Deadline to File Lemon Law Claim

Wondering what the time limit is to file a claim under the California lemon law? The answer requires a bit of a detailed explanation. The good news is that the lemon law’s statute of limitations is measured in years, not months or weeks. That being said strategic considerations favor filing a lemon law lawsuit (or a buyback claim with the manufacturer) sooner rather than later.

Delaying Can Damage Your Lemon Law Claim

Before discussing the statute of limitations for California lemon law claims, it is important to understand that consumers should not delay unreasonably in pursuing a lemon law buyback. The reason for this is that under California’s lemon law statute, as summarized on the California lemon law main page, in order to qualify for a buyback a consumer must establish that his or her car, truck, or SUV suffers from a defect that the manufacturer has been unable to repair and which “substantially impairs” it use, value, or safety. Thus, even though the statute of limitations will, in some cases, allow a consumer to wait prior to filing a lemon law claim, doing so may create the impression that the defect is really not that serious.

For this reason, in order to preserve your legal rights and maximize your chances of success, consumers who think they may own a lemon automobile should contact a qualified lemon law lawyer immediately to discuss the viability of their legal claims.

The Lemon Law Has a Four-Year Absolute Deadline for Filing a Claim

Like other California legal claims based on statutes, the statute of limitations for filing a lemon law lawsuit is four years. This is an absolute deadline. If it passes, California law will prohibit you from maintaining a lemon law claim. This is the case regardless of what your reason was for delay and regardless of what you did or didn’t know about the California lemon law’s rules.

That being said, the question of when the four-year time period begins to run has an answer that is less clear-cut. Accordingly to California’s courts, the four-year statute of limitations is calculated as beginning on the date when a consumer ought to have known that his or her automobile qualified as a lemon.

For most consumers, the best way of figuring out when the statute would have started to run, and whether they have a claim at all, is to contact a consumer law attorney who specializes in lemon law cases.

Think Your New or Used Car Might be a Lemon?

If you suspect that your automobile might qualify as a lemon, and you are interested in pursuing a lemon law buyback, call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665). We offer free consultations, will assess how serious your vehicle’s defect is (from a legal standpoint), and go over your repair history. If you have a claim we’ll tell you. If you don’t, we’ll tell you that too, including what you need to do to preserve your rights for a possible lemon law claim in the future.

Call us today to see if you qualify for a lemon law buyback! You can also contact us via email!