You may rue the day you laid eyes on your current ride, but that doesn’t necessarily mean it’s a lemon. The litmus test is a substantial problem that negatively affects the value, safety and/or function of the vehicle. Based on that, a broken cup holder would not qualify; however, paint defects very well could despite the fact the car drives just fine and your life is not in danger. An unresolved paint defect could substantially impact the resale value of your vehicle. The following is a fairly comprehensive list of defects that could qualify if your dealership has not been able to resolve the issue:

• Engine
• Transmission
• Brakes
• Steering
• Suspension
• Water/oil leaks
• Paint defects
• Vibrations, rattles and noises
• Electrical

Remember, you’re not stuck with a lemon. If you suspect your car qualifies as a lemon and you need legal advice, contact us using the form on the right and we’ll help you locate a lemon lawyer.

The majority of lemon disputes are resolved at the state level, either through negotiations or legal action filed in local courts. For that reason, it’s important to understand the parameters in your own state. Variables include what vehicles are covered, how many repair attempts and/or days out of service constitute a lemon and the coverage period. The summary below outlines those variables, state by state.

We can go crazy using terms like “some” or “most” in reference to parts of state lemon laws, but there is no substitute for actually reading your particular state’s legislation. For instance, some lemon laws require informal dispute settlement before a lawsuit can be filed, some outline the method of notifying the manufacturer and some allow for an offset for the use of the vehicle by the owner. In other words, you can’t expect a full refund for a lemon you’ve driven well into the warranty or coverage period. One law provides a formula for determining how much of a reduction in the refund is allows:

miles at time of refund x purchase price divided by 100,000

However, you could effectively argue that the mileage at the time of the first unsuccessful repair attempt should be used rather than mileage at the time of refund.

Approximately half of state lemon laws allow the buyer to recover attorney’s fees. Those states that do not provide for recovery provide other access to representation in warranty disputes.

If you want to see the full text of your state’s lemon law, click on the state name below.

Alabama
Self-propelled vehicles intended for use on public highways, including motorcycles. Excludes motor homes or vehicles with a GVW over 10,000 lbs.
3 repair attempts / 30 calendar days out of service
1 year / 12,000 miles.

Alaska
Four-wheel vehicles used for personal, family or household purposes and requiring registration. Excludes tractors, farm vehicles, motorcycles and off-road vehicles.
3 repair attempts / 30 business days out of service
Express warranty period or 1 year, whichever comes first.

Arizona
Vehicles used to transport persons or property over highways and under 10,000 lbs. GVW. Includes motorcycles, self-propelled vehicles and the chassis of motor homes.
4 repair attempts or 30 calendar days out of service
Express warranty or 2 years or 24,000 miles whichever comes first.

Arkansas
Vehicles purchased or leased to transport persons or property, including motor homes. Excluding living facilities of a mobile home, vehicles over 10,000 lbs., motorcycles and mopeds.
1 repair attempt for a defect that may cause death or serious injury, or 3 repair attempts, 30 calendar days out of service, or 5 repair attempts on separate occasions to repair any non-conformities that together impair the use and value of the vehicle.
2 years or 24,000 miles, whichever comes first.

California
Vehicles used primarily for personal, family or household purposes, including the chassis, chassis cab, dealer-owned vehicle and “demo.” Excludes portions of motor homes used for habitation, motorcycles and off-road vehicles.
2 repair attempts for a defect that may cause death or serious injury or 4 repair attempts or 30 calendar days out of service.
18 months or 18,000 miles, whichever occurs first.

Colorado
Passenger motor vehicles normally used for personal, family or household purposes used to carry not more than 10 people, sold within the state, including pickups and vans. Excluding motor homes and motorcycles.
4 repair attempts / 30 business days out of service
Express warranty or 1 year, whichever comes first.

Connecticut
Passenger and commercial motor vehicles sold or leased within the state, including motorcycles. Excludes agricultural tractors.
4 repair attempts or 30 calendar days out of service. 2 repair attempts if serious safety hazard.
2 years or 18,000 miles, whichever comes first.

