Our California Lemon Law Attorneys have evaluated over 40,000 inquiries over the last 3 years alone. One of the most frequent topics we discuss with consumers is the specific timeframe available to file a successful lemon law claim.
So, how long is the lemon law good for? Is there a time limit? What are the nuances of the California Lemon Law Statute of Limitations? This article will answer all of those questions.
If you’d like detailed information specific to your situation, call us now for a free consultation. Otherwise continue reading for everything you need to know about the California Lemon Law time limit, how to qualify, and how to file a successful claim. Let’s get started!
California Lemon Law Statute of Limitations:
In California, the Lemon Law grants you a four-year window to file a lemon claim. The California lemon law time limit begins when the defect is first found and brought in for repairs under warranty.
It’s crucial to keep your repair receipts, copies of any correspondence with your dealership, and detailed records of all events so that the claim (and timeframes) can’t be disputed.
Of course, the sooner you file, the higher the likelihood of success. If you wait more than 4 years, it’s significantly harder to file a valid claim.
The Timeframe for Filing Lemon Law Claims in California
Many consumers incorrectly believe that this timeframe begins when you buy or lease the vehicle, but this is not true! Additionally, despite what you may read on certain websites or hear from individuals, the Lemon Law provides consumer protections that go beyond the initial 18 months or 18,000 miles of vehicle ownership.
Preparing to File Your Lemon Law Claim:
Here’s what you need to know:
Duration and Depth of Protection: California’s Lemon Law extends its shield for the full term of the vehicle’s warranty period. It’s not limited to just the initial 18 months or 18,000 miles. The Lemon Law protects consumers against defects that substantially impair the use, value, or safety of your vehicle.
Protection Beyond Warranty: If issues with the vehicle arise while under warranty and persist, your consumer rights under the Lemon Law may continue to be enforced even after the warranty period has passed.
Qualification Criteria: For a vehicle to qualify under the Lemon Law, it must have a substantial defect that cannot be fixed after a reasonable number of repair attempts, typically considered to be two or more, especially if the defect could lead to serious injuries. Alternatively, if the vehicle is in the repair shop for more than 30 days (cumulative) for warranty repairs, it may also qualify.
Legal Recourses Available: Should your vehicle be determined as a “lemon,” under California’s Lemon Law, you might be entitled to either a replacement vehicle or a refund of the purchase price. Additionally, manufacturers are typically required to pay for the consumer’s attorney fees and costs in successful Lemon Law claims.
Increase Chances of Success With Your Lemon Law Claim
Navigating through the complexities of the California Lemon Law within the stipulated time limit is crucial to safeguard your rights and secure a favorable outcome.
It’s always better to act sooner than later. At Cali Lemon Lawyers, we specialize in ensuring you don’t walk this path alone. Our experienced team is here to simplify the process, protect your lemon law rights, and drive towards a winning resolution. Contact Cali Lemon Lawyers today to file a lemon law claim. Together, let’s turn your sour experience into a victory, ensuring that the only one stuck with a lemon is the manufacturer, not you.
In the landscape of consumer protection, ‘Lemon Laws’ emerge as critical legislation. These laws address defective vehicles – often referred to as ‘lemons’ – including cars and trucks to motorcycles and RVs. Persistent and chronic problems covered by your car warranty, impacting your vehicle’s safety, value, or usability, may qualify it as a lemon. The defects could range from engine stalling, battery faults, to broken windows and radio issues. If you find yourself with a lemon, laws typically offer three paths: cash compensation, a manufacturer’s repurchase or a replacement vehicle.
Contact Cali Lemon Lawyers for a free lemon law case evaluation today. Leverage in-depth knowledge of regulations to ensure your rights are protected and you receive fair treatment.
What is the Lemon Law?
The Lemon Law is a consumer protection law that offers remedies to individuals who purchase or lease vehicles, commonly cars, that fail to meet quality and performance standards. These laws are designed to protect consumers from vehicles that are sold in a defective condition (“lemons”).
Typically, if the vehicle exhibits significant defects within a certain period after purchase or within a certain number of miles—whichever comes first—the buyer is entitled to a remedy from the manufacturer. This often takes the form of a complete refund or a replacement vehicle.
How do Cars Qualify for the Lemon Law?
