A Guide to State and Federal Lemon Law

You bought a car, got a great deal, and drove it home. Just halfway down the road it stalled. Send it back to dealer, got it fixed, but it stalled again next morning during rush hour. You wanted your money back but your dealer refused. What are you going to do now? Many consumers will walk away from the problem and try to sell or trade-in the vehicle. You do not want to be victimized and wonder whether there is a law to protect you. Yes, this is such a law, it is lemon law.

What is the Lemon Law?
The Lemon Law is a consumer protection law designed to require manufacturers to replace or repurchase automobiles that prove to have a repeated problems and cannot be repaired after certain attempts or are out of service for repairs for certain days during the coverage period.

Is my vehicle a lemon?
Each state's lemon law might be different. For quick summaries of each states lemon law, click here.

Generally, in order to be qualified as a "lemon" your vehicle must:

Be covered by lemon laws. For detail information click here.
Has a problem that substantially impairs the safety, value or use of an automobile. For detail information click here.
Hasn't been fixed within a certain number of attempts (usually 4 times) for the same repair or is out of service for certain number of days (usually 30 days). For detail information click here.
Be covered by factory warranty. For detail information click here.

What do I do if I have a lemon vehicle?
Get and keep copies of the completed repair order from dealer for each repair attempt. Take written notes of all the conversations you have with your dealership and repair technicians either face to face or by telephone. The note must include date, time and vehicle problem. Keep and organize all the copies of sent or received letters, fax, email, etc. Check on TSB. Talk about TSB to your technician and ask the dealer to make note of your TSB request on the repair order. Organize repair orders of same problem by date, the number of repair attempt, the number of days which the vehicle has been out of service. This will establish that the vehicle has repeated problems and cannot be repaired after certain attempts or are out of service for repairs for certain days.

Do I need a Lawyer?
Depending on state law, to resolve a Lemon Law dispute you may simply file a Complaint or present your case to the Arbitration Board (may not need a lawyer). If you are not satisfied with the result, you need a lawyer to take the manufacturer to a court.

If I win what can I expect to recover?
Depending on state law, the vehicle may be replaced or repurchased. Consumers can get full refunded money with or without "depreciation deduction" or a replacement vehicle of equal value.

Do Lemon Laws cover the vehicle that its warranty has expired?
The Lemon Law may still apply If the vehicle has problems during the warranty period but has never been properly repaired.

Do Lemon Laws cover used or leased vehicles?
It depends upon State Law. In some states Lemon Laws only cover new vehicle. Some states include used vehicles (when covered by an original factory warranty) or leased vehicles in their Lemon Law. Some states have separate laws to provide protection for users of used vehicles. There may be other State Law dealing with vehicles purchased with an extended warranty or sold without proper disclosure of their condition or history

Are there other laws that protect consumers except lemon laws?
Many states have laws covering odometer fraud, dealers, manufacturers misrepresentations, or breech of warranty claims. Federal laws like the Magnusson-Moss Warranty Act and Uniform Commercial Code provide the similar protection for consumers.

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