How Long Does the CA Lemon Law Process Take?

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Mar 07, 2024, 07:00 ET

The duration of the California lemon law process can vary depending on several factors says Neale & Fhima

INDIANAPOLIS, March 7, 2024 /PRNewswire/ -- Here is a general outline of the lemon law process in California and an estimate of how long each step may take:

Discovery of Defect: The first step is discovering a defect in your new or used vehicle that substantially impairs its use, value, or safety. This could happen shortly after the purchase or within the vehicle's warranty period.

Repair Attempts: Typically, the manufacturer or its authorized dealer must be given a reasonable number of attempts to repair the defect. In California, it is presumed that a reasonable number of repair attempts is four, if the repairs occur within the first 18,000 miles of use or 18 months of ownership, but the law allows variations based on specific circumstances. Most people do not fit within these criteria, but that does not mean in any way that they do not have a claim – indeed most lemon law claimants do not fall within the above criteria.

Filing a Lemon Law Claim: Once you have given the auto manufacturer or its dealership a reasonable number of repair attempts, you can proceed to file a lemon law claim against the manufacturer. This involves filing a claim or lawsuit explaining the defect and requesting a buyback or replacement.

Settlement Negotiation: If the manufacturer agrees to the buyback or replacement, the negotiation of terms may occur. This negotiation process can vary in length, depending on the complexity of the case and the willingness of both parties to reach an agreement. If the manufacturer refuses to, then the claim is litigated to convince the manufacturer otherwise.

Buyback or Replacement: Once an agreement is reached, the manufacturer will buy back the defective vehicle from you (refunding you your downpayment, payments, interest, tax, collateral fees, and more) or replace it with a comparable one. The process of physically completing the buyback or replacement may take several days.

Conclusion: The lemon law process typically concludes with the resolution of the case and the return of the vehicle to the manufacturer. If a settlement cannot be reached, the case may proceed to arbitration or, in some instances, a civil court trial, which can significantly extend the process.

"After weeks of hearing excuses from the dealership repair shop, the last thing you need is a long and tiresome legal proceeding," says attorney Aaron Fhima of Neale and Fhima Law Firm.

About Neale and Fhima Law Firm

Neale & Fhima, a California law firm, is dedicated to tenaciously advocating for clients with lemon law claims. With a collective litigation experience of over 40 years, their attorneys have successfully recovered more than $50 million for clients' losses. They aim not only for a favorable outcome but also for your complete satisfaction with the service you receive throughout the process. When seeking legal representation, trustworthiness is paramount, especially when so much is at stake. If you think you could use legal representation, request a consultation. For more information, call 949-661-1007, or visit the website.

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SOURCE Neale & Fhima