However, the manufacturer must be given a “reasonable” number of attempts to repair the issue before the law’s protections kick in. The definition of “reasonable” may vary from state to state, but generally, it’s defined as a specific number of repair attempts or a specific amount of time that the vehicle is out of service due to repairs.
Lemon laws vary significantly from one state to another in terms of their coverage and specific provisions. Some laws cover used and leased vehicles, while others only cover new vehicles. Some apply only to vehicles purchased for personal use, while others may extend to commercial vehicles.
It’s important to note that the Federal Magnuson-Moss Warranty Act also provides certain protections similar to lemon laws on a national scale. This law applies to all consumer products, including vehicles, that come with a warranty.
Understanding the specifics of the Lemon Law in your state is key to knowing your rights and remedies should you end up with a defective vehicle.
What Does the Lemon Law Cover?
Manufacturing Defects and Non-conformity to Warranty Standards
The Lemon Law primarily covers issues that arise due to manufacturing defects. These are problems that originate in the factory where the vehicle is made, usually due to faulty components or improper assembly. If your vehicle has a manufacturing defect that causes it not to conform to the manufacturer’s express warranty, it could be considered a lemon under the law. However, it’s crucial to remember that minor defects, such as cosmetic issues, might not qualify under this criterion.
Recurring Problems That Affect the Vehicle’s Performance, Safety, or Value
Defects that Affect Performance
Performance-related defects are another significant category of problems covered by the Lemon Law. If a defect or condition hampers the vehicle’s operation, compromises its performance, or renders it unusable, the Lemon Law could come into effect. This could include problems related to the engine, transmission, steering, or any other essential system of the vehicle.
Safety-Related Issues
The Lemon Law also covers defects that present a serious safety risk. If a fault in your vehicle could cause injury to passengers or other road users, or if it could lead to substantial property damage, it is generally considered a serious safety defect. Examples could include faulty brakes, defective seat belts, and malfunctioning airbags.
Impact on Value
Defects that significantly decrease the vehicle’s market value can also trigger protections under the Lemon Law. Such defects might not necessarily affect the performance or safety of the vehicle, but they could still render the vehicle a lemon due to their impact on the resale value.
Issues Not Rectified Despite Reasonable Repair Attempts
Finally, the Lemon Law is designed to cover situations where the manufacturer or dealer has had a reasonable opportunity to fix the vehicle’s issues but has failed to do so. The specific number of repair attempts required to qualify as a lemon may vary from state to state, but in most cases, if a serious defect persists after multiple repair attempts, the Lemon Law will apply.
The Full Scope of the Lemon Law in California
The Types of Vehicles Covered by the Lemon Law
While most people associate the Lemon Law with new cars, its application can be much broader. The law may apply to other types of motor vehicles as well, depending on the specific statutes in your state.
Cars
Both new and used cars can be covered by the Lemon Law, provided they’re covered by a manufacturer’s warranty. This includes both purchased and leased cars. However, the specifics can vary from state to state.
Motorcycles
In many states, motorcycles are included under the umbrella of the Lemon Law. However, this isn’t a universal rule, and in some areas, motorcycles may be excluded.
Recreational vehicles (RVs)
RVs, or motorhomes, might be covered under the Lemon Law, but this often excludes the portions of the RV that are used for habitation. For these vehicles, only the mechanical components may be considered.
What the Lemon Law Cover: State vs Federal Laws
Each U.S state has its own set of Lemon Laws with varying scopes and specifics. Federal law also includes a provision, the Magnuson-Moss Warranty Act, which serves as a form of Lemon Law covering consumer products, including vehicles, on a national level.
New vs Used Vehicles: Who is Protected?
While Lemon Laws are more commonly associated with new vehicles, the lemon law also covers used vehicles under certain circumstances. If a used vehicle is still under its original manufacturer’s warranty, it may be covered. Some states also have specific Used Car Lemon Laws.
What Types of Problems Can the Lemon Law Cover?
The range of issues that the Lemon Law might cover is as diverse as the vehicles themselves. The anomalies could be apparent right from the moment you drive your vehicle out of the dealership, or they might surface weeks, months, or even years later. Whether minor or major, overt or subtle, the key determinant is that the defect is a nonconformity – a deviation that significantly affects the vehicle’s safety, usability, or value.
