When you buy a car, you figure if you have a warranty, you should be okay if something goes wrong. But what happens if it turns out to be a “lemon,” with major defects, and your warranty has already expired? A lemon law lawyer could help you get through this, because there are ways to pursue compensation for out-of-warranty vehicles.
The big question is: after the warranty is up, what are your options?
A lemon law attorney can get to the heart of this with their understanding of everything that impacts these types of cases. The attorney has to determine if your vehicle qualifies as a lemon under your state’s lemon law. Then they have to examine your warranty situation, and a number of other factors, to find the right avenue to pursue your claim (should it be valid).
It might at first seem like you’re out of luck if your warranty has expired. Maybe not. In fact, there are a variety of scenarios that could lead to you being able to pursue compensation. A lemon law attorney can help you explore these options.
First: Does Your Car Qualify as a Lemon?
● Defining a Lemon Vehicle
Lemon laws are state-specific regulations designed to protect consumers from defective vehicles. The exact definition of these vehicles are those that exhibit substantial defects that affect their use, value or safety. They keep breaking down despite multiple repair attempts.
● Specifics of State Law
These laws vary widely, so where you live (or where you bought the car) matters a lot. The laws are different in each state, but follow the same general rules (including timelines for filing claims, and mileage constraints). Working with an experienced lemon law attorney is important because they will know how the laws in your state, and your warranty situation, affect your claim.
For more information on arbitration and other frequently asked lemon law questions, click here.
● Reasonable Repair Attempts
Lemon laws often require a “reasonable number” of repair attempts (usually 3-4) that fail, to classify a car as a lemon. If those attempts happened while the warranty was active and the defect wasn’t fixed, you could argue your case post-warranty.
● Used Cars and Warranties
While most lemon laws cover new cars still under their original manufacturers’ warranties, some states offer used car lemon law coverage. The laws for used car warranties can then differ, and potentially impact your claim. Here are some examples:
States like New York, Massachusetts, and New Jersey have specific lemon laws for used cars. It can be that a used car is sold when still under the original manufacturer’s warranty, or the dealer may sell it with a new warranty, if the original has expired.
Discuss your car’s warranty status with your attorney, which will affect how the lawyer pursues your claim.
- In addition, the Magnuson-Moss Warranty Actis a federal law that regulates warranties on consumer products, including cars. A lemon law attorney may use this federal law to pursue compensation for your out-of-warranty vehicle.
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More About the Magnuson-Moss Warranty Act and Warranties
What if it isn’t possible to file a claim under your state’s lemon laws, or your attorney finds that federal protections are a good adjunct to your state’s lemon laws? The Magnuson-Moss Warranty Act (MMWA) gives you the right to sue if a warranty isn’t honored. Here’s how it might work out, in a post-warranty situation:
- Written Warranties: If your car came with a written warranty from the manufacturer or dealer (for example, a 3-year/36,000-mile warranty), the MMWA lets you pursue a claim for defects that arose during that warranty period, even if it’s expired now. Your repair records, showing the problem started while the warranty was active, will be important to help you prove your claim.
- Implied Warranties: The MMWA also covers implied warranties, like the warranty of merchantability (meaning the car should work as expected). These can sometimes apply even after a written warranty expires.
The MMWA doesn’t focus on if your car is new or used. It applies to any product with a warranty. A lemon law attorney can assess your warranty documents and defect history, and will determine how, or if, federal law can apply to your claim.
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Next: Statutes of Limitations
Statutes of limitations are a critical limit on how long you have to make your lemon law claim. These deadlines vary depending on the avenue used to pursue your claim. So, even if your warranty is expired, you still need to follow the statute of limitations to make a timely claim.
- State Lemon Laws: Each state sets its own time limit for lemon law claims, typically ranging from one to six years. Some tie it to the warranty’s duration (such as four years from purchase), or a mileage threshold, while others count from when you first noticed the defect.
- Magnuson-Moss Warranty Act: The MMWA doesn’t have its own statute of limitations, so courts usually apply the state’s limit for breach of warranty claims; often four years from when the breach occurred (like when the defect wasn’t fixed).
A lemon law attorney will review your deadline based on your state and case details.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Beyond Lemon Laws: Other Options
Not every situation with a malfunctioning vehicle fits under lemon law. Sometimes other avenues may be more relevant depending on your situation, and require different strategies to gain compensation, such as:
- Breach of Contract: If the manufacturer or seller failed to uphold the terms of the warranty, you may file a lawsuit for breach of contract.
- Fraud: If a defect was not disclosed when you bought the car, this could be a point that allows you to claim fraud.
- Consumer Protection Laws: Check your state laws, as they may have specific consumer laws that apply to your situation.
Key takeaways: You aren’t blocked from making a claim if your warranty is expired, but there are conditions and rules to follow to determine if your out-of-warranty car can qualify for lemon law or federal protections, or if you need a consumer lawyer’s help. A skilled lemon law attorney will examine the evidence and push for compensation if your claim is deemed a lemon law case.
Allen Stewart, P.C. Provides Expert Lemon Law Representation
We’ve gone over a variety of ways that a lemon law attorney can help you gain compensation even if your warranty is expired. Each situation is different, and requires a knowledgeable and skilled lemon law lawyer to build a case that protects your rights. Allen Stewart, P.C. provides this experience, built on years of winning cases for our clients.
We’ll start with our free consultation, which will allow you and our attorneys to review your claim. Should it be determined valid, we’ll provide details on how we would represent you against the manufacturer. As leading lemon law attorneys who have won cases across the nation, we provide the expert representation you need for expired warranty cases.
When considering making a lemon law claim, there are consumers who aren’t sure they need an attorney. Be aware that the manufacturer may try to avoid, minimize or dismiss your claim. Our experienced lemon law attorneys are familiar with these tactics and will hold the manufacturer accountable so you receive just compensation.
Some people wonder if they can afford a lawyer. We will represent you and aggressively fight for your rights, and you will not need to pay upfront fees. Thanks to federal law, our clients pay nothing out of pocket, so call us now (866-440-2460) to schedule a free case review, or contact us online.