California Lemon Law, also known as the Song-Beverly Consumer Act, protects consumers from an unrepairable vehicle defect. Yet, it’s very easy to miss important deadlines and miss out on California Lemon Law reimbursement.
For drivers to have any recourse, a Lemon Law defect typically must first occur within 18 months of vehicle delivery or 18,000 miles, whichever comes first, while the car is under the manufacturer’s warranty term. From that time, you have four years to file a Lemon Law claim.
Facing Lemon Law issues in California? Our experienced and successful California Lemon Law attorneys have helped thousands of others win their cases and are ready to fight for your rights. Trust our expert legal team to navigate the complexities. Get in touch today for a free consultation.
In this guide, we discuss what’s covered under the Lemon Law and show you what issues qualify for reimbursement. We also review important deadlines and provide you with tips to ensure a successful outcome.
A lemon car isn’t one that simply needs repairs. Instead, it’s a vehicle covered by the manufacturer’s warranty, but with defects beyond what’s reasonable. A lemon vehicle in California has defects impairing its safety, value, or use, and the manufacturer cannot repair it after a reasonable number of attempts within the warranty period.
Does your car qualify as a lemon? Suppose the new vehicle is still under the manufacturer’s warranty and cannot be repaired. In that case, you may be entitled to compensation, either in the form of a Lemon Law buyback or a replacement.
You might be wondering how long can a dealership hold your car for repair. While your vehicle is under warranty, the dealership is required to repair it and return it to you within thirty days. However, these days don’t need to run consecutively. If the vehicle has been in for several repair attempts for the same problem, the time is counted from how many days it has been in the shop overall. Multiple repair efforts are counted as one instance.
Some of the most common car problems can allow you to file a Lemon Law claim. Here are just a few examples to consider:
These provisions are in place to protect consumers from vehicle defects and malfunctions. Without them, countless people would be driving vehicles that are unsafe or unusable and not worth what people paid for them. We file Lemon Law claims to prevent this from happening.
You must file a Lemon Law claim within four years of discovering the defect. For new cars, that defect must have started within 18,000 miles or 18 months of taking ownership. With used cars, there are other complexities involved, making it more challenging to set a time. The legal options are only available while a warranty covers the car.
To fully understand the time limits that apply to your lemon vehicle, it’s best to speak with a knowledgeable attorney. While California’s Lemon Law includes a four-year deadline tofile the claim, other factors may impact this timeline. In some situations, you may also have the legal right to sue the manufacturer for issues not covered under the state’s Lemon Law.
While it may be tempting to file a Lemon Law claim without an attorney, it’s best to forgo being on your own. Manufacturers may take advantage of your inexperience and force you into a deal that’s not in your best interest. Your rights must always be prioritized first. Our lawyers are the best at what they do and provide better representation because they don’t settle for less than what’s deserved.
While the defect must first occur within 18 months or 18,000 miles of having the car, you have longer than that to file a claim. In California, a claim can be filed up to four years after the defect first happened. However, the time of the Lemon Law process depends on several factors, although it normally takes several months to a year before a resolution is reached.
If you think your vehicle is a lemon in California, you want to start the legal process now. To begin, gather documentation of all the communication between you and the dealer or manufacturer. Make sure you have the following information on all documentation:
It’s also vital to have the service work orders from the dealership regarding the repairs. If you have proof of the mechanical fault (such as pictures or videos), this is also helpful.
According to California’s Lemon Law, you must have contacted the manufacturer to formally start the process. Our qualified Lemon Law attorney can help with this step and stand with you through the entire Lemon Law claim until you get what you are entitled to.
To ensure you meet the California four-year time limit, consider these three essential tips:
By remaining proactive, you can meet the guidelines and get the compensation you deserve. A trusted lawyer keeps you in the loop through the entire process.
If you are wondering how much do Lemon Law attorneys cost. That’s the best part. Not only can you get a free case evaluation, but your legal fees may be covered by the manufacturer in qualifying cases.
Under California law, used cars can be included in a Lemon Law claim. However, the timeframe for finding defects can be significantly shorter than with a new car. While you still have four years from when the defect was discovered to file a Lemon Law claim, you may not have 18,000 miles or 18 months to find the problem. Instead, the used car time limit is directly related to the warranty coverage.