In the realm of vehicular safety, some common challenges that might manifest themselves include:
Engine Issues: These could range from stalling, refusing to start, overheating, hard starting, rough running, lack of power, to misfires, or surging. The appearance of black smoke from the exhaust or problems with turbochargers also fall under this category.
Transmission Problems: Slipping, jerking, hesitation, hard shifting, or leaks in the transmission fluid are some examples.
Steering and Brake Concerns: If your car pulls to one side, the brakes vibrate or show signs of premature wear, make abnormal noises, or are outright defective, it could potentially be a lemon law case. Steering vibrations also fall into this bracket.
Warning Light Alerts: Ignition of the Check Engine Light, Airbag Light, ABS Light, or other warning lights are clear indicators of potential safety threats.
Fluid Leaks: These could include oil, fuel, coolant, or power steering fluid leaks.
Electrical Glitches: These might encompass blown fuses, flickering dash lights, malfunctioning headlights, tail-lights, turning signals, brake lights, air conditioning, windows, doors, and more.
Structural Problems: Defects in suspension, premature or uneven tire wear, and malfunctions in airbags are all severe concerns.
Unusual Phenomena: Any abnormal noises or signs of the engine running hot could also qualify for lemon law protections.
The Lemon Law shields consumers from a broad spectrum of vehicle defects, and understanding its scope can significantly enhance your consumer protection.
How Does a Lemon Law Buyback Work?
The procedure of securing a lemon law buyback begins with a legal complaint against the manufacturer. This is something that our lawyers can help you with. Since automakers fight hard to defeat lemon law claims and decrease financial payouts, we expect opposition. We, on the other hand, are proactive and know how to win. We are unafraid of the manufacturers’ lawyers, and we are committed to achieving the best possible result for our clients. To win a lemon law case, you need to be able to:
Demonstrate that the fault jeopardizes the usage, value, or safety of your car
Make a “reasonable attempt” to have the defect repaired by a mechanic or dealership
This is why you must have proof that you attempted to have the motor vehicle repaired, meaning that you must keep all receipts, used parts, and work orders from every one of your repair appointments.
Do Not Drive Unsafe Vehicles
It is critical to recognize that many of the aforementioned auto difficulties make driving a vehicle dangerous. If your car’s engine, brakes, or steering are malfunctioning, you should stop driving it. If your vehicle’s safety features, such as dashboard lights that aren’t working or an airbag that isn’t working, you should be aware that these problems can lead to accidents, injuries, and even death. While some lemon problems are simply inconvenient or expensive, others could jeopardize your safety and the safety of other people around you.
Understanding Your Warranty and What it Covers
Understanding your vehicle warranty is an essential prerequisite for successfully leveraging the protections offered by the Lemon Law. A warranty is a promise by the manufacturer, stated in a written document, that it will stand behind its product for a specified period and rectify any manufacturing defects or failures that may occur.
The Two Types of Warranties
When it comes to vehicles, there are typically two types of warranties that consumers should be aware of:
Express Warranty
An express warranty is the most common type of warranty. It is a written guarantee that comes with the vehicle upon purchase. It covers specific parts of the vehicle and lasts for a certain number of miles or a specified period, whichever comes first. The warranty details what kinds of defects or malfunctions are covered and explains the steps to obtain repair or replacement.
Implied Warranty
Implied warranties are unwritten and unspoken promises that a vehicle will be fit for its intended purpose. There are two types: the “implied warranty of merchantability,” which assures that a product will do what it’s supposed to do, and the “implied warranty of fitness for a particular purpose,” which applies when you buy a vehicle based on the dealer’s advice that it is suitable for a certain use.
Understanding Warranty Terms and Conditions
Before you can take advantage of the Lemon Law, you need to understand the specifics of your vehicle’s warranty. Here are a few key aspects to consider:
Duration and Mileage
Determine how long your warranty lasts and how many miles it covers. Usually, the warranty period is specified as a timeframe and a maximum mileage, and it expires when either limit is reached.
What’s Covered and What’s Not
Not all vehicle parts or problems are covered by a warranty. Carefully review your warranty to understand what’s included and what’s excluded. For example, wear-and-tear items like brakes and tires, or damage from accidents or misuse, are typically not covered.
