A lemon is a vehicle with a serious defect that the dealer cannot fix after a reasonable number of tries. Every state has a lemon law, and a federal warranty law adds more protection. If your car qualifies, the carmaker may have to buy it back or replace it.
This is a general guide, not legal advice. Rules differ by state, so check your state’s law or speak to a consumer attorney.
What usually qualifies
Most state lemon laws cover new vehicles during the first 12 to 24 months or 12,000 to 24,000 miles. A car typically qualifies if, during that period:
- The same serious problem has been repaired three or four times without success, or
- A defect that could cause death or serious injury has been repaired once or twice without success, or
- The car has been out of service for repairs for a total of about 30 days.
The defect must substantially affect the car’s use, value or safety. A squeak or a slow screen usually does not count. A transmission that slips, an engine that stalls or brakes that fail does.
Used cars
Lemon laws mostly cover new cars, but there are exceptions:
- A few states, including New York, New Jersey, Massachusetts and Minnesota, have used car lemon laws for cars bought from dealers.
- A used car still under the original factory warranty is often covered by the new car law in your state.
- The federal Magnuson-Moss Warranty Act covers any car sold with a written warranty, new or used.
Private sales are rarely covered, so inspection before buying matters most there.
What you can get
If your car qualifies, the usual remedies are:
- A buyback: a refund of the price, taxes and fees, minus a deduction for the miles you drove before the problem began.
- A replacement vehicle of similar value.
- A cash settlement to keep the car.
In many states the carmaker must pay your attorney’s fees if you win, so many lemon law attorneys charge nothing upfront.
Records to keep
Your case depends on paperwork. Keep:
- Every repair order, showing the date, mileage, your complaint in your words and what was done. Check that the problem is written down even if the dealer found nothing.
- Letters or emails to the dealer and carmaker.
- Rental receipts and any costs from the car being off the road.
- A log of dates, symptoms and conversations.
Many states require you to notify the carmaker in writing and give it a final chance to fix the car before you file.
Buying a car that was a lemon
Cars bought back under lemon laws are often resold. Many states require a branded title or a disclosure. A vehicle history report usually shows a lemon or buyback brand. These cars can be cheaper, but find out exactly what the defect was and whether it was fixed.
Questions
Does a recall count toward a lemon claim? A recall repair counts as a repair attempt in many states if the defect is serious and persists.
How long do I have to file? Deadlines vary by state, usually a few months after the coverage period ends. Do not wait.