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Your Ideal Lemon
Okay, I think I have a lemon. Now what?

Understanding What Constitutes a "Lemon"

First off, remember that the definition of a "Lemon" varies from state-to-state according to each state's Lemon Law. For instance motorcycles are expressly covered in some states and expressly excluded in others. This is why if you feel you have a possible lemon law or breach of warranty case, you should immediately contact an attorney who handles this type of case in your state who will do a "free case evaluation" to determine exactly what your rights are under your state's laws. Remember, any delay could harm your case. You can find a listing of preferred attorneys that handle Lemon Law cases at the beginning of each Autopedia® State Lemon Law listing.

Do not consider any firm that wants to charge you for the initial consultation to determine if you have a case. If you do have a legitimate Lemon Law case, you may be entitled to a refund or replacement vehicle that includes your attorney's fees and costs, so any experienced Lemon Law attorney will not charge "up front" fees for taking your case.

General Lemon Law Qualification Requirements

While requirements vary by state, a vehicle generally qualifies as a "lemon" when:

  1. The problems are covered under the manufacturer's warranty
  2. The problem first occurred within a specific timeframe (typically 12-24 months or 18,000-24,000 miles from delivery)
  3. The problem significantly reduces the use, value, or safety of the vehicle
  4. The problems were not caused by abuse
  5. You've made a reasonable number of repair attempts

A "reasonable number of repair attempts" usually means:

Documentation Requirements - Your Most Important Asset

For your case evaluation, you will need the documentation of your vehicle's defect(s) and your efforts to get the defect(s) repaired. A "defect" can be any problem with the engine, transmission, brakes, steering, water/oil leaks, paint defects, bad smells, vibrations, rattles, electrical, or almost any other problem that you've tried to have repaired multiple times (usually (3) or more attempts, although some states have reduced this to (1) repair attempt where the defect poses a serious safety threat) OR where the defect(s) have caused your vehicle to be out of service due to repair, usually for a total of 30 or more days during the first year of ownership. Once again, because the application of these rules vary from state to state, you need to contact an attorney for advice in these matters.

Essential documentation to collect:

  1. Repair Orders/Invoices: Keep ALL repair invoices with accurate dates of when you dropped off and picked up the vehicle. Ensure these documents include your complaints in your own words, not the dealership's interpretation.
  2. Vehicle Purchase Documentation: Have your purchase contract, payment book, and all financing documentation ready.
  3. Communication Records: Save all correspondence with the dealer and manufacturer, including emails, letters, and phone records showing contact attempts.
  4. Warranty Documents: Keep copies of all warranty information provided with your vehicle.
  5. Photos/Videos: Document the defects visually when possible.
  6. Towing/Rental Receipts: Save receipts for any related expenses like towing or rental cars needed due to your vehicle's issues.

So gather up your "repair invoices" and always make sure your repair invoice accurately reflects the date you dropped off the vehicle for repair, the date you picked up the vehicle when the repairs were completed, as well as your complaints in your own words, not the dealership's. A service rep or manager at a dealership may try to write your complaint up as a "new and different problem" rather than a "recurring one" that would be covered by the Lemon Law of your state. Always save your repair invoices.

Also, try to have the paperwork/contract from the your original vehicle purchase transaction including your payment book, if you financed your purchase.

Understanding Federal vs. State Lemon Laws

There are two levels of protection for consumers:

  1. State Lemon Laws: These primarily apply to motor vehicles and typically cover issues within the first 12-24 months or 24,000 miles. Most focus on new vehicles, but some states have enacted protections for used vehicles as well.
  2. Federal Lemon Law (Magnuson-Moss Warranty Act): This federal statute applies to all consumer products with written warranties costing more than $25 - not just vehicles. It often extends protection beyond state laws, sometimes up to four years after the factory warranty has expired.

The Lemon Law Process

The process varies by state, but generally includes:

  1. Notification to Manufacturer: Before filing a claim, you typically must notify the manufacturer in writing about the defect and give them a reasonable opportunity to repair it.
  2. Dispute Resolution/Arbitration: Some states require you to go through an arbitration process before filing a lawsuit. This may be through a state program or a manufacturer-sponsored program like the BBB Auto Line.

If your state requires arbitration, you'll need to complete an application form (typically available through your state's consumer protection division) and submit it within the timeframe specified by your state's law - usually within one year of the expiration of your Lemon Law rights period.

If successful, you may be entitled to:

Additional Resources

Additionally there are consumer advocate groups, departments of your state attorney general's office and "Legal Aid" sources that may be available in your area - check your telephone book.

Other helpful resources include:

Important Time Limitations

Remember that lemon laws have strict time limitations. If repairs cannot be completed within the total number of days described in your state statute, the manufacturer becomes obligated to buy back the defective vehicle. The dealership typically has no obligation to buy back the vehicle because the dealership does not warrant the vehicle - the manufacturer does.

Act quickly, as delays can harm your case and potentially exceed statute of limitations for making a claim.