Tag: Lemon Law Time Limit

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! ¿Hablas Español? Contáctenos ahora para recibir más información.

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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.

Not sure what you should do if your car warranty repair is taking too long? As a consumer, you have rights and specific measures you can take under the lemon law. A repair shop or car dealership may be obligated to refund or replace your vehicle if car repairs aren’t possible. A car warranty repair taking too long is typically understood as more than 30 days after you brought it in. 

Is Your Car Warranty Repair Taking Too Long?

Nationwide lemon laws offer protection to drivers throughout the United States. However, before taking legal action against a manufacturer, there are certain steps you should take. These steps and the resulting outcomes will determine if you have enough merit to make file a lemon law claim. 

If your car warranty repair is taking too long you may be entitled to compensation. Prequalify below or call (310) 627-2665 for a free case evaluation. ¿Hablas Español? Contáctenos ahora para recibir más información.

See If You Qualify!

Let’s examine what rights consumers have when a car repair goes wrong.

Car Repair Warranty Law: An Overview

What Types of Laws Apply to Car Warranties?

Under U.S. federal law, warranties for vehicles and other consumer products must be written in clear, easy-to-understand language. They must specify who is covered by the warranty, provide a clear description of what is covered, detail the responsibilities of the warrantor and the consumer (including where and how repairs and maintenance can be performed), the expiration of the warranty, and ways to handle disputes with the warrantor. This law prevents manufacturers from using disclaimers on warranties in an unfair or misleading manner, and prohibits certain business practices such as conditioning coverage under a written warranty on the consumer’s use of an article or service identified by brand, trade, or corporate name unless that article or service is provided without charge to the consumer. Furthermore, a manufacturer can only deny warranty coverage if it can demonstrate that a non-original equipment part or related service caused a defect to occur in the original product​.

How Does Car Warranty Law Relate to Lemon Law?

A legitimate reason for bringing a lemon law case against a car dealer in California involves the manufacturer’s warranty. Most newly purchased or leased cars come with an initial warranty, which usually covers repair costs for a specific number of months or miles on more than one major car part.

Used vehicles may also still be under the original warranty or come with an extended warranty. When you bring your car in for warranty work or ask to have the vehicle repaired under warranty, it can be because something went wrong before it was supposed to. For example, your transmission might fail after 16,000 miles despite proper maintenance.

Say your transmission is under warranty for 18,000 miles with proper car maintenance. A repair shop should fix your broken car without charging you for these repairs. The shop should reasonably repair it within so many attempts and before 30 days. If your automobile is on a dealership hold for more than 30 days, you may have a legal right to demand a new vehicle.

Reasonable Time for Car Repair Under Warranty

There isn’t a specific timeframe set in law for how long a car repair under warranty should take. The time can vary depending on the complexity of the repair, the availability of parts, the workload of the service center, among other factors.

How do Laws Govern Car Warranties?

However, consumer protection laws such as the Magnuson-Moss Warranty Act govern how warranties work. The Act requires that a company provide a “reasonable opportunity” to repair the vehicle. What constitutes a “reasonable opportunity” or a “reasonable time” isn’t precisely defined by the Act, it can vary depending on the situation. In practice, it is often interpreted on a case-by-case basis, depending on the complexity of the repair and other factors.

How Does Car Warranty Law Work in California Specifically?

As for California, the state has the Song-Beverly Consumer Warranty Act, often referred to as California’s Lemon Law. This law states that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the buyer.

Under California’s Lemon Law, a “reasonable number of attempts” typically translates to 4 unsuccessful repair attempts for the same issue, or if the vehicle has been in the shop for over 30 days (not necessarily all at once) for any number of issues. If the problem is a serious safety issue, it could be as few as two attempts.

Make a Repair Complaint

In most cases, your first action is to file a complaint against the company repairing your car. One of the most effective ways to do this is through the Better Business Bureau. If the company has registered through the bureau, you can do this online via the company’s page. The repair company gets dinged if someone does not respond to your complaint.

A complaint may prompt the shop to make the needed repairs more swiftly or let you know what’s taking so long. Supply chain disruptions are valid reasons for repair delays. However, you should at least get a time frame or updates on this during the repair process. Unreasonable dealership holds may include not searching for used parts if your insurance accepts them.

Making a complaint does not cost you any money. But if the shop doesn’t have registration with the bureau, you may need to go through the company itself. You can try escalating your concerns with the service delay up the command chain. Sometimes calling your insurance company can also put additional pressure on the mechanic. 

Pro Tip: Keep detailed records of your visits to the repair shop, repairs made, and communication with the dealership/repair shop.

