To understand how long it may take for a Lemon law case, it’s important to be familiarized with the Lemon law first. This law protects consumers from purchasing faulty and defective new and used vehicles based on the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act nationwide. Moreover, a Lemon law process can take a few months if you negotiate with the manufacturer or the dealership. Still, in some cases, it can take up to a year or even more, depending on the complexity of your case.
On average, after you or a Lemon law attorney present the claim for the lemon car, obtaining your settlement can take six months to one year. However, that is not the only process you must go through because your journey begins when you purchase the car and notice its issues.
At Easy Lemon, we understand that the lemon law process takes time, but we want to help you obtain a favorable outcome in your case by reviewing and creating a solid base. If you are dealing with a defective car and want to pursue monetary compensation because your car is a lemon, we offer different services that can help you seek justice. We offer a free case review to support you during the difficult situation of having a defective vehicle.
This blog will cover everything related to the Lemon law process and the estimated times you should expect when presenting a Lemon law claim. Moreover, we will cover the timeline for each step you will go through, including court hearing times and much more.
How Lemon Law Process Works
Lemon law is one of the most severe laws regarding customer protection. However, not every defective car is a lemon. Your car will qualify if it is used, new, or leased and is under a warranty or an extender warranty from the manufacturer or the dealership. For new vehicles, Lemon Law covers new cars for 18 months or 18,000 miles, whatever happens first. Moreover, to qualify, your car must have at least two unsuccessful repair attempts for the same issue or 30 continuous days of trying to repair an issue in a verified workshop. For used cars, you must have an extended warranty provided by the dealership or directed by the manufacturer.
Although Lemon law is used to protect customers and for legal proceedings, it’s not the same law in every state, and even the federal Lemon law may not align completely with others. Lemon law applies to new and used cars that are still under warranty, but other states will be required to use the federal Lemon law to be able to proceed with used cars.
Another difference is about coverage, where some states only allow 12 months and others 24 months, creating a gap for the warranty. Manufacturers and dealerships are also an important part of the process since they require validation of the warranty. They are part of the legal Lemon law process because you will need to communicate with them to explain the issues and safety concerns of your lemon car.
How Long Does a Lemon Law Case Take For Each Phase?
Depending on the phase of your process, you will see variations in time. Of course, this timeline is just an estimated representation of what you can expect during your Lemon law claim process. However, it’s not written in stone, and some steps can take less time than expected, depending on the situation. Here’s what you can expect until you obtain your Lemon law settlement.
Identifying the Issue (Weeks to Months)
Before you consider legal proceedings related to a lemon car, you will need to identify if your recently purchased car has an issue. Some issues may be minor, but others can represent a safety concern due to malfunctioning components. The issue in your car may be mechanical, electric, electronic, or in the car body. Despite attempts to repair it, the issue may be an ongoing problem for Lemon law.
During this phase, we recommend that you document all repair attempts with the date. If you want to demonstrate a certain sound or malfunction of your defective car, you can take photos or record a video. Moreover, you will need to keep records of any interaction with the repair shop, receipts, and service reports about your car’s problem.
This phase can take time because your vehicle won’t show any issues during the first week of usage, but in the following months, you may start to see progressive deterioration. In other cases, the issues will be there from the beginning, which represents less time to move to the next phase. On average, considering the time you will spend to confirm your car is a lemon, you may spend several weeks to months to have all the information you need to complete this phase.
Filing a Lemon Law Claim (1–2 Weeks)
In this phase, you must file a Lemon law claim, which you will send to communicate directly with the manufacturer. This phase involves submitting formal paperwork directly to the dealership or the manufacturer, but the process is slightly different when you decide to file a claim. In most cases, you can do this process without help; however, meditating and avoiding mistakes in the documentation can cost you your case. We recommend you contact legal representation that will assist you in presenting the necessary documentation to obtain a fair resolution.
When you notify, the issues you have that are still under the manufacturer’s warranty will be the starting point to defend your consumer rights. In general, you must send a claim letter directly to the manufacturer in a timely manner, with your vehicle details, your repair history, evidence of the issue, the deadline, and everything related to the problem you’ve been through. Some states, like Florida, have a specific form you must fill out to present a Lemon law claim; however, in other states, like New Jersey, you can use a simple letter with all the information about your car’s issues.
