Buying a car should be a good experience. You want it to perform well, keep you safe, and last long. What do you do, though, if your car keeps on breaking down after numerous repairs? California has the Lemon Law to assist you in such a case. Of the most important things to know about the law, the statute of limitations—the period within which you must bring your action—is most essential.
Here, we explain the California Lemon Law Statute of Limitations in plain terms. You’ll know what it is, how long, and what to do if you think your car is a lemon. We’ve added in some frequently asked questions and the benefit of getting help from a lemon law lawyer.
What Is the California Lemon Law?
The California Lemon Law is a consumer protection statute. It safeguards individuals who purchase or lease cars that prove to be defective. A “lemon” is a vehicle that has major defects that impact its safety, value, or use—and they do not subside despite repeated attempts to repair it.
If your vehicle is a lemon, the manufacturer has to either:
- Replace your vehicle with a new one, or
- Refund your money.
This statute is for the protection of drivers from getting themselves into a hazard or unreliable car.
What Is “Statute of Limitations”?
Statute of limitations is the period of time allowed by law within which a suit must be filed or a claim. If you do not receive this in the time limit, your case is not going to be heard despite it being good.
This is important for California lemon law cases. You must understand when the clock starts and how long you have.
How Long Is California Lemon Law Statute of Limitations?
The statute of limitations for California lemon law is generally four years.
But when does the clock start? Generally, it starts when you first become aware your vehicle has a defect that cannot be fixed.
For example:
If you buy an automobile in January 2022 but later discover in March 2023 that the engine problem recurs. You could have until March 2027 to complain.
This is why it is important to document your repair record and observe when the problems first arise.
Why Is This Limit So Important?
Statute of limitations is important because if you delay for too long:
- You can forfeit your right to bring a claim.
- The company will hold you liable for slowing down your case.
- You can forfeit your right to exchange or refund.
It is better to move fast to protect your rights. Once you feel your car may be a lemon, start documenting and consider consulting with a lemon law lawyer.
What Vehicles Are Protected?
The California Lemon Law protects more than newly purchased vehicles. It also protects:
- New cars under active warranty
- Used cars, if still under manufacturer’s warranty
- Leased vehicles
- Trucks, vans, and sport utility vehicles
- Some motor homes and some motor bikes
This wide coverage ensures that most California drivers will be in a position to enjoy this law.
What are the Remedies the Law Provides?
If your car is a lemon, you have a choice of the following remedies:
- Refund (Buyback) – The manufacturer reimburses your payments, taxes, and fees, minus a small mileage deduction.
- Replacement – You get a new car of comparable value.
- Cash Settlement – At times, you might get to retain the car but are compensated for the hassle.
All depend on your situation, but all attempt to make it right for you.
Frequently Asked Questions (FAQ)
Q: Does California Lemon Law apply to used cars?
Yes. If your vehicle is still under manufacturer warranty, used vehicles can be covered.
Q: How long do I have to file a lemon law claim?
Normally, you have four years from the date you find your vehicle has a defect.
Q: Do I actually need to locate an attorney in order to file a lemon law claim?
You might attempt to do it yourself, but manufacturers will typically fight claims. A seasoned lemon law attorney guarantees that you do win. The cherry on top? If you win, the manufacturer typically covers your lawyer’s fees.
Q: How many attempts at repairs must I have before my vehicle is a lemon?
If the defect remains after various repair attempts—or your vehicle has been in for more than 30 days—it might qualify.
Q: My car is no longer under warranty. What about me?
If the defect started during the warranty, you might still be covered despite the lapse of the warranty.
Why You Need to Act Quickly
- Procrastinating too long in filing a lemon law claim can be a source of undue stress. If you don’t wait so long:
You have more concrete evidence. - The manufacturer has fewer reasons on which to deny your claim.
- You don’t risk running out of time under the statute of limitations.
Why Hire Us?
You might be wondering: What’s in it for us if you hire our service? Here is why choosing our service will make a big difference:
- Save Time – We handle all of the legal heavy work, paper shuffling, and negotiating with the manufacturer.
- Expertise – Our experience handling lemon law cases places you in your strongest position.
- More Chance to Win – We know how the makers think, and we fight for your rights.
- No Upfront Cost – In many instances, you do not pay us anything out-of-pocket. If we win, attorney fees are covered by the manufacturer.
Be at Ease – You can keep living your life while seeking your claim.
Last Thoughts
California Lemon Law Statute of Limitations is most likely the most important part of the law. You typically have four years from when you originally discover the ongoing defect to file your claim.
If your vehicle still is defective and cannot be fixed by the dealer, do not wait. Document your documents, be aware of your rights, and file your claim in a timely manner.
With our attorneys on your side, you don’t have to face this alone. We’ll guide you through the process step by step, fight to assert your rights, and work to secure a refund, replacement, or settlement you deserve.
If you think your car is a lemon, call now to schedule a no-obligation appointment. Acting now could potentially save time, money, and frustration.
