Lemon laws are state consumer protection statutes for vehicles with serious defects that the manufacturer cannot fix after a reasonable number of attempts. They usually cover new cars, and a few states also cover used ones.
What usually qualifies
- A substantial defect that affects the vehicle's use, value or safety.
- The problem occurred within a set period or mileage after purchase, often covered by the warranty.
- The manufacturer had a reasonable chance to repair it, commonly a certain number of attempts for the same problem or a number of days out of service.
What you may get
Remedies commonly include a replacement vehicle or a refund, often less a reasonable allowance for your use. Some states also allow recovery of attorney fees if you win, which makes lawyers more willing to take these cases.
Steps to take
- Keep every repair order, receipt and communication.
- Report problems to the dealer or manufacturer in writing and give them the chance to repair.
- Check your state's lemon law for the deadlines, repair attempt rules and whether the manufacturer has an arbitration program you must use first.
- Send the manufacturer a written notice if your state requires it.
- Consider a lemon law attorney, many of whom work on contingency.
Federal protection
The federal Magnuson-Moss Warranty Act also gives consumers rights over written warranties and can allow attorney fees. It applies in addition to state law.
Frequently asked questions
Does the lemon law cover used cars?
Usually not, but some states have limited protections, and used cars may be covered by an implied warranty or dealer warranty.
What if the warranty has expired?
Time and mileage limits matter. If the defect first appeared during the covered period, you may still have a claim, so act quickly.