Understanding Lemon Law Application Periods: How Long Do They Last?

Lemon laws are state and federal laws that protect consumers who have purchased defective vehicles, also known as lemons. These laws require manufacturers to repair, replace, or refund defective vehicles. While the specifics of lemon laws vary by state, there are some general guidelines that are consistent across most states. For example, in most states, a vehicle must have a defect that significantly impairs its use, value, or safety to qualify as a lemon. Additionally, consumers typically have a set time frame, such as 24 months or 24,000 miles, to bring their vehicle in for repairs under the lemon law. It's important to note that each state has its own statute of limitations for filing a lemon law claim, so consumers should seek legal assistance as soon as possible.

Lemon law rights period

The Lemon Law Rights Period varies from state to state. In Georgia, the Lemon Law Rights Period is the period ending two years from the date the vehicle was originally delivered or after the first 24,000 miles of operation, whichever occurs first.

In Texas, consumers must file a state lemon law complaint no later than 42 months from the date the warranty became active. However, if the consumer drives the vehicle 20,000 miles in the first year after the vehicle's delivery, they must file the complaint before the car travels another 4,000 miles, even if this occurs before the expiration of the 42 months.

Lemon laws in most states qualify vehicles as lemons if any number of repair attempts keep the vehicle out of service for a total of 30 days, but these 30 days must take place within a set time period, often the first 12, 18, or 24 months after the original purchase date.

In California, a vehicle is presumed to be a lemon if any of the following occur within the first 18 months or 18,000 miles of purchasing or leasing your vehicle: four or more repair attempts for the same issue; two or more repair attempts to fix an issue that can cause injury or death; or your vehicle is out of service for more than 30 days for any repairs.

The Magnuson-Moss Warranty Act, which applies in all states, allows you to file a claim for up to four years after your warranty was breached. For vehicles, this generally means you have four years to file a claim after the first failed repair attempt.

Statute of limitations

Lemon laws are state and federal laws that provide new car buyers with legal recourse against the manufacturers of defective cars, also known as "lemons". Lemon laws vary from state to state, and there is also a federal lemon law known as the Magnuson-Moss Warranty Act, which provides a more extensive time frame for reporting defects. This federal law covers any warranty claims, and consumers have up to four years after the warranty is breached or four years after the first failed repair attempt to file a claim.

Each state has its own statute of limitations for filing a lemon law claim, and it is important to act promptly as there are specific deadlines that must be met. For example, in Texas, consumers must file a state lemon law complaint no later than 42 months from the date the warranty became active. In Georgia, consumers have 24 months or 24,000 miles, whichever comes first, to bring their vehicle in for repairs under the Lemon Law, and they have an additional 12 months after this period to file for arbitration.

It is important to note that even if a consumer misses the deadlines for the state lemon law, they may still be able to file a claim under the Magnuson-Moss Warranty Act, as this federal law covers any warranty claims and applies to both new and used car purchases.

Repair attempts

The number of repair attempts a manufacturer gets to fix a defect depends on the type of problem and the state in which the vehicle was purchased.

In Georgia, for most problems, the manufacturer is given three attempts to repair the defect. When the defect qualifies as a "serious safety defect", the manufacturer is given one attempt to repair the problem. A serious safety defect is defined as one that is life-threatening or likely to result in bodily injury if not corrected. The burden of proof is on the consumer to prove the dangerous nature of the defect.

In California, a vehicle is presumed to be a lemon if the problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first), the consumer notified the manufacturer about the problem, and the consumer took the vehicle in for repair by the manufacturer or its agents four or more times for the same problem, or two or more times for the same problem if the problem is big enough to cause death or serious injury.

A vehicle is deemed to have met the repair attempts requirement in Georgia when it has been out of service by reason of repair for at least a total of 30 days. This can be cumulative across several visits.

In California, a vehicle is presumed to be a lemon if it has been out of service for repair for more than 30 days (the days do not need to be consecutive).

It is important to note that the Lemon Law covers new vehicles and, in some cases, leased vehicles, but does not typically cover used vehicles unless they are still under the original manufacturer's warranty.

Arbitration

Lemon laws are state and federal laws that protect consumers who have purchased defective products, usually vehicles. In the state of Georgia, consumers have 24 months or 24,000 miles, whichever comes first, to bring their vehicle in for repairs under the Lemon Law. Additionally, consumers have up to one year after the Lemon Law rights period to file for arbitration.

There is no cost to the consumer to file for arbitration, and it is not a requirement to be represented by an attorney. However, it is important to note that manufacturer-sponsored arbitrators may not always be neutral parties, and their decision can be used against the consumer in court.

The arbitration process typically involves the following steps:

• The consumer files for arbitration, providing relevant documentation and evidence.
• An arbitration hearing is scheduled, and both parties have the option to present their case in person, via telephone, or in writing.
• The arbitrator reviews the evidence and may request additional information from both sides.
• The arbitrator makes a decision, which is typically binding on the manufacturer if the consumer accepts it.
• If the consumer is not satisfied with the arbitrator's decision, they may have the option to appeal or take the case to court.

It is important to note that each state's lemon laws and arbitration processes may vary, and consumers should refer to their specific state's guidelines for more information.

Compensation

Lemon laws vary by state and generally cover new motor vehicles, such as cars, trucks, and motorcycles, when those vehicles have a substantial defect that can't be fixed after a reasonable number of repair attempts. In some states, only financed vehicles are covered; in others, leased vehicles are also subject to lemon laws.

If you have a lemon car, there are typically three methods of compensation provided by state lemon laws, and federal compensation laws may offer additional protections. Here are some common ways to get compensated for a lemon car:

Get Your Vehicle Repurchased

You may be entitled to a complete repurchase of the defective vehicle. This includes taxes, tags, finance charges, your down payment, and trade-in value, minus a mileage offset. You will receive a check, and you don't have to pay taxes on it.

Swap Your Lemon Car for a New Vehicle

You can do what is known as an MSRP-to-MSRP swap. This is essentially a trade without depreciation. For example, if you paid $19,000 for your original vehicle, you might get a $25,000 credit for a new car. However, in some states, a mileage offset will apply.

Get Cash to Offset the Problem

You can receive monetary compensation to offset the diminished value of your vehicle. In this case, you get to keep your vehicle, and it won't be branded as a lemon. The warranty remains in effect, and you don't have to pay taxes on the compensation. When you sell the car, you don't have to disclose the funds received. The amount of cash compensation depends on the nature of the problem and how much it affects the car, but it's common to receive thousands of dollars.

Get Your Legal Bills Paid

If you have to sue over a lemon car, you may be entitled to more than just the replacement cost or repair funds. You might also be able to recoup your legal costs. Many state lemon laws and federal warranty laws have "fee-shifting provisions," which means that if you prevail in court, the auto manufacturer must pay your attorney fees on top of any other compensation.

Additional Compensation Considerations

It's important to note that the compensation process for a lemon law claim can be complex and time-consuming. Consulting with a qualified lemon law attorney can help maximize the compensation you receive. They can guide you through the specific laws in your state and negotiate with car dealerships and manufacturers. Additionally, lemon laws typically have time limits, and you may need to take action within a certain period to be eligible for compensation.

Frequently asked questions