The Car Lemon and Lemon Law

Lemon Law Information

Lemon Law Guides

State Lemon Law Statutes

Think your Car 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 Car and its Repair History qualify.

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 a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or safety. 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 differ so you should consult the Lemon Law Summary and the State Statutes for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warranty.

Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the car makes "funny noises" but otherwise drives just fine, or you found 10 things you don't like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon.

If the brakes don't work, the car won't go into reverse gear, the darn thing 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. Providing you've given the manufacturer an opportunity to repair the defect.

In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the 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 I need a Lawyer?
The answer depends upon which State you Purchased or Registered your car 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 Lawyer?
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. Note that 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 manufacturer's Attorney Fees if you lose.

Is a Used or Leased Car protected?
It depends upon which State the car 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. In some states, even the Attorney General is unable to tell you if a Leased vehicle is covered due to the way the law is phrased and you will be referred to an Attorney for clarification of the law. See the Lemon Law Summary and the State Statutes for your particular State to determine what is covered.

What about Motor Homes and Motorcycles?
Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes.

If you have a defective Motorcycle, Motor Home, used car, leased car, 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 (providing you were given a written warranty). Consult with an Attorney that specializes in this area

Tips to Protect your Investment

• Often times, your new car isn't suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. Our Repair Log makes it easy to record every Repair Attempt.

• Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.

• Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the "reasonable attempts to repair for the same defect" clause.

• Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period.

• If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court.

Lemon Law Summaries

• Information derived from State and Federal Lemon Laws.
• Generally, Repair Attempts may refer to one or more attempts to fix the same defect or multiple defects within the entire product.
• Warranty Period refers to the Manufacturer's Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.
• Refer to Lemon Law Statutes for detailed information on the State and Federal Lemon Laws.
• In most States, you will need to hire an attorney and take the manufacturer (not the dealer) to Court in order to resolve a Lemon Law dispute. If a State utilizes an Arbitration Board to resolve disputes, you sometimes must first present your case to the Arbitration Board (lawyer not required) and if you are not satisfied with the outcome, you may then sue in a Court of Law. However, some arbitration programs are not administered by the State but instead are private programs; click here to read an important article about these programs before participating.
• Even if you don't think you have a lemon under these statutes, you may be a victim of auto fraud. Click here to learn about your basic consumer fraud rights and for important tips on how to prevent yourself from being victimized