Lemon Law Coverage for Warranty Repairs 

Most states allow you to take legal action to get a new car if your car warranty repair takes more than thirty days. Warranties entitle you to a buyback or a replacement for your vehicle if a certified mechanic can’t repair your car. However, you may need to do more than take it in for repairs. You might also need to contact and inform the car’s manufacturer.

If a manufacture certified repair shop can’t fix your vehicle after two or more attempts, lemon laws will cover you. If the repair deals with a problem that could cause death or grave injury, it’s extremely likely you’ll win your case. Under the law and warranty, you should not have to pay for or sell your car. Instead, the carmaker has to purchase the vehicle back from you or give you money.

Legal coverage also applies to a car warranty repair taking too long. A repair that takes more than a month qualifies, even if it isn’t consecutive. You can choose a new automobile or ask the carmaker to pay for a refund. Your claim can then be marked as complete, assuming the dealer and manufacturer comply with the law. 

Can a Car be Replaced Under Warranty?

Yes, under certain circumstances, a vehicle can be replaced under warranty. The specifics of this process depend on the terms of the warranty and the laws of the jurisdiction.

In California, for example, the Song-Beverly Consumer Warranty Act requires that if a manufacturer or its authorized dealer is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of attempts (as described above), the manufacturer must replace the vehicle or return the purchase price to the buyer.

Similarly, many manufacturers’ warranties include provisions for vehicle replacement if a serious defect cannot be fixed after a certain number of attempts. These provisions are often included in “lemon law” rights that are provided by the manufacturer in addition to the rights provided by state laws.

If a dealership bought back a car and it’s a lemon, they must disclose that information if they show it to you. A dealership cannot market a vehicle as is without indicating it was not fixable. 

Talk to a Lemon Law Attorney

It is not uncommon for a dealership to take too long with a repair.  Whether you’ve filed a dealership complaint already or not, you should contact an experienced lemon lawyer.

A lawyer will gather all of the necessary documentation and fight your claim at on a contingency fee basis. It’s also a good idea to document any calls or communications you had with the dealership, the bureau, and the automaker. A lawyer may reach out on your behalf to see if they can expedite your car repair. If the dealership hold continues, they may file a lawsuit.

The dealer may continue to hold your car during this period, so you might need to keep your rental or borrow a car from friends or family. Your lawyer can also include this cost in your lawsuit, even if your insurance covers it partially. Some coverage will offer a discounted rate for rental cars if the vehicle isn’t drivable. 

Car Repair Taking Too Long? Some Final Thoughts…

A car warranty repair taking too long is unacceptable. When you take an automobile in for service, you expect results within a reasonable timeframe. If it’s going to take longer,  the company should inform you of that wait time. When service drags on for more than thirty days, it’s time to take action.

Your rights as a consumer include filing a formal complaint and receiving compensation. Typically, a mechanic will respond to those complaints in a timely fashion. They don’t want a black mark on their record or bad reviews and feedback online. A mechanic wants to show they’ve repaired cars in good faith and proved prompt service when asked.

If you find yourself in the unfortunate situation of having your car stuck in repair for too long, please contact Cali Lemon Lawyers today for a free case evaluation.

Click Here To Pre-Qualify!

Knowing the answer to the often-asked question of how long a dealership can hold your car for repair is important.

Leasing or purchasing a vehicle comes with the expectation of safety and reliability. However, many car owners encounter unexpected issues, leading them to seek repairs at dealerships. The duration a dealership can hold your car for repair often extends beyond initial estimates, causing inconvenience and concern.

This article explores the various factors that determine the repair duration at a dealership, offering clear guidance for car owners facing extended repair times.

If the dealership has had your car for an extended period of time you may be entitled to compensation under California Lemon Law. Prequalify below or call (310) 627-2665 for a free case evaluation. ¿Hablas Español? Contáctenos ahora para recibir más información.

See If You Qualify!

How Long Does the Dealership Legally Have to Repair Your Car?

Regardless of if your car is new or used, the car dealership has 30 days to repair your car as long as the vehicle is under warranty. This 30-day period does not have to be consecutive days. If multiple trips to the dealership result in the dealership holding your car for more than 30 days, you are likely entitled to compensation.

Your car also qualifies for compensation under the lemon law if it was under warranty during two or more repair attempts (Could be less than 30 days).

How long can a mechanic legally keep your car to fix it?

When it comes to independent mechanics or repair shops, the duration they can legally keep your car to fix it is not specifically regulated by law. Unlike dealerships, there is no standard timeframe set for repairs. The time taken to fix your car can vary depending on the complexity of the issue, the availability of parts, the workload of the mechanic, and other factors.

