This year, changes will impact California’s Lemon Law, which currently protects Californians who have purchased or leased a vehicle that turned out to be a lemon. These laws protect consumers and allow them to get a refund, replacement, or a settlement for a defective vehicle.
However, under new rules, it might now be more difficult for consumers to file lemon claims. When considering a claim, you might wonder, “How old can a car be for Lemon Law in California?”
A car is considered a “lemon” if it has experienced serious defects or repeated malfunctions that affect its safety, use, or value. When given enough time to repair the vehicle’s issues, a California consumer is usually able to seek a vehicle refund, a vehicle replacement, or financial recovery.
Recently, the number of Lemon Law claims filed under the Song-Beverly Consumer Warranty Act (otherwise known as the California ‘Lemon Law’ Act) increased, which placed an undue strain on the California courts and, unfortunately, delayed the time frame for consumers hoping to get their case resolved.
Assembly Bill 1755 intends to streamline the resolution process for Lemon Law claims. Under AB 1755, a consumer receives Lemon Law protections and is eligible for recovery:
To explain further, if a vehicle purchase was completed on January 10, 2020, with a 5-year limited warranty set to expire on January 10, 2025, the California purchaser must file a claim no later than January 10, 2026 (which is one full year after the expiration date of the warranty.) A defect could be discovered later, but a claim couldn’t proceed if it was filed after January 10, 2026, because the 6-year deadline would apply.
A vehicle can be considered a ‘lemon’ if it’s a car, truck, boat, motor home, motorcycle, electric vehicle (EV), sports utility vehicle (SUV), or trailer. So long as your manufacturer’s warranty hasn’t expired, the Lemon Law typically applies to new and used vehicles that are purchased or leased.
If you have a vehicle you believe could be considered a lemon, it’s important to discover the date of purchase to determine its impact on a potential Lemon Law claim deadline.
AB 1755 attempts to resolve claims for lemon vehicles without moving into formal litigation. It requires a California consumer to provide written notice to the manufacturer about the vehicle’s issues before filing a claim. The consumer has to provide information about their name, the Vehicle Identification Number (“VIN”), detailed information about their vehicle’s repair record and the issues it experienced, and whether the consumer is seeking a buyback of the vehicle or a vehicle replacement.
Thereafter, the manufacturer has thirty days to respond to the request and comply with the remedy requested by the consumer, or they can face substantial civil consequences. If they decide to buy back the vehicle or to replace it, the manufacturer has 60 days to complete these actions. Since each vehicle claim is unique, you can discuss your individual claim with an experienced California Lemon Law attorney for more specific legal advice.
A: To qualify for Lemon Law protections in California, your vehicle must:
If you believe you may have a lemon, consult a Lemon Law attorney to discuss this complex area of law further.
A: In California, the time limit to file a claim for a lemon vehicle is generally 18 months from the original date of vehicle delivery or before the vehicle’s warranty ends, whichever date happens first. You can discuss the Lemon Law deadline requirements further with a reputable attorney familiar with California Lemon Laws, especially if you are concerned about the deadlines applicable to your specific claim or your available legal options.
A: In California, it can be difficult to win a Lemon Law case for an older vehicle. It requires thorough documentation of all attempts to repair the vehicle and details about the defects. Most people should consider retaining a knowledgeable California Lemon Law attorney who has handled many Lemon Law claims in order to help maximize their financial recovery for a Lemon Law claim.
A: Across California, the average settlement amount for a Lemon Law claim is generally lower for an older vehicle than for a new vehicle. The amount you can expect to recover depends on factors like the defect severity, the age of the vehicle, and its value at the time it was purchased. The exact amount varies depending upon the vehicle’s circumstances.
If you reside in California and have leased or purchased a problematic vehicle, we can help you resolve your lemon issues. Our experienced Lemon Law attorneys have handled cases just like yours and won’t charge you any upfront attorney’s fees in order to retain our Lemon Law services.
At Lemon Law Pro, we can help with your unique lemon vehicle claim and help discuss qualification requirements for Lemon Law protections in California. Contact our Lemon Law team today for a free consultation – our attorneys can help with Lemon Law claims throughout the entire state of California.
California Lemon Law Attorney. Our California lemon lawyers specializes in the area of lemon law. Our lemon law firm can help with your lemon car, truck, SUV, RV motor home, trailer, 5th wheel, motorcycle or boat.
Our lemon law attorneys are experienced in fighting the manufacturers such as:
Acura, BMW, Buick, Cadillac, Chevy, Chevrolet, Chrysler, Dodge, Fiat, Ford, GM, GMC, Honda, Infiniti, Jaguar, Jeep, KIA, Land Rover, Lexus, Mazda, Mercedes, Mini, Mitsubishi, Nissan Porsche, RAM, Saab, Subaru, Toyota, Volkswagen, Volvo
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