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Do I Have a Lemon Law Claim if My Vehicle is Out of Warranty?

One of the most common questions buyers ask regarding lemon law is whether or not these laws apply to vehicles that are out of warranty? Well, the short answer is ‘‘it depends’’. 

One thing to keep in mind is that lemon laws vary from state to state. Thus the specifics regarding which types of vehicles are covered and under what circumstances can also vary.

Read on to learn more!

My Warranty Has Expired — Now What?

As you may know, specific criteria must be met before your car qualifies as a lemon under the California Lemon Law.

  • The defect needs to be discovered within the first 18 months or 18,000 miles after the purchase.
  • The vehicle must have a substantial defect that impairs its use, value, or safety (e.g. faulty brakes or steering).
  • The vehicle should continue to have the same defect after a number of repair attempts.

If your car qualifies as a lemon you are entitled to a refund or replacement vehicle.

Simply put, the lemon law applies to faulty vehicles that are still covered under warranty. But what if your newly purchased vehicle is out of warranty? Luckily, in some cases, you may still have a lemon law claim even after your vehicle warranty has expired. 

If the first repair attempt for the defect was made during the warranty period, you may still be entitled to a refund or replacement (if other requirements are met).

However, you may need to provide detailed records of all repair attempts to prove that the attempts were made before the warranty expired. Therefore, you should always keep documentation, receipts, and detailed service records of your vehicle. 

Contact the Margarian Law Firm for a Free Consultation

The single best way to know whether you have a lemon law claim is to speak with a lemon law expert. 

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