Manufacturer Response (30–60 Days)
After you present your claim and the manufacturer receives it, they have time to respond to it. The manufacturer’s response should take 30 to 60 business days. It’s important to note that in this response, they may include an offer that can include repairing, refunding, or replacing your vehicle. There are cases where the manufacturer will deny your claim or request more time to investigate the issue of your faulty car.
Some manufacturers will try to negotiate an alternative option to avoid offering you a solution, or you won’t have a respond in the timeframe established. In these cases, you can follow up and stay proactive to obtain a clear offer to solve your problem. If you don’t receive a response after 60 days, which allows you to continue the process to the next step, you can take two different paths: arbitration or legal actions. This may apply to situations where the manufacturer or dealership refuses your formal claim.
Arbitration (30–90 Days, if applicable)
Before you continue with the legal process, you can use arbitration to resolve your claim quicker, but may not be available in every state. Some of the states that count with an arbitration process are New York and Washington. In general, arbitration is a process that requires a neutral third party that will make the final decision on your case. It’s a way to avoid going through the legal process in some states, but it’s not an obligatory step in most.
The arbitration process will take between 30 to 90 days, depending on the complexity of your Lemon law case. If you decide to initiate an arbitration process, first, both parties involved should select an arbitrator from mutual agreement. The arbitrator will set the schedule and conduct the hearing; in this hearing, both parties will present their case and provide evidence, and, you can even involve witnesses if it’s necessary. After you present your case, you will have to wait for the final verdict from the arbitrator.
Filing a Lawsuit (3–12 Months, if necessary)
The next phase in this process is filing a lawsuit. If the arbitration process doesn’t resolve the case or if it’s a requirement in your state, you can file a lawsuit against the manufacturer or dealership. This is not a common scenario you want to reach since this may be your last resource due to the lengthiness of the process. Lawsuits usually involve discovery, motions, and settlement negotiations before your case reaches a trial. In this phase, you and the manufacturer can resolve the issue, and you can obtain the final Lemon law settlement.
It’s essential you note this phase will require an experienced attorney because you need someone with the knowledge to create the lawsuit documentation. This will include attorney fees, representing an emotional strain for the time the case will take to resolve, and the constant documentation.
On average, you can expect to spend about 3 to 12 months in this process, but it can be delayed due to the complexity of the case, court schedules, or if you want to pursue a settlement before reaching the court. Whatever the case, at Easy Lemon, we are ready to help you face all legal procedures and assist you in your legal journey. Contact us now for a free case review to tell us your story.
Settlement or Court Decision (Varies, typically 6–24 Months in court cases)
The final phase in the Lemon law legal process will take the most time to resolve. Although this is an option to obtain justice, most Lemon law cases obtain their settlement before reaching the court for negotiation or mediation. Still, to reach a middle ground, it may take months. If you go to trial, you need a Lemon law attorney to defend your case. Depending on the complexity and the schedules, the time to resolve your case can extend to 24 months.
Although you will obtain the maximum compensation possible if you win the trial, we still recommend obtaining a settlement through negotiation to speed up the process. Most manufacturers prefer to avoid lengthy trials, which will save you time and help you continue with your daily routine. In this phase, resolution times vary significantly, so it’s crucial to consider whether this factor of your case requires a court decision.
What Can Affect the Length of a Lemon Law Process?
The timeline for a Lemon law case can be complex and unique. Despite the usual range to obtain a resolution, your case may have some reasons that directly or indirectly affect the timeline. Depending on your state law, defect severity, and manufacturer responses, you will be able to move forward or get stuck in the process. Here are some general reasons why the length of your case will be affected:
State-Specific Laws and Procedures:
Your state regulation will have a direct impact on how long a Lemon law case takes. If your state includes an arbitration process, you will probably obtain a resolution faster, but if you must go to litigation and court, your estimated times to obtain a settlement increase drastically. Lemon Law allows you to go through an arbitration process, reducing your timeline.
Severity of Vehicle Defects:
Lemon law case complexity starts with a defect on a new, leased, or used vehicle; based on the severity of the defect, the impact on your case may be relevant. Minor issues such as loose door handles or a sunroof that sticks can be easy to handle. However, major defects such as inoperative airbags or faulty brakes can add complexity and more time to your case.