The Process to Claim the Warranty
Understand the procedure to make a warranty claim. This usually involves notifying the dealer or manufacturer of the problem and taking the vehicle to an authorized repair facility.
Knowing the specifics of your warranty not only helps you make informed decisions when issues arise but also equips you with the knowledge to assert your rights under the Lemon Law if the need arises.
Contact A Lemon Law Attorney Today
We know there are plenty of lawyers out there; however, most of them don’t have the same level of experience or success with lemon law matters as Cali Lemon Lawyers. Our legal team is comprised of the brightest and best in the field. We have hundreds of satisfied clients, of which many of them have written five-star testimonials for us.
Here are a few reasons why you should pick us:
Years of Practical Experience
Our attorneys have a combined expertise of a few decades representing individuals throughout California. During this time we have filed thousands of claims and reviewed over 40,000 potential cases.
Our Attorneys Win Lemon Law Cases
Our attorneys have a track record of success. Cali Lemon Lawyers has a success rate of 99 percent. This, we believe, speaks volumes about our attorneys’ abilities. While we cannot promise the outcome of any one case, you can be assured that your claim is being managed by lemon law attorneys with a proven track record of success.
We Value Our Attorney-client Relationships
Client relationships are important to us. In general, clients are often treated as nothing more than a case file in high-volume law firms. The file is handed around until it reaches a paralegal or junior associate who simply wants to complete it and go on with their life. Cali Lemon Lawyers is a unique duo. We take pleasure in getting to know our customers. It also aids us in crafting settlement agreements that are tailored to their specific requirements.
We Have Knowledge Regarding All Lemon Laws
The lemon legislation in California is an excellent illustration of how a state legislature can empower citizens. In addition, the statute’s text, on the other hand, leaves a lot to be desired in terms of clarity. Our lawyers are familiar with the statute’s intricacies as well as the numerous court decisions that have interpreted it. We put our expertise to work for you.
There Are No Surprises
The majority of the vehicle market in the United States is controlled by a small number of companies. We keep coming up against the same businesses. This enables us to anticipate their responses to accusations concerning specific models and technical flaws. Therefore, you are never in the dark about what to expect as our attorneys explain how these insights may affect your claim.
Get a Free Consultation for Your Lemon Law Coverage Claim
Before you make any choices about a claim, we always review your circumstances with you in a free first consultation. Make sure to contact us for a free case evaluation today! Furthermore, we offer reasonable attorney fees that do not break the bank.
If your car under warranty has been having problems, you may be entitled to compensation. Vehicles that don’t meet the standards set by their manufacturers or simply don’t function properly often get the title of “lemon”.
In this article, we’ll cover everything you need to know to determine what qualifies a car as a lemon and what steps you should take to get a refund or replacement vehicle. Give us a call or fill out the form below to quickly see if your car qualifies.
With a thorough understanding of car lemon law qualifications and how to properly document your visits to the mechanic, you’ll be able to file a claim.
What Qualifies a Car as a Lemon?
According to California Lemon Law, a car is considered a lemon if it has severe defects that cannot be repaired by a certified repair shop after a reasonable number of attempts, while the car is still under warranty. In addition, if the car is new and was serviced by an authorized mechanic or the original manufacturer, it is more likely to qualify as a lemon. Understanding what qualifies a car as a lemon under California Lemon Law can help consumers make informed decisions when it comes to purchasing or leasing a vehicle.
Below we define “severe defects”, “reasonable number of attempts” and “warranty” to give you a clearer picture.
Serious Defects
According to California Lemon Law, a “serious defect” is a defect or condition that substantially impairs the use, value, or safety of a vehicle, and that is covered by the vehicle’s warranty. The defect or condition must be one that the manufacturer or dealer is unable to repair after a reasonable number of attempts, or that is likely to cause death or serious injury if it is not repaired.
Examples of serious defects might include problems with the engine, transmission, braking system, or electrical system that make the vehicle unsafe to drive, or render it inoperable. Additionally, the defect must be reported within a certain time frame after delivery of the vehicle, usually 18 months or 18,000 miles whichever comes first for the Lemon Law protection in California.