Location	Lemon Law Coverage	Repair Interval and Coverage Period
All States	Consumers everywhere are protected by the Federal Lemon Law which applies to all consumer products, including automoblile, trucks, motorcycles, RVs, boats, and all other ordinary consumer products including computers and household appliances.	3 to 4 repairs for the same problem, or 6 to 8 repairs to the entire product during the warranty period.
		Warranty period + up to 4 additional years.
Alabama	Every vehicle intended primarily for use and operation on the public highways which is self-propelled. Excludes motor homes or any vehicle with a GVW of 10,000 pounds or more.	3 repair attempts or 30 calendar days out of service.
		1 year or 12,000 miles
Alaska	Any land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered. Does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use.	3 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
Arizona	A self-propelled vehicle designated primarily for the transportation of persons or property over the public highways. Only the chassis portion of a motor home is covered.	4 repair attempts or 30 calendar days out of service.
		Warranty period, 2 years or 24,000 miles.
Arkansas	Any self-propelled vehicle licensed, purchased, or leased and primarily designed for the transportation of persons or property over the public streets and highways, but does not include mopeds, motorcycles, the living facilities of a motor home, or vehicles over 10,000 pounds GVW. The 10,000 pound limit does not apply to motor homes.	1 repair attempt for a defect that might cause death or serious injury or 3 repair attempts for the same defect or 5 repair attempts for separate problems, or 30 calendar days out of service.
		2 years or 24,000 miles.
California	A new motor vehicle that is used or bought for use primarily for personal, family, or household purposes. Includes the chassis portion of motor homes.	2 repair attempts for a defect that might cause death or serious injury or 4 repair attempts or 30 calendar days out of service.
		18 months or 18,000 miles.
Colorado	A self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than 10 persons. Excludes motor homes and motorcycles.	4 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
Connecticut	Passenger and commercial motor vehicles.	4 repair attempts or 30 calendar days out of service.
		2 years or 18,000 miles.
Delaware	Passenger motor vehicles. Does not include motor homes (other than the chassis) or motorcycles.	4 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
District of Columbia	Any vehicle sold or registered that is designed for transporting persons. Excludes buses, motorcycles, motor homes and recreational vehicles.	4 repair attempts or 30 days out of service.
		2 years or 18,000 miles.
Florida	A new vehicle that is purchased or leased primarily for personal, family, or household purposes. Does not include vehicles run only on tracks, off-road vehicles, trucks over ten thousand pounds gross weight, the living facilities of recreational vehicles or motorcycles or mopeds.	3 repair attempts or 30 calendar days out of service.
		24 months.
Georgia	Any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased, purchased or registered. Applies only to the chassis portion of motor homes. Does not include motorcycles or trucks with 10,000 pounds or more GVW.	1 repair attempt in the braking or steering system or 3 repair attempts or 30 calendar days out of service for other problems.
		1 year or 12,000 miles.
Hawaii	A self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes. Does not include mopeds, motorcycles, or motor scooters, or vehicles over 10,000 pounds GVW.	1 repair attempt for a defect that might cause death or serious injury or 3 repair attempts or 30 business days out of service.
		Warranty period, 2 years or 24,000 miles.
Idaho	A new motor vehicle used for personal business use or personal, family or household purposes. Does not include a motorcycle, farm tractor, trailer or any motor vehicle with a gross laden weight over 12,000 pounds.	4 repair attempts or 30 business days out of service.
		Warranty period, 2 years or 24,000 miles.
Illinois	New cars. Light trucks and vans under 8,000 pounds. Recreational vehicles excluding trailers. Excludes motorcycles.	4 repair attempts or 30 business days out of service.
		1 year or 12,000 miles.
Indiana	Any self-propelled vehicle that has a declared gross vehicle weight of less than 10,000 pounds and is intended primarily for use and operation on public highways. Does not include conversion vans, motor homes, farm machinery, motorcycles, mopeds, snowmobiles, or vehicles designed primarily for offroad use.	4 repair attempts or 30 business days out of service.
		18 months or 18,000 miles.
Iowa	A self-propelled vehicle purchased or leased and primarily designed for the transportation of persons or property over public streets and highways, but does not include mopeds, motorcycles, motor homes, or vehicles over ten thousand pounds GVW.	1 repair attempt for a defect that might cause death or serious injury or 3 repair attempts or 30 calendar days out of service for other problems.
		2 years or 24,000 miles.
Kansas	A new motor vehicle which is sold or leased, and which is registered for a gross weight of 12,000 pounds or less. Does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters.	4 repair attempts for the same defect, or 10 repair attempts for seperate problems or 30 calendar days out of service.
		Warranty period or 1 year.
Kentucky	All vehicles except conversion vans, motor homes, mopeds, motorcycles, farm machinery and vehicles with more than 2 axles.	4 repair attempts or 30 days out of service.
		1 year or 12,000 miles.
Louisiana	All vehicles under 10,000 pounds except motor homes, motorcycles, and vehicles used for commercial purposes only.	4 repair attempts or 30 calendar days out of service.
		Warranty period or 1 year.
Maine	Any vehicle purchased or leased. Excludes commercial vehicles over 8,000 pounds.	3 repair attempts or 15 business days out of service
		2 years or 18,000 miles.
Maryland	Any passenger car or truck with a rated capacity of 1 ton or less.	1 repair attempt in the braking or steering system or 4 repair attempts or 30 calendar days out of service for other problems.
		15 months or 15,000 miles. 12 months or 12,000 miles for leased vehicles.
Massachusetts	All vehicles, except off-road vehicles, motor homes, motorcycles, and vehicles used for commercial purposes.	3 repair attempts or 15 business days out of service.
		1 year or 15,000 miles.
Michigan	Any new car, van or truck bought by a resident of Michigan for personal or family use.	4 repair attempts or 30 business days out of service