Manufacturer Response Time:
The willingness of the manufacturer or dealership to settle will make your case easier or harder to resolve. A responsive and attentive manufacturer will opt for a quick solution, but if you don’t receive a reply or simply the manufacturer refuses to settle, it will cause delays.
Documentation and Evidence Preparedness:
The evidence is key to solving and obtaining a settlement for a lemon law case. Building a solid base with relevant evidence, such as repair records, receipts, and correspondence, will speed up the process.
Method of Resolution:
The method of resolution both parties agreed to will directly affect the length of the process. If you decide to go through arbitration, you won’t have to wait several months to obtain a settlement, but if your case reaches the court, the minimum time you will have to wait for a resolution is six months, and that can extend up to 24.
When Does a Lemon Law Case Get Resolved Quickly?
To reach a quick settlement for your lemon law case are different instances to obtain a resolution faster. Some of these are:
- Simple Cases: you present the case, the issue is clear, and the manufacturer acknowledges it quickly.
- Strong Documentation: Well-organized documents such as repair records, invoices, and concise communication will speed up the process.
- Manufacturer Cooperation: Some manufacturers are better at handling than others; settling quickly will avoid legal costs.
- Non-complex Vehicles: If your case involves common issues or newer vehicles, they tend to resolve faster.
- Contact a Lemon Law Attorney: An expert can help you obtain a quicker resolution by speeding up the process of presenting a claim or a lawsuit.
- Alternative Dispute Resolution (ADR): Avoid filing a lawsuit through other methods, such as negotiation with the manufacturer or the arbitration process, which will result in quicker resolutions.
When Can a Lemon Law Case Take Longer?
Each case is unique; however, depending on the evidence and complexity of the case, you may expect some delays that include situations such as:
- Disputes over whether the vehicle qualifies as a lemon.
- Delays in evidence collection.
- Manufacturer’s refusal to cooperate or replay.
- How court cases extend the timeline.
- Not contracting a Lemon law attorney.
- Court schedule.
How to Speed Up a Lemon Law Claim Process
Although the timeline for a Lemon law case varies significantly, there are ways to speed up the process and obtain the compensation you deserve. Of course, you can start by following these steps. First, you must keep a thorough record and document everything: maintain the date of the reports, repair invoices, incidental expenses, photos, videos, and relevant documents that may work as evidence.
Contacting a Lemon law attorney will help you understand specific legal procedures and avoid common mistakes when filing your claim or lawsuit. An attorney will also assist you in reducing the time spent creating and writing the claim. Moreover, a lawyer can also represent you if your case escalates to the court.
Another option to speed up your Lemon law claim process is responding to manufacturer and legal requests in a timely manner; the quicker you reply, the quicker you will obtain your settlement. Finally, if you want to avoid a lengthy process, choose arbitration over other resolution methods, like litigation unless you cannot use arbitration to obtain a settlement.
What Happens After a Lemon Law Case Is Won?
Lemon law cases will require dedication and a solid base of evidence to obtain a successful claim. However, these cases may be simple when the issue of the lemon car is minor and the manufacturer cooperates. If not, you may face several challenges to finding justice.
Although you may face a hard time in your Lemon law case, after winning, your settlement may include a buyback process, where the manufacturer is obligated to repurchase the defective vehicle; this includes taxes and other related fees.
Another type of compensation you may receive is a full refund, a vehicle replacement for an equal or upgraded version, and extras such as punitive charges. If the manufacturer appeals your claim, you can always obtain compensation. With a solid case, an experienced Lemon law attorney, and enough, you don’t need to worry.
Ready to Take the Next Step With Experienced Lemon Law Attorneys?
Lemon Law cases require you to invest time and effort to prove you experienced issues with your recently purchased car that is still under the manufacturer’s warranty. The timeline for these cases may seem long, but there are some options to reduce the waiting time for your settlement.
If you are facing any issues related to lemon law, it’s crucial that you take action and start gathering the evidence you need to proceed. At Easy Lemon, we will be pleased to assist you in your legal journey. Contact us for a free consultation today, and let us help you obtain the compensation you are entitled to.
