What is a “Lemon Law”?

Each state has it’s own “Lemon Law.”  In simple terms, a Lemon Law is a law that requires an automobile manufacturer to repurchase or replace a vehicle that has not been properly repaired within “a reasonable number of repair attempts.”  What is “a reasonable number of repair attempts” is typically measured by how many repair attempts there have been for the same problem, or by the total number of days the vehicle has been in the shop and out of the hands of the consumer for any and all problems. The necessary number of repair attempts for the same problem and/or the necessary amount of days in the shop vary from state to state.

Why Lemon Laws were Enacted

Until the passage of Lemon Laws in the United States, it was nearly impossible for a consumer to force an automobile manufacturer to replace a defective or unsafe vehicle.  Auto manufacturers would just have their dealers repair the offending vehicle again and again, or worse yet, just tell the customer “they are all like that” or that the problem “could not be duplicated.” The enactment of Lemon Laws forced the manufacturers to take responsibility for their vehicles that turned out to be “lemons”.

What defines a vehicle as a “Lemon”?

The consumer’s definition of a “lemon” may be a vehicle that just spends too many days in the dealership’s shop, or the same problem happening over and over again, or just a lot of different problems, spoiling the “new car experience.” Under Lemon Laws, vehicles must meet specific criteria, which varies from each state. It’s typically triggered by a specific number of repair attempts, a specific number of days in the shop, a specific safety defect, or other requirements.

Is my vehicle a Lemon?

Finding out if your vehicle is a “lemon” is full of potential traps.  Automobile dealerships and their personnel can’t tell you if your vehicle is a “lemon”, as they are not attorneys and don’t know the law. The auto manufacturer isn’t going to tell you if your vehicle qualifies under your state’s Lemon Law, as the phone representatives within their “customer assistance centers” are not attorneys. To find out if your vehicle qualifies under your state’s Lemon Law, you can call a Lemon Law attorney, who is well versed in your state’s Lemon Law. Most attorneys specializing in the Lemon Law will offer a free consultation and evaluation of your situation, and can advise a course of action to both serve you best and preserve your rights under your state’s Lemon Law.  Click here for a listing of a Lemon Law attorney in your state. 

Your vehicle’s warranty book “instructions” on the Lemon Law

When you purchased or leased your new vehicle, it came with a warranty book or other printed pamphlet on what steps to take in resolving complaints you have with your vehicle. These “steps” are designed to “assist” the customer in resolving their complaints. Consumers should be aware, however, that these “steps” are often what the automobile manufacturer suggests, and not necessarily what your state’s Lemon Law says you must do. Sometimes the “instructions” on “your responsibilities” were printed in these books before potential amendments to your state’s Lemon Law were enacted.  Keep in mind that these warranty books are written by the automobile manufacturer to best serve the manufacturer.  They are not without important content, but a consumer should get a “balanced” view of their individual procedural requirements from a legal standpoint from a Lemon Law attorney. Contacting a qualified Lemon Law attorney in your state can be of great assistance in understanding what your responsibilities are as a consumer, and what your rights are under your state’s Lemon Law. Click here for a listing of lemon law attorneys in your state.

Your New Car Warranty and the Lemon Law

Your new car warranty is a written promise by your vehicle’s manufacturer to repair your vehicle without charge to you if found to be defective in materials or workmanship for the covered components/systems during the designated period. Your new car warranty is not a Lemon Law, but rather a promise to repair any component or system that does not conform to the manufacturer’s New Vehicle Limited Warranty. (Warranty provisions and responsibilities vary from state to state).

Manufacturers’ “Certified” and warranted used vehicles.

In today’s highly competitive automobile retailing business, manufacturers are boosting the desirability of their used vehicles by offering “Certified Used Vehicles.” These are vehicles that come with a written warranty directly from the vehicle’s manufacturer. These vehicles can qualify for Lemon Law protection just like a vehicle that is purchased or leased “new.”  A qualified Lemon Law attorney can assist you in understanding your Lemon Law rights under a manufacturer’s “certified” used vehicle warranty. Click here for a listing of lemon law attorneys in your state.

Complaining to your Dealer – time well spent?

It is very common for a consumer with problem new vehicle to go to their dealer for help, more often than not with the notion “you sold it to me, you fix it” as the basis for the dealer providing a solution to their problem. Consumers will often go to the owner, manager or other “high level” personnel for assistance and answers.  It is important to understand that in the case of Lemon Laws, the auto dealer is typically not responsible to buy your new vehicle back or replace it. The dealer did not build or warrant it, hence it is not responsible to repurchase or replace it.  When it comes to Lemon Laws, the consumer must turn to the vehicle’s manufacturer.