Delaware
Passenger motor vehicles bought, leased or registered in the state. Excludes motorcycles and living facilities of motor homes.
4 repair attempts or 30 business days out of service.
Express warranty or 1 year, whichever comes first.

District of Columbia
Vehicles sold or registered in D.C., 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, whichever comes first.

Florida
Vehicles sold, transferred or leased in the state, used primarily for personal, family or household purposes. Excludes off-road vehicles, mopeds, motorcycles, trucks over 10,000 lbs. and the living facilities of recreational vehicles
3 repair attempts / 30 calendar days out of service.
18 months or 24,000 miles, whichever comes first.

Georgia
Any self-propelled vehicles designed for transportation of persons or property over public highways, leased or purchased or registered by the original owner in the state. Excludes portions of motor homes used primarily for a mobile dwelling, office or commercial space, motorcycles or trucks with a GVWR over 10,000 lbs.
1 repair attempt for a serious safety defect in the braking or steering system or 3 repair attempts or 30 calendar days out of service.
1 year or 12,000 miles, whichever comes first.

Hawaii
Self-propelled vehicles designed for transportation of persons or property on public streets and highways and used for personal, family or household purposes. Includes dealer-owned vehicles or demos, motor vehicles sold with a manufacturer’s new warranty, certain vehicles used for business. Excludes vehicles over 10,000 lbs., mopeds, motorcycles, motor scooters, mobile dwelling of motor homes.
1 repair attempt for a defect that may cause death or serious injury or 3 repair attempts / 30 business days out of service.
Express warranty or 2 years or 24,000 miles.

Idaho
New motor vehicles used for personal, family or household purposes, sold or licensed in the state. Excludes motorcycles, farm tractors, house trailers or any motor vehicles with a GVWR over 12,000 lbs.
4 repair attempts / 30 business days out of service.
2 years or 24,000 miles.

Illinois
Passenger vehicles under 8,000 lbs. and recreational vehicles used for personal, household or family purposes. Excludes camping and travel trailers or motorcycles.
4 repair attempts / 30 business days out of service.
1 year or 12,000 miles, whichever comes first.

Indiana
Motor vehicles sold and registered in the state with a GVW less than 10,000 lbs., intended for use on public highways. Excludes conversion vans, motor homes, farm tractors, road building equipment, truck tractors, road tractors, motorcycles, mopeds, snowmobiles or vehicles designed for off-road use.
4 repair attempts / 30 business days out of service.
18 months or 18,000 miles, whichever comes first.

Iowa
Vehicles purchased or leased in the state, designed for transportation of persons or property. Excludes mopeds, motorcycles, motor homes and vehicles over 10,000 lbs. GVW.
1 repair attempt for a defect that may cause death or serious injury or 3 repair attempts plus a final attempt or 30 calendar days out of service.
2 years or 24,000 miles, whichever comes first.

Kansas
Vehicles sold and registered in the state with a gross weight of 12,000 lbs. or less. Includes motorcycles.
4 repair attempts or 10 repair attempts for different defects / 30 calendar days out of service.
Any warranty period or 1 year, whichever occurs first.

Kentucky
Vehicles owned by a resident of the sate and purchased or leased new and required to be registered or licensed in the state. Excludes conversion vans, motor homes, mopeds, motorcycles, farm equipment and vehicles with more than 2 axles.
4 repair attempts / 30 days out of service
1 year or 12,000 miles, whichever comes first.

Louisiana
Vehicles under 10,000 lbs., sold in the state. Excludes motor homes, motorcycles and vehicles used for commercial purposes only.
4 repair attempts / 90 calendar days out of service.
Express warranty or 1 year, whichever comes first.

Maine
Vehicles sold or leased new in the state, including motorcycles. Excludes commercial vehicles over 8,000 lbs. or business or commercial enterprises registering 3 or more motor vehicles.
3 repair attempts / 15 business days out of service.
2 years or 18,000 miles, whichever comes first.

