Have you ever purchased a new car that seemed to break down as soon as you drove it off the dealer's lot? Did you need to bring the car back to the dealer to get it repaired over and over again? Your car is considered a "lemon." However, don't despair. There are lemon laws that may provide you a remedy.
What's a Lemon Law?
A car is considered a "lemon" if it doesn't meet certain quality standards. Federal and state laws, or lemon laws, were passed to protect consumers who have purchased these low quality vehicles. States vary as to exactly when an automobile is considered a "lemon." It's usually based on the number of times an automobile needs repaired within a certain period or the number of days it needs to be in the repair shop.
Lemon laws have been passed in every state. The federal lemon law is called the Magnuson-Moss Warranty Act. Many state lemon laws provide better consumer protection than the federal law.
Remedies Available under Lemon Laws
Consumers are entitled to remedies if their cars are considered "lemons" under their state laws. Your state law will determine what remedies are available to you. Some examples include:
- Replacement of the defective car with an identical model
- Refund of the purchase price
- Reimbursement for money spent on costs and damages associated with the defective car
Limitations of Lemon Laws
Lemon laws won't provide a remedy for every situation. States set certain criteria to qualify under their laws. The manufacturer or dealer must be given a reasonable chance to fix the vehicle. Most laws require three or four repair attempts before a vehicle is considered a "lemon." Some state laws require the repair attempts to be for the same problem.
Lemon laws don't apply to every single type of vehicle. Many state laws exclude certain vehicles. Some common examples include:
- Motorcycles
- Motor homes
- Vehicles weighing over 10,000 lbs.
- Mopeds
You won't be able to receive a remedy if the vehicle defect was caused by abuse. You also can't use the vehicle in a way that's outside the warranty terms.
Consumers are usually required to give notice to the dealer and manufacturer for any lemon law claim. Some state laws require consumers to go through arbitration to resolve a dispute. You can then go to court if you aren't satisfied with the outcome.
Lemon laws have time limits for when you can file a claim. These time limits are generally a few years. You can't recover under your state lemon law if you file a claim outside its time limit.
Used Vehicles
Many states include used vehicles in their lemon laws. Usually an express warranty from the dealer is required to have lemon law protection for a used car. Newer used cars may also continue to have a manufacturer warranty in place.
Preparation for a Lemon Law Claim
The most important thing to remember is to document all repairs. Track the number of repairs and the amount of time the car has to be in the shop. Make sure to get repair orders from the shop to back up your information.
Follow the notice requirements under your state lemon law. Send the notice in writing and make sure to get confirmation that it's been received. Attempt to get a refund or replacement without having to go to court. You may have to go through arbitration to get a refund or replacement. Make sure to file any lemon law claims within the set time limit.
Questions for Your Attorney
- I lost the warranty information for my car. Who do I contact to find this information?
- My dealer lied to me when I purchased the car. What are my options to get my money back?
- I lost my job and can't afford my car payments. Can I use my state lemon law to get out of paying for the car?