Some dealers will “assist” the customer who wants “out” of their defective vehicle by contacting the manufacturer’s area representative. Often the results of a visit by the factory representative is simply another opportunity for the automobile manufacturer to attempt a repair to the offending vehicle. If the consumer only seeks to get their vehicle repaired correctly and keep it, this can be an effective way to get assistance. If they want to take advantage of a “lemon law” claim, having the defect repaired again can turn out to diminish or remove a consumers basis to enact a claim under their state’s Lemon Law. Consumers should consider contacting a qualified Lemon Law attorney in their state for legal guidance as to what their rights and potential remedies are in their state for Lemon Law protection.  Click here for a listing of lemon law attorneys in your state.

Multiple repairs during warranty, but now vehicle is now out of warranty – Do I have “lemon law” rights?

Many consumers have vehicles that have repeated repairs that take place during the period covered by the manufacturer’s new vehicle limited warranty only to see the same problem re-surface shortly after the warranty has expired.  Many states’ Lemon Laws can offer the consumer protection for vehicles that appear repaired but the same problem(s) comes back again. Contacting a qualified Lemon Law attorney in your state can often yield answers to whether your vehicle may qualify for Lemon Law protection and relief.  Click here for a listing of lemon law attorneys in your state. 

“Warranty Repair History” - What it is, why you need it, and how to get it.

All too often in the excitement of the “new car experience,” consumers do not retain records of their warranty repair visits, only to be frustrated later when their vehicle turns out to potentially be a “lemon”.  Sometimes this is as easy as asking your servicing dealer for copies of your warranty repair invoices – or sometimes not.

Today’s automobile manufacturers and their dealerships are linked together by sophisticated computer systems. The purpose is to keep the dealers and the manufacturers “connected” during the period the vehicle is covered by the manufacturers’ new vehicle limited warranty.

By use of this system, your dealer has the ability to print out a “warranty repair history.” This can be in a simple “summary” format, or a fully detailed “complete” history with the details of complaints, testing and repairs. Either of these formats will cover all warranty repairs done to a vehicle by a franchised new car dealership, and these computers are linked to the manufacturer, who maintains the warranty history database.

You should consider asking your dealership Service Advisor or Service Manager for a printout of your vehicle’s warranty repair history. You may be surprised to find out about warranty repairs that you have long forgotten about, but that may be vital to a Lemon Law claim now, or later on.

The “Trade Assist” and other car dealership practices to “help” customers “get out” of their “lemon” vehicles

Vehicle owners not familiar with the Lemon Law will often seek the help of their selling dealer in resolving their “lemon vehicle” situation, asking the dealer to “take back” their defective purchase. Here the car dealer can take potential advantage of the customer when the customer is most frustrated – and often at their weakest.

The “trade assist” facilitated by the selling dealer is typically nothing more than another vehicle purchase – that is – the consumer is simply trading in their “lemon” vehicle (often losing all earned equity) and is being sold another vehicle! The dealer resells the “lemon” vehicle and ends up selling two cars! The only way the dealer “assisted” the customer was to help him/herself to another sale!

This “assistance” by the dealer often proves financially straining or fatal to the consumer, as the practice of “over allowance” often comes into play. The consumer is “informed” that their vehicle loan is being “paid off” when being traded in, but conveniently the dealer has not mentioned the loss of the down payment, taxes, licensing fees, and monthly payments already made towards the purchase of the car being traded-in in this scenario. This “over allowance” usually shows up in the price of the new vehicle – meaning that the price is inflated, raising the payment on the new car. Remember, the dealer is not the responsible party for your “lemon” vehicle under state Lemon Laws, the automobile’s manufacturer is. There are certain exceptions to the “who is the responsible party,” and a vehicle owner should consult with a qualified Lemon Law attorney to be apprised of his/her potential rights under their state’s Lemon law and other consumer protection laws that may be applicable. Click here for a listing of lemon law attorneys in your state.

Arbitration-- a “must read”

Arbitration, or “third-party dispute resolution,” is a process that allows the manufacturer’s agent and vehicle owner to “state their case” to an “unbiased” 3rd party, called an “arbitrator,” in an attempt to resolve the consumer’s Lemon Law claim for a repurchase or replacement of the “lemon” vehicle.

First, the requirement for arbitration must be established. Each state has its requirement (or lack thereof) of a consumer’s responsibility to pursue non-binding arbitration. Some states do not require arbitration at all, relieving the consumer of this responsibility.