Maryland
Passenger vehicles, trucks with a ton or less rated capacity and multi-purpose vehicles, purchased or leased and registered in the state, including motorcycles. Excludes fleets of 5 or more vehicles, motor homes defined under the Motor Vehicle Administration Regulations.
1 unsuccessful repair of braking or steering system failure, 4 repair attempts or 30 days out of service.
15 months or 15,000 miles, whichever comes first, or 1year/12,000 miles whichever comes first for leased vehicles.

Massachusetts
Vehicles, including motorcycles, except those used for business purposes, off-road vehicles, auto homes and motorized bicycles.
3 repair attempts / 15 business days out of service.
1 year or 15,000 miles, whichever comes first.

Michigan
Four-wheel vehicles used for personal, family or household use, fleets of less than 10, including pick-ups and vans. Excludes buses, trucks and motor homes.
4 repair attempts / 30 business days out of service.
Express warranty or 1 year, whichever comes first.

Minnesota
Passenger autos, pick-ups, vans and recreational equipment and chassis sold or leased in the state and used at least 40% for personal, family or household purposes. Includes motorcycles.
<1 unsuccessful repair of a completely failed braking or steering system likely to cause death or bodily injury. 4 attempts or 30 business days out of service for other defects.
Express warranty or 2 years, whichever comes first.

Mississippi
Vehicles sold in the state and used for personal, family or household purposes. Excludes off-road vehicles, mopeds, motorcycles and parts of motor homes added by the manufacturer of the motor home.
3 repair attempts / 15 working days out of service.
Express warranty or 1 year, whichever comes first.

Missouri
Vehicles used for personal, family or household purposes. Includes only the chassis, engine, powertrain and component parts of RVs. Excludes commercial vehicles, mopeds and motorcycles.
4 repair attempts / 30 business days out of service.
Express warranty or 1 year, whichever comes first.

Montana
Vehicles sold in the state, including the non-residential portion of a motor home. Excludes trucks of 10,000 lbs. GVWR or more and motorcycles.
4 repair attempts / 30 business days out of service.
2 years or 18,000 miles, whichever comes first.

Nebraska
4 repair attempts or 40 days out of service.
Express warranty or 1 year, whichever comes first.

Nevada
Motor vehicles used for personal, family or household purposes, including motorcycles. Excludes motor homes or off-road vehicles.
4 repair attempts or 30 calendar days out of service.
Express warranty or 1 year, whichever occurs first.

New Hampshire
Purchased or leased vehicles with a gross weight under 9,000 lbs., including motorcycles. Excludes tractors, off-highway recreational vehicles and mopeds.
3 repair attempts / 30 business days out of service.
Within 1 year of expiration of express warranty or final repair attempt.

New Jersey
Passenger autos or motorcycles, leased, purchased or registered in the state. Excludes living facilities of motor homes.
3 repair attempts or more than 20 calendar days out of service.
2 years or 18,000 miles, whichever comes first.

New Mexico
Passenger motor vehicles, pick-ups, motorcycles and vans under 10,000 lbs. GVW sold and registered in the state and used for personal, family or household purposes.
4 repair attempts or 30 business days out of service.
Express warranty or 1 year, whichever comes first.

New York
Passenger vehicles purchased, leased, transferred or registered in the state, including off-road vehicles and motorcycles.
4 repair attempts or 30 calendar days out of service or a substantial defect within 20 days of receipt of notice given by the consumer using certified mail.
2 years or 18,000 miles, whichever comes first.

North Carolina
Motor vehicles sold or leased in the state, under 10,000 lbs. GVW, including motorcycles. Excludes house trailers.
4 repair attempts or more than 20 days out of service during any 12 month period.
Express warranty or 2 years or 24,000 miles, whichever occurs first.

North Dakota
Passenger vehicles and trucks, 10,000 lbs. GVW or less, used for personal, family or household purposes and sold in the state. Excludes house cars and motorcycles.
3 repair attempts or 30 business days out of service during 1 year or express warranty term, whichever comes first.
Express warranty or 1 year, whichever comes first.