Typically, when you bring your car to a mechanic, they will provide an estimated timeframe for the repairs based on their assessment of the problem. However, it’s important to note that unforeseen complications or delays can arise during the repair process, potentially extending the time it takes to get your car back.

Communication with the mechanic is crucial in understanding the timeline for repairs. It’s recommended to ask for an estimated completion date and regular updates on the progress of the repairs. If the repair process is taking longer than anticipated, it’s advisable to have a conversation with the mechanic to clarify the reasons for the delay and to ensure that work is actively being done on your vehicle.

While there is no specific legal limit on how long a mechanic can keep your car, it’s reasonable to expect that repairs should be completed within a reasonable timeframe. If you feel that the mechanic is unreasonably delaying the repairs or failing to provide adequate communication, it may be necessary to discuss the issue with them or consider seeking assistance from a consumer protection agency or a legal professional.

How Long Can a Dealership Hold Your Car For Warranty Repair

Another important factor to consider when determining how long a dealership should hold your car for repairs is whether the vehicle is covered by a warranty. If your car is still within the warranty period, it’s advisable to contact the dealership and inquire about the reason for the delay in repairs. Depending on the nature of the repairs needed, it’s possible that the necessary work may take a significant amount of time to complete.

In the case of used cars, they often come with a limited warranty that has specific conditions. It is crucial to carefully read and understand the details outlined in your warranty before reaching out to the dealership or filing a complaint. Filing a complaint without the protection of a warranty may not yield the desired outcome.

By reviewing your warranty, you can determine the specific rights and remedies available to you in case of a delay in repairs. It’s recommended to pay attention to any stipulations regarding repair timelines or the resolution process. Understanding your warranty will help you navigate the situation effectively and take appropriate action if necessary.

Remember that warranty terms and conditions can vary, so it’s essential to review the specific details of your warranty coverage and consult any relevant state or local consumer protection laws to understand your rights fully.

Did You Get an Agreement From the Dealership?

One of the crucial steps you can take to ensure that you receive your car back from the repair shop within a reasonable timeframe is to have a written agreement that specifies the expected duration for the repairs. While there is no legal requirement for a signed agreement before repairs, having a written document outlining the timeframe is highly recommended.

By having a written agreement, you have a tangible piece of evidence to support your claim in case the dealership holds your vehicle for an extended period. This agreement can serve as proof of the expected completion date and can be used to establish the dealership’s obligations. It is always advisable to retain a copy of this agreement for your records.

It’s important to note that insurance companies typically allow around 10-20 days for repairs. While this timeframe may be sufficient for warranty repairs, it may vary depending on the nature and complexity of the repairs needed. However, the specific duration can differ between insurance policies and individual circumstances.

Remember to communicate openly with the repair shop and request regular updates on the progress of the repairs. If the repair process exceeds the agreed-upon timeframe or if there are significant delays without a valid reason, referring to the written agreement can help facilitate discussions and potentially resolve the issue more effectively.

How Can You Receive Compensation For A Defective Car?

The Lemon law protects consumers who have purchased bad cars. If you purchase a vehicle experiencing issues due to a manufacturing defect, it’s a lemon and may be protected under the lemon law.

Lemon laws are not uniform across the nation but regulated from state to state. If you think you have a lemon you’ll want to look at lemon laws in your state to learn what rights you have. In general, lemon laws consider the car’s issues, how long the owner has been without a vehicle, and how often the owner has sent it for repair.

After considering all the information, the manufacturer may be required to repurchase the car or provide you with a replacement vehicle. 

When opting to make a complaint against a manufacturer, make sure that your paperwork is in order. Documenting everything that happens with your car will help you file a successful claim.

You should document when you started having troubles with the car, what those issues are, when you took the vehicle to the repair shop, how many times, receipts, and how much money, if any, you have spent attempting to get your vehicle fixed.

Steps You Should Take If The Dealership Has Held Your Car For Too Long

After you have given the manufacturer a reasonable amount of time (30 days) to fix your car and gathered your paperwork, your first course of action would be to contact a lemon law attorney. 

The attorney will gather all valid proof like work orders and invoices for your case. You’ll also want to state what you see as a proper solution, but be clear about what that solution is. If you want a refund, request it. Don’t leave any action you want done unsaid.

An attorney will review the merits of your case at no cost to you. They will then handle any and all communicate with the manufacturer to handle your case.

Cali Lemon Lawyers can do the work and help you get what you deserve. California’s Lemon law states that you may be eligible to get your money back or get another car if your new car can’t be fixed by the dealership, even after several attempts. The law is on your side! 

If you are in this predicament, contact Cali Lemon Lawyers to assist. Let’s turn your lemon into lemonade!