California’s Lemon Law provides valuable protection if you have purchased or leased a motor vehicle with significant warranty-covered problems that have not been resolved after a reasonable number of professional repair attempts. The law requires the vehicle manufacturer to replace a faulty vehicle or repay the purchase price and associated costs if the vehicle is shown to be defective, or a “lemon.”
But the Lemon Law imposes time limits on a claim through a general statute of limitations and other deadlines that apply to claim eligibility. At The Barry Law Firm, we’ve helped thousands of California consumers pursue Lemon Law cases and recover money they’ve spent on faulty motor vehicles. We can help you understand the time limits associated with filing a Lemon Law claim and protect your rights.
Contact us for a fast and free consultation if you’re tired of dealing with unresolved problems covered by your car’s warranty.
The Basics of California’s Lemon Law
California’s Song-Beverly Consumer Warranty Act says a motor vehicle is a “lemon” if a defect covered by the manufacturer’s warranty that significantly impairs the vehicle’s use, value, or safety proves to be unrepairable. However, it requires a reasonable number of repair attempts by the manufacturer (typically through one of the manufacturer’s dealerships).
What is considered a reasonable number of repairs can vary from case to case. Under California Lemon Law, if the defect poses a significant danger, two or more attempts to fix the problem are typically considered reasonable. Manufacturers may be entitled to more than two attempts to fix the problem if it is less severe. In certain circumstances, a vehicle may automatically qualify as a lemon if it is out of service for an inordinate amount of time.
The unresolved problem(s) must have been covered by the warranty when the car owner first tried to have it repaired. If the warranty expires after a covered problem has been reported to the manufacturer, the vehicle remains eligible for a claim based on the inability to resolve that issue.
A consumer may require the manufacturer to buy back a lemon or replace it with a similar vehicle. Restitution in either case also includes compensation for fees (title, tags, etc.) and associated costs (towing, vehicle rental, repair work, etc.).
Key Time Limits for California Lemon Law Claims
California’s Lemon Law has several deadlines and time limits, which may nullify a claim if they are misunderstood and violated. A qualified Lemon Law lawyer from The Barry Law Firm can process your claim in a thorough and timely manner to protect your right to be compensated for your losses.
Here are two limits in the Lemon Law time frame to keep in mind:
- Warranty: The end of your warranty period is an important deadline. The Lemon Law is meant for newly purchased or leased vehicles. The problems with your vehicle must start while it is still under warranty. However, you can still file a claim if it is no longer under warranty as long as you tried to fix it while it was covered.
- Statute of limitations: California’s Lemon Law statute of limitations requires you to file a lawsuit within a certain number years from when you first purchased or leased the vehicle. Some Lemon Law claims are easily settled, but many require a lawsuit.
Because of these time limits on a claim, you should speak to a California Lemon Law attorney at The Barry Law Firm as soon as possible after multiple repair attempts have failed to resolve a warranty-covered issue with your vehicle. We can determine how long you have to file a Lemon Law claim and ensure that your case meets the legal requirements necessary for it to move forward toward resolution.
Preparing for a Lemon Law Claim
If your vehicle is a lemon, it will be critical to document what you have done to have it repaired and that the issues are under warranty. You should keep documentation such as:
- The purchase or lease agreement
- The manufacturer’s warranty
- Repair orders
- Service records
- Correspondence (texts, email, letters, etc.) with the dealership or manufacturer
You should also consult a California Lemon Law attorney from The Barry Law Firm who can:
- Determine your eligibility for relief under California’s Lemon Law
- File and aggressively pursue a formal Lemon Law complaint and lawsuit on your behalf, if necessary
- Serve as your advocate and legal counsel in any settlement discussions
Let an Experienced Lawyer Guide You Through This Process
California’s Lemon Law protects consumers who have purchased or leased motor vehicles that turn out to be defective. Pursuing a successful claim requires working within timelines set by law, which makes it essential to enlist the help of a skilled Lemon Law attorney. If you don’t act before the California Lemon Law time limit, you could lose your right to hold the manufacturer accountable for your faulty vehicle.
Since 2010, The Barry Law Firm has dedicated its legal practice solely to California Lemon Law claims. We can help you seek losses you have suffered because of a defective vehicle. And we can manage your case from start to finish at no cost to you because California law requires vehicle manufacturers to pay consumers’ legal fees after a successful claim. In fact, you’ll never get a bill from us, no matter the outcome. Call The Barry Law Firm in Los Angeles, CA, or reach out online now for a FAST & FREE case evaluation.