Reasonable Attempts To Fix It
The manufacturer must be given an opportunity to fix this issue. In California, this is typically 2 or more repair attempts depending on the seriousness of the issue. If the vehicle has been to the vehicle manufacturer two or more times and the issue is still not fixed, it will likely qualify as a lemon. A repair from from an unlicensed mechanic, would not qualify as an attempt.
Pro Tip: Keep paperwork from every visit, even if the problem seems fixed.
A reasonable number of mechanic visits can vary depending on the situation and the severity of the issue. Some claims are valid after two repairs, while others need more or less. Talk to a California lemon law attorney or law firm about your particular situation.
Warranty Period
In order for a car to qualify as a lemon, it must have had these sever issues and repair attempts during the warranty period. Used cars do not qualify because they are not sold by the vehicle manufacturer directly.
Of course, not all warranties are fair. Most written warranties are worded so that you can apply for a lemon law claim—it’s illegal for car companies to write grossly unfair warranties or create situations in which you can’t exchange your car. If you feel your contract doesn’t cover enough, talk to a lemon law attorney about it.
30 Days or More
Another lemon law qualification is the amount of time it has been our for repair. If you have a new car and it’s been in the shop for more than thirty days, you can receive a replacement or refund.
There are certain key factors to be aware of. As soon as you buy your vehicle, you should ensure that you understand what’s covered under warranty and how long the warranty period is. If your new vehicle ends up being a lemon, you’ll be grateful you understand this.
Used Cars
Most state lemon laws protect new cars, whether leased or sold. This is because lemon laws exist to encourage manufacturers to aim for the highest quality standards in their cars. Once resold, the vehicle cannot qualify for a lemon law claim unless a dealer warranty was included in the sale.
Broken Warranties
If you break the warranty in any way, your car won’t qualify. This rule is to protect manufacturers from fraudulent claims and help law firms decide which claims will be legitimate in a court of law. When you buy a car with a warranty, ensure that you read it carefully and agree to it before signing.
Repossessed Cars
If you’ve lost your vehicle to repossession, you won’t be able to apply for a lemon law claim, even if the car is a lemon. Cars with outstanding loans are also difficult to qualify for, so ensure that you keep your payments up to date and stay on top of your car finances. This will be helpful if you need to take it in for multiple repairs.
Alternative Mechanics
Unfortunately, taking a new car to a mechanic other than the manufacturer can void the warranty and make it impossible for your vehicle to qualify. As long as your car is under contract, any significant repairs and maintenance should be free or cost-reduced. Take your car back to the manufacturer or approved mechanic for service.
Lack of Paperwork
The most frustrating way to disqualify your car from a lemon claim is to not have the correct paperwork. Every time you take your car in for service, keep the paperwork. It may seem redundant, but you’ll have to be able to prove that your vehicle has undergone a reasonable number of repairs for this issue.
How to File a Lemon Law Claim
The process for filing a lemon law claim is relatively straightforward, and best handled by an attorney. If you think your car qualifies, a find an attorney that will work on a contingency fee basis – meaning they will not get compensated until you win your case. They will help you file and ensure that you have all the necessary proof and paperwork to receive maximum compensation.
You can file a law claim on your own, but an experienced attorney will increase your chances of success and speed up the entire process. Most state lemon laws require substantial documentation, and California is no exception. Prepare to have all of your paperwork looked at, from your ID to your bill of sale.
The first step will be contacting your dealer and informing them that you will be filing a lemon law complaint. Dealers receive a set of cars from the manufacturer, and it often isn’t their fault that a lemon ended up on their lot. However, they can be of assistance and offer paperwork to help.
Once you’ve officially filed a claim, you’ll wait for a court date. The court date will consist of you presenting all your information to the court and awaiting a verdict. With a lawyer’s assistance, you will likely be able to receive damages and get a new car or monetary reimbursement. It is not uncommon to receive a settlement offer from the manufacturer prior to going to court.
Leased Cars
If you don’t own your car, you can still qualify for a claim. The same rules apply to leased cars:
Keep track of all your paperwork.
Stay up to date on your payments.
Don’t break the warranty.
If you do all these things and your car turns out to be a lemon, you can receive a replacement.
Final Thoughts
Hopefully, this has helped you understand what qualifies a car as a lemon. Save yourself the hassle. Cali Lemon Lawyers can help you file a lemon claim and save you thousands of dollars.