Other complexities remain the same as with a new car. Therefore, you must have allowed for a reasonable number of repair attempts (typically four unless there’s a safety issue), and you want to have all of the documentation regarding these repairs when you file a Lemon Law claim.
Thankfully, the Lemon Law case doesn’t need to be filed in the first 18 months. There’s a four-year statute of limitations on California’s Lemon Law. However, the defect must first occur within 18 months or 18,000 miles, whichever comes first.
If you don’t file a Lemon Law case within this timeframe, you could miss out on getting compensation. Therefore, it’s wise to act rather than later.
Little can be done with the Lemon Law claim after the filing date has passed. Yet, you don’t need to give up hope.
Even though you may not be able to start a Lemon Law case, you could still sue the car dealership or manufacturer if there are issues with warranty misrepresentation or fraud. Instead of continuing to deal with a faulty vehicle, it’s best to consult a Lemon Law attorney for more guidance.
Depending on the situation, you may be eligible for one of the following means of compensation:
A Lemon Law buyback occurs when the manufacturer purchases the defective vehicle back from you. The amount received depends on how long you drove the car before the defect first started. By receiving this compensation, you are free to choose whatever car you want to drive going forward. Included in the buyback may be compensation for other fees, such as towing or a car rental.
The manufacturer may offer to provide you with another vehicle that does not have the same faulty defect as the one you are currently driving. The car should be a similar model with comparable mileage, but free of warrantable problems. This outcome is often the easiest to deal with when car loans or lease payments are involved, as the dealership can transfer the existing agreement to the new car.
With the cash and keep settlement, you don’t have to return the vehicle, but you still earn some money for your troubles. When California Lemon Law covers your vehicle, you may have the option to put up with the defects and take a small payout. However, you will be responsible for disclosing that it’s a lemon vehicle when you go to sell it, and you won’t be able to file any more claims regarding those defects, so it’s best to speak with a law firm about the decision.
The best time to file a lemon claim is as soon as you realize your car is eligible. While the Lemon Law time limit is up to four years, you don’t want to miss out. If you act sooner, you have time to work out the details with a qualified attorney, ensuring you get maximum compensation.
Don’t let the Lemon Law time limit pass before getting what you deserve. Time is quickly running out on your Lemon Law claim, and you don’t want to miss out. Our experienced attorneys at The Lemon Pros are here to help you navigate the process. Call today for your Lemon Law consultation.
Learn more about our Lemon Law attorney practice in Beverly Hills.
California’s Lemon Law can be confusing, especially when it comes to deadlines, warranty rules, and what qualifies. Below are quick answers to common questions about the Lemon Law time limit in California, how the 30-day rule works, and what kind of refund you might expect.
It’s difficult to put an average number on Lemon Law compensation in California. Depending on the situation, Lemon Law cases can average from $40,000 to $50,000. The amount is affected by several factors, including the type of vehicle, the vehicle's price, manufacturer defects, arbitration outcomes, and other expenses incurred. If your vehicle meets the Lemon Law presumption, you may be entitled to either a replacement vehicle or a cash offer. The manufacturer may also be expected to cover your professional fees and other expenses, thereby relieving you of any additional costs.
A car legally meets the terms of California’s Lemon Law if the defect occurred within the first 18,000 miles or 18 months. You must have allowed a reasonable number of repair attempts, typically four. Additionally, the defect must substantially impair the vehicle’s use, safety, or value.
As a consumer, the defect must first occur within 18,000 miles or 18 months, but you have longer than that to file the claim. In California, you have up to four years from the time the defect started. However, it’s always better to file as soon as possible rather than later.
Because the statute of limitations lasts for up to four years, the car can have a decent amount of mileage on it before you file a claim. However, the defect in question must have started before the car hit 18,000 miles or 18 months old, whichever comes first.
As a consumer, you have a responsibility to file a Lemon Law claim within four years of the defect occurring. With that said, the defect itself must have started before the car was 18 months old or hit 18,000 miles, whichever comes first.
Yes, it might. If your car qualifies, you may get a buyback that includes your payments, taxes, and fees, minus a usage deduction based on mileage before the defect.
Your car must be purchased or leased in California, have a defect under the vehicle’s warranty, and the issue must remain after a reasonable number of repair attempts, typically within the Lemon Law time limit.
If your car is in the shop for warranty repairs for a total of 30 days and still isn’t fixed, the Lemon Law applies, as long as the issue happens before the warranty expires.
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