When problems arise in life, a natural response is to do something to fix them. Another natural response is to put off; to hope everything settles down, and maybe it will all go away. The latter can be tempting when you have a malfunctioning vehicle and its problems have dominated your life. You know you have to do something, and it’s important to act promptly, as there are state laws that dictate timeframes and more criteria that will affect your lemon law claim. Acting as soon as a substantial defect appears to be unfixable will give you more time to sort out your records and time to collect documentation and testimony to help strengthen your case.
Thankfully, lemon law attorneys provide the expertise and experience you need to sort through complex state lemon laws. It is what these lawyers do best. Frustration and worry can turn to decisive action when you have a lemon law attorney representing you to protect your rights.
How do lemon law statutes of limitations work in each state? Are they all the same, or do they differ across the country?
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There is no single federal statute of limitations for lemon law claims in the United States, as lemon laws are governed by state statutes. These laws include varying time limits for filing a claim. Typically, this ranges from 1 to 4 years from the date of purchase, delivery, or discovery of the defect. Some states tie in the statute of limitations to the vehicle’s warranty period or a specific mileage threshold (such as 12,000–24,000 miles).
For example:
New York: Claims must be filed within 4 years of the vehicle’s delivery date.
Florida: Claims must be initiated within 24 months of delivery, though arbitration programs may extend this.
What About Changes to State Lemon Laws?
Lemon laws can change. You will want an attorney to represent you, because they will keep up with these changes for you. This is vital, so you can file your claim on time and accurately.
California is a good example of how this can happen.
California: With the 2025 changes in California’s lemon laws, claims now must be filed one year after the warranty expires, or six years after the purchase date of the vehicle.
So, you’d need to check the statute of limitations in the state where the car was bought or registered because lemon laws vary a lot from state to state. This checking and interpreting of the laws can be confusing. That’s where a lemon law attorney can benefit you.
Determining if Your Vehicle is a Lemon
The first thing your lemon law attorney will do is consult with you during an initial case evaluation. It’s here that you can provide the attorney with documentation that proves your claim. These records can include repair documentation, correspondence between you and the dealer or manufacturer, and your warranty information.
It’s the attorney’s job to review all of these details against your state’s lemon laws. The general factors that the attorney will analyze will be when the defect began, how it persisted, how many repair attempts occurred (and the results of those), plus mileage and timeframe parameters relating to your warranty.
If your vehicle’s problems substantially affect its use, safety or value, it can potentially be classified as a lemon, which will lead your attorney to pursue your claim per your state’s lemon laws.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Pursuing Your Claim Within Specified State Parameters
To further illustrate how state lemon laws differ, and how a lemon law attorney must navigate all the variables to ensure your claim is pursued in a timely and effective manner, we’ll review several states’ laws. Within these examples we’ll show timeframes, mileage criteria, discussions about time out of service, and warranty considerations.
Texas: Per the Texas Department of Motor Vehicles website, these are the Texas lemon law filing deadlines:
A Lemon Law complaint must be filed within six (6) months following the earlier of:
- Express warranty term expiration;
- 24 months after purchase; or
- 24,000 miles following the date of delivery of the vehicle (except TRVs).
The Texas DMV recommends that the claim be filed as soon as the vehicle owner realizes the dealer isn’t able to repair the vehicle.
Illinois: According to the Illinois Attorney General, the Illinois Lemon Law requires that a claim be filed within 12 months or 12,000 miles from the vehicle’s purchase or lease, whichever comes first, for defects that substantially impair the vehicle’s use, value, or safety. The defect must persist after four repair attempts or if the vehicle is out of service for 30 or more business days within this period.
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Michigan: Michigan’s Lemon Law stipulates that a defect must be reported to the manufacturer within 1 year of the vehicle’s delivery date, and the vehicle must be under warranty. The claim process typically requires the defect to persist after a reasonable number of repair attempts (usually four).
These are but a few states’ lemon laws. They differ across the country. The benefit of having a lemon law attorney protect your rights is clear and important to a positive outcome for you.
More Reasons You Need a Lemon Law Attorney
While your lemon law attorney will do everything possible to pursue your valid claim, sometimes circumstances may make it where additional remedies are needed to pursue compensation. The federal Magnuson-Moss Warranty Act provides a broader window for claims across all states. Federal claims under the Magnuson-Moss Warranty Act are allowed up to 4 years from the date of purchase. This timeframe may differ, and your attorney will consult with you regarding your situation.
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State lemon laws vary across the country regarding whether a successful claimant can recover their attorney’s fees from the manufacturer. A key provision of the Magnuson-Moss Warranty Act is that it requires manufacturers to pay successful claimants’ attorneys fees.
Please note: Allen Stewart, P.C. provides extensive experience winning lemon law cases across the country, including employing the federal Magnuson-Moss Warranty Act to win compensation for our clients. Schedule your free case evaluation online or call us now: 866-440-2460.
Trust Allen Stewart, P.C., for Expert Lemon Law Representation
As we have seen, the urgency required to file your lemon law claim cannot be overstated. Your attorney will need adequate time to review and build your case. Your prompt contact with an attorney can help you have the best opportunity to gain compensation.
There is no substitute for an experienced lemon law attorney who has won many cases in Texas, California, New York and across the country. Allen Stewart, P.C. provides this expert level representation to help protect your rights. We will fight aggressively for you for a settlement, via arbitration, or even in court, if necessary, to ensure you receive the compensation due you.
We encourage you to contact us as soon as you discern that your vehicle may not be able to be repaired. If that’s the case, you can have us review the situation and advise on a path forward. This early action can potentially help you stay ahead of your state’s lemon law deadlines, and provide us with time to analyze all the facts, to facilitate pursuit of your claim.
Some people worry that they may not be able to afford a lawyer. As stated above, some states provide for payment of the claimants’ legal fees. Thanks to federal law, our clients pay nothing out of pocket, so contact us now (866-440-2460) for a free consultation.