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Lemon Law

Click above for specific information pertaining to the "Lemon Laws" of that particular state.

Vehicle Lemon Law Information.
 

Do you think that your vehicle is a Lemon?
Your state may agree, but maybe not to your liking. See how your state defines what a Lemon is, and if your automobile and its repair history may qualify to be a lemon.

Nearly all state Lemon Law Statutes are similar to the Federal Magnuson-Moss Warranty Act which makes breach of warranty a violation of federal law. All states have enacted their own warranty acts and many states have enacted specific statutes that pertain to automobile warranties. If your car is not considered a "lemon" in your state, you do have other recourses.

What is considered a Lemon?
A vehicle that continues to have a defect that substantially renders it useless, dropped in value, or safety related. Generally, if the car has been repaired 4 or more times for the same defect within the warranty period and the defect has not been fixed, the car qualifies as a Lemon. All states have a different set of standards, so you should consult your local state for your particular states definition. The warranty period may or may not coincide with the vehicles manufacturer's warranty.

Do you have a Lemon?
If the paint is peeling, or the light switch came out when you pulled on it, the car makes "odd noises" but otherwise drives just okay, or you found ten things you don't like about your new vehicle but none of them prevent you from driving it, then no, you don't have a Lemon.

If the brakes don't work, the car won't go into reverse gear, the vehicle won't start on cold mornings or hot afternoons, the rear door opens all by itself, the driver's seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then yes, you may have a lemon, as long you have given the vehicle manufacturer an opportunity to repair the defect or problem at point.

In most states, 10 different defects during the warranty period does not make the car a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the vehicles manufacturer cannot fix the problem within 1 attempt.

You may have a lemon, but if you do nothing to protect your consumer rights, such as documenting your repairs and allowing the manufacturer a chance to fix the problem(s), you lose all rights under the various state warranty acts.

Do you need a Lawyer?
The answer depends on which state you purchased or registered your vehicle in. In some states and with proper documentation, you simply file a complaint. In other states, you will need to hire an attorney.

Who pays the Lawyers Fees?
Only about half of the states allow you to recover attorney fees. If your attorney sues under the Magnuson-Moss Warranty Act, you will be awarded attorney fees if you win. An attorney's fee is based upon actual time expended rather than being tied to any percentage of the recovery. In some states, you must pay the vehicles manufacturer's attorney fees if you lose.

Is a Used or Leased Vehicle protected?
It depends upon which state the vehicle was purchased or leased in. Some states include used and leased cars in their Lemon Law statutes. Some states have separate laws for used vehicles. Some states provide protection only for new cars. Check with your state for their particular coverage.

Do Lemon Laws cover Motorcycles or Motor Homes?
Most states cover the drive train portion of motor homes. Motorcycles are usually not covered, but a few states do include them in their lemon law statutes.

If you have a defective motorcycle, motor home, used vehicle, leased automobile, or a car used for business purposes and your state Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act, as long as you were given a written warranty. Consult with a lawyer that specializes in this area.

Tips to help protect your investment, your vehicle.
A lot of times, your new car isn't suspected of being a Lemon until it is too late (warranty has ran out, or you are over the mileage limit). If you keep a record of every repair visit, starting with the first one, you will protect your rights under consumer laws.

Lemon Law History
 

In 1982, Connecticut made legislative history by pioneering the country’s first Lemon Law to aid owners of defective new automobiles.

Since that time, the Lemon Law has been fine tuned to provide even greater consumer protection. Our Automotive Dispute Arbitration Program has returned over $30 million in refunds and replacement autos to car owners.
This low-cost, expedient arbitration program has proven to be an excellent alternative to courtroom litigation and has increased consumer confidence by providing a place to obtain satisfaction.

Now more than ever, we need to ensure that our major vehicle investments are protected against the frustrating problems of being stranded with a lemon.
 

Note: Information in this section of FastCoolCars is solely placed and told from resources that I have found doing research on lemon laws. For exact up to date laws pertaining to your issue(s) with your vehicle, check with your local and state law makers. Information contained within is up to date as of 12-10-04.
 

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