Some states, like California, have “voluntary” arbitration that is offered by the automobile manufacturer and which is binding on the manufacturer, but not on the consumer.  In California, arbitration is optional for the consumer and is not required.  It is only indicated in certain circumstances where the consumer wants to exert the “presumption” rule. Otherwise, the consumer is free to consult and hire a Lemon Law attorney for legal representation, and the attorney fees are paid by the vehicle’s manufacturer in California.  (This will vary by state)

As with the example of California, each state has specific requirements under that state’s statute that the consumer must fulfill and adhere to in seeking restitution under their state’s Lemon Law.

It is important to note that automobile manufacturers may attempt to “settle” a consumer’s “case” before or during the Arbitration process. Manufacturers may offer to “resolve” the consumers request for repurchase or replacement by offering an alternative like a Service Contract, an Extended Warranty, the return of few monthly car payments, or other “resolutions.” These “resolutions” or “settlements” may be far short of what the state’s Lemon Law would require of the manufacturer. Be careful.

A consumer should consider consulting with a qualified Lemon Law attorney in his/her state prior to, or after attending an Arbitration hearing to be assured that they will/are receiving their full entitlement under their state’s Lemon Law, and not something far short of it. Click here for a listing of lemon law attorneys in your state.

Automobile Manufacturer’s “solutions",  “offers” and “releases”

The consumer will often call the manufacturer’s “customer assistance center” or other facility offered by the manufacturer via an “800” number to “assist” in resolving the customer’s request for help, or a repurchase or replacement vehicle under their state’s Lemon Law.

It is vitally important to know that these “assistance centers” are staffed by people who are typically recording your conversation for “quality control purposes.” The recording can potentially be used against the consumer in a later Arbitration or legal action depending upon the content of the recording – that is – if it benefits the manufacturer’s position. You should consider telling the customer assistance center representative that you intend to record the conversation as well, so both parties have a record of what was said.

In dealing with these “customer assistance centers,” the consumer is often given a “case number”. Do not be misled by the word “case” or “case number”. It is not a legal Lemon Law case, as you might think. It is simply a reference number used to retrieve information on your past call(s) into the “customer assistance center” when calling in again.

Often the agent at the customer assistance center will “offer” a “solution” to the consumer’s request for repurchase or replacement of their defective vehicle by offering a Service Contract, Extended Warranty, the return of a few monthly car payments, or other “resolutions” to the consumer’s request for “lemon law” assistance. These “offers” are often accompanied by a “release” form that forever releases the manufacturer from any legal responsibility to you for current or future problems you may encounter with your vehicle. These "offers" and "resolutions" do not comply with state lemon law requirements in any way or fashion. Car owner beware!

Some customer assistance centers will simply “re-direct” the customer back to their selling dealer to get another repair. Others will “inform” the customer that the customer assistance center will “contact” the repairing dealership. This often simply leads to another repair visit, with no satisfaction to the consumer for their defective vehicle. Some consumers have likened this to the “merry-go-round” syndrome. The consumer does not like the “ride” and “wants to get off”.

Contacting an experienced Lemon Law attorney in your state prior to making contact with a “customer assistance center” can often yield valuable information and insight into your potential Lemon Law case, and ensure that you are protected by your Lemon Law rights.  Click here for a listing of lemon law attorneys in your state.

Turning frustration into “time well spent” 

For most Americans, their vehicle is one of their largest monetary investments and reoccurring monthly payments. Protecting equity in that investment is why Lemon Laws were written in the first place.

To turn frustration into “time well spent,” take the frustration and put it to use.  If you think your vehicle is, or may turn out to be a “lemon,” start with the basics: paperwork.  Find and organize all of your original sale/lease documents, licensing/registration documents, monthly payment statement(s), and your repair order documents. Take photocopies of originals and set them all in a chronological order from the day you took delivery of your vehicle until now. You will note that warranty repairs at car dealerships are broken down into two documents per visit. First, the “work order” -- this is the document you sign that has your stated complaint.  Second, the “invoice” -- this is the document you receive when your vehicle repair is completed and the vehicle is returned to you.  The “invoice” has “date in/date out” information as well as “miles in/miles out.” The invoice also notes what the dealer did in an attempt to diagnose and repair your vehicle for each of your complaints.

You may find that you are missing certain invoices, as they may have been lost or the dealer simply didn’t give you one. If this is the case, visit your Service Advisor or Service Manager and request copies. Some dealerships’ computers “purge” repair documents every 30 days. If this is the case, then simply ask your Advisor or Manager to provide you with a “warranty repair history” printout from their dealer-to-manufacturer linked computer. All dealers have this, and the printout will show every warranty claim submitted by any dealer in the United States to the manufacturer of your vehicle. Have your license/registration with you, as they will need verification of ownership before giving out this information.

