer elected to be governed by this chapter?
The Arbitration Certification Program publishes a list of electing manufacturers by December 15 of each year, and the manufacturer must also disclose which procedure governs at the time of sale.
What governs a claim if the manufacturer never elected to be covered by this chapter?
The ordinary Song-Beverly Consumer Warranty Act procedures under Civil Code section 1792 and following, rather than this chapter.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:manufacturer election lemon law procedure californiaarbitration certification program manufacturer list