		Warranty period or 1 year.
Minnesota	A new motor vehicle used for personal, family, or household purposes at least 40 percent of the time.	1 repair attempt in the braking or steering system or 4 repair attempts or 30 business days out of service for other problems.
		Warranty period or 2 years.
Mississippi	Vehicles used primarily for personal, family or household purposes. Excludes off-road vehicles, mopeds, motorcycles. Includes motor home chassis.	3 repair attempts or 15 business days out of service.
		Warranty period or 1 year.
Missouri	A new motor vehicle, primarily used for personal, family, or household purposes. Does not include commercial vehicles, off-road vehicles, mopeds, motorcycles or recreational vehicles.	4 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
Montana	Any vehicle, including the nonresidential portion of a motor home, propelled by its own power, designed primarily to transport persons or property upon the public highways. Does not include trucks with 10,000 pounds or more GVW or motorcycles.	4 repair attempts or 30 business days out of service
		2 years or 18,000 miles.
Nebraska	A new motor vehicle normally used for personal, family, household, or business purposes, excluding motor homes.	4 repair attempts or 40 days out of service.
		Warranty period or 1 year.
Nevada	A new motor vehicle normally used for personal, family or household purposes, except a motor home or off-road vehicle.	4 repair attempts or 30 calendar days out of service.
		Warranty period or 1 year.
New Hampshire	Any 4-wheel motor vehicle with a gross weight not exceeding 9,000 pounds. Also includes off highway recreational vehicles, mopeds and motorcycles.	3 repair attempts or 30 business days out of service
		Warranty period *plus* 1 year.
New Jersey	Passenger automobiles and motorcycles. Includes the non-living portions of motor homes.	3 repair attempts or 30 calendar days out of service.
		2 years or 18,000 miles.
New Mexico	A passenger motor vehicle including an automobile, pickup truck, motorcycle or van normally used for personal, family or household purposes with a gross vehicle weight less than 10,000 pounds.	4 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
New York	Any non-commercial motor vehicle purchased or leased, except for motorcycles, certain motor homes, and off-road vehicles.	4 repair attempts or 30 calendar days out of service.
		2 years or 18,000 miles.
North Carolina	Any new motor vehicle other than a house trailer, provided that the vehicle does not have a gross vehicle weight of 10,000 pounds or more. This includes pickup trucks, motorcycles and most vans.	4 repair attempts or more than 20 days out of service during any 12 month period.
		2 years or 24,000 miles.
North Dakota	Passenger motor vehicles and trucks 10,000 pounds GVW or less, normally used for personal, family or household purposes.	3 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
Ohio	Passenger car, light truck (no more than one ton load capacity and not used in business), or motorcycle. Also includes chassis portion of motor homes.	3 repair attempts or 30 calendar days out of service. 8 repair attempts for different problems. 1 attempt to repair condition likely to cause death or serious bodily injury.
		1 year or 18,000 miles.
Oklahoma	Any motor driven vehicle required to be registered, excluding vehicles above 10,000 pounds GVW and the living facilities of motor homes.	4 repair attempts or 45 days out of service.
		Warranty period or 1 year.
Oregon	A new motor vehicle normally used for personal, family or household purposes.	4 repair attempts or 30 business days out of service.
		1 year or 12,000 miles.
Pennsylvania	Vehicles used primarily for personal, family or household purposes except motor homes, motorcycles, and off-road vehicles.	3 repair attempts or 30 calendar days out of service
		Warranty period, 1 year or 12,000 miles.
Rhode Island	An automobile, truck, motorcycle, or van having a gross vehicle weight of less than 10,000 pounds.	4 repair attempts or 30 calendar days out of service
		1 year or 15,000 miles.
South Carolina	Passenger motor vehicles including cars, vans, and small trucks.	3 repair attempts or 30 calendar days out of service
		1 year or 12,000 miles.
South Dakota	All vehicles intended primarily for use and operation on the public highways which is self-propelled. Does not include motor homes or vehicles with a GVW of 10,000 pounds or more.	4 repair attempts plus 1 final attempt.
		1 year or 12,000 miles.
Tennessee	Any motor vehicle not including motorized bicycles, motor homes, recreational vehicles or off-road vehicles and vehicles over 10,000 pounds GVW.	4 repair attempts or 30 calendar days out of service
		Warranty period or 1 year.
Texas	New vehicles, including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes and towable recreational vehicles.	4 repair attempts or 30 days out of service. 2 repair attempts for a serious safety hazard.
		Warranty period or 1 year.
Utah	A car or truck weighing less than 12,000 pounds, or a motor home.	4 repair attempts or 30 business days out of service.
		Warranty period or 1 year.
Vermont	Passenger motor vehicles and trucks under 10,000 pounds GVW. Does not include snowmobiles, motorcycles, mopeds, or the living portion of recreational vehicles.	3 repair attempts or 30 calendar days out of service.
		Warranty period.
Virginia	A motor vehicle used in substantial part for personal, family, or household purposes.	3 repair attempts or 30 calendar days out of service. 1 repair attempt for a serious safety defect.
		18 months.
Washington	Any new self-propelled vehicle, including a new motorcycle, primarily designed for the transportation of persons or property over the public highways. Does not include living portions of motor homes or trucks with 19,000 or more GVW.	4 repair attempts or 30 calendar days out of service. 2 attempts for a serious safety defect.
		2 years or 24,000 miles.
West Virginia	Passenger vehicles, pickup trucks, vans and motor home chassis used primarily for personal, family, or household purposes.	3 repair attempts or 30 calendar days out of service. 1 attempt for a condition likely to cause death or serious bodily injury.
		Warranty period or 1 year.
Wisconsin	All vehicles except mopeds, semi-trailers or trailers designed for use in combination with a truck or truck tractor.	4 repair attempts or 30 days out of service
		Warranty period or 1 year.
Wyoming	All vehicles under 10,000 lbs. GVW.	3 repair attempts or 30 business days out of service
		1 year.

Taken from http://www.carlemon.com/ for educational and public service only.