Visiting the “home” page of this website will give you a listing of the Lemon Law in your state, as well as an experienced Lemon Law attorney serving your state. We suggest you read the Lemon Law statute and call the listed Lemon Law attorney for a consultation. Most cases that meet a basic criteria are given a free case review/evaluation.

Remember, the selling or servicing automobile dealer is not responsible to repurchase or replace your car under your state’s “lemon law,” the manufacturer is.  The automobile manufacturers are very experienced in dealing with Lemon Laws and as you can imagine, are not in the business to buy back or replace vehicles every time a customer says “my vehicle is a lemon.”  Their responsibility under their limited warranty is simply to correct the warranty non-conformity (defect) so that the vehicle conforms to its warranty’s provisions.

Turning frustration into “time well spent” is funneling the frustration into getting yourself organized, researching your rights, and then taking the appropriate action.  It is sometimes a slow process, but be patient, “keep your cool,” and you will have the best chance of coming out a “winner” and getting your vehicle repurchased or replaced. Click here to go to the “home” page of this website for your state’s “lemon law” as well as attorney listings for your state for a consultation.

How your car dealership can contribute to the problem

One of the key documentation elements to a Lemon Law case is the “repair order” and “invoice.”  Most states’ Lemon Laws use the number of times you visited the dealer to get a particular defect corrected in determining whether a vehicle qualifies as a “lemon.”

Dealers can create a problem by what is known as the “open” repair order. An example of this is when a customer has a “repair order” written (and gets a signed copy of it) and the dealer calls and says “we had to order a part, come on by and pick up your car, we are going to hold the repair order ticket open until the part comes in.” This is where you say “no”. If the car is available to drive, but parts are on order, then you need have the dealer close out that repair order and give you an invoice when you pick up the vehicle. You are entitled to a closed repair invoice that accurately reflects what the dealership did to diagnose your written complaint, what parts are on order, the “date in/date out” as well as “miles in/miles out”, giving you a record of that repair visit.

By following the information outlined above, you will avoid having two repair attempts by the dealer turning into one, because they otherwise were going to “hold open” the repair order and only give you one invoice after parts had come in, and repairs were completed.

The “lemon lawsuit” – taking it to Court?

All too many consumers are under the impression that in order to have their vehicle repurchased or replaced under their state’s Lemon Law, they must “go to court.” This is far from the fact. “Going to court” is the “last resort” when all other means of “settling” a case have failed.

Consumers also use the term “court” and “win” in the same sentence. While “winning” at court case is the desired outcome, a consumer rarely sees a courtroom in a Lemon Law case.

What consumers often do not realize is that when you hear the words Lemon Law, it is that the word law follows the word lemon.  What this means is that a consumer must not only be able to understand the law, but also enforce it.  For this reason alone a consumer should consider calling a Lemon Law attorney in their state to find out what their rights are under their state’s Lemon Law. Upon review of the case, if the Lemon Law attorney’s services are required, the consumer knows that they will have a lawyer enforcing the law for them. Click here for a listing of lemon law attorneys in your state.

Lemon Law Attorneys – a valuable resource

Going up against the “automobile giants” can be a daunting task, often met with intimidation and misinformation being dispensed to the consumer.

Lemon Law attorneys serve a valuable function in the Lemon law and should be consulted early on when the consumer suspects that their vehicle is turning out to be a “lemon.”  An experienced Lemon Law attorney can provide valuable information and guidance to the consumer.

If the services of a Lemon Law attorney are indicated, the consumer can “rest easy” knowing that their “lemon law case” is being handled by a professional lawyer experienced in their state’s Lemon Law, and can ensure the consumer no less than their full entitlement under their state’s Lemon Law. Click here for a listing of lemon law attorneys in your state.

You think you have a “lemon” – who do you call first?

Many vehicle problems can be identified and repaired by your franchised dealership right from the start, or by the 2nd visit. Sometimes a visit with the Service Manager at the 2nd visit can result in a potential repeated problem being resolved right away. Other times vehicles have a chronic problem (or problems) that despite repeated visits to the dealership (not to mention countless days in the shop) turn out to be “lemons.” This is why each state has a Lemon Law. It’s when despite your best efforts the vehicle just turns out to be chronically defective, and needs to be repurchased or replaced.

Sometimes the old adage “what you do say can hurt you” can be an accurate statement when it comes to Lemon Law claim.  Consumers are not generally versed in law, civil litigation, speaking with automobile manufacturers or their “customer assistance centers,” or Lemon Laws. The consumer should consider getting professional advice from an experienced Lemon Law attorney that knows and understands the Lemon Law in your state. Click here for a listing of lemon law attorneys in your state.