Ohio
Passenger and non-commercial vehicles, motor homes, manufactured homes, recreational vehicles and motorcycles. Excludes cooking and sleeping facilities of motor homes, vehicles of government entities and business or commercial enterprises registering 3 or more vehicles.
3 repair attempts for same defect, 8 total repair attempts, 1 attempt to repair condition likely to cause death or serious injury or out of service 30 or more calendar days.
1 year or 18,000 miles, whichever comes first.

Oklahoma
Vehicles registered in the state and under 10,000 lbs. GVW. Excludes living facilities of motor homes and motorcycles.
4 repair attempts or 45 days out of service.
Express warranty or 1year, whichever comes first.

Oregon
Passenger vehicles normally used for personal, family or household purposes, sold in the state, including leased vehicles and motorcycles.
4 repair attempts or 30 business days out of service.
1year or 12,000 miles, whichever comes first.

Pennsylvania
Vehicles purchased and registered in the state, used primarily for personal, family or household purposes. Excludes motor homes, motorcycles and off-road vehicles.
3 repair attempts / 30 calendar days out of service.
Duration of the warranty, 1 year or 12,000 miles, whichever comes first.

Rhode Island
Auto, trucks and vans under 10,000 lbs. GVW, sold, leased or replaced by a dealer or manufacturer, including motorcycles. Excludes motorized campers.
4 repair attempts / 30 calendar days out of service.
1 year or 15,000 miles, whichever comes first.

South Carolina
Passenger vehicles, trailers, and semitrailers sold and registered in the state, designed for the transportation of persons but not for compensation, except to schools, religious affiliated programs or other prearranged excursions. Excludes motorcycles, living portions of recreational vehicles, trucks with a GVW over 5,000 lbs. and off-road vehicles.
3 repair attempts / 30 calendar days out of service.
1 year or 12,000 miles, whichever comes first.

South Dakota
New cars, light trucks or motorcycles, excluding vehicles of 10,000 lbs. GVW or more.
4 repair attempts plus a final repair attempt.
1 year or 12,000 miles, whichever comes first.

Tennessee
Class C vehicles sold and required to be registered in the state, used for personal, family or household purposes, including leased vehicles. Excluding motor homes, motor and garden tractors, RVs, off-road vehicles, motorized bicycles, motorcycles and vehicles over 10,000 lbs.
3 repair attempts / 30 calendar days out of service.
Express warranty or 1 year, whichever comes first.

Texas
Motor vehicles, two or more wheeled, used for transporting persons or property and engine transmissions or rear axles used for the same having a GVW of 18,000 lbs. or more whether attached to vehicles’ chassis.4 repair attempts or 30 days out of service. 2 repair attempts for a serious safety hazard.
Express warranty or 1 year, whichever comes first.

Utah
New vehicles sold, purchased, transferred or leased in the state. Excludes motorcycles, truck tractors, farm and road tractors and those portions of a motor home designated primarily as a mobile dwelling, office or for commercial purposes, mobile homes or any motor vehicles with a GVWR over 12,000 lbs.
4 repair attempts or 30 business days or more out of service.
Express warranty or 1 year, whichever comes first.

Vermont
Passenger vehicles purchased or registered in the state. Excludes tractors, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, mopeds, trucks over 10,000 lbs. or the living portion of RVs.
3 repair attempts or 30 calendar days out of service.
Express warranty period.

Virginia
Passenger cars, pick-ups, panel trucks, motorcycles, self-propelled motorized chassis of motor homes, mopeds, demos and lease/purchased vehicles used for personal, family or household purposes.
3 repair attempts or 30 calendar days out of service or 1 attempt for a serious safety detect.
18 months.

Washington
Vehicles, including motorcycles over 750cc, leased or purchased new and registered in the state. Excludes buses, vehicles in fleets of 10 or more, living portions of motor homes or trucks with GVW of 19,000 lbs. or more.
2 attempts for same serious safety defect or 4 attempts for the same defect (at least 1 of which is during the period of the manufacturer’s warranty) or 30 calendar days (at least 15 of which occur during the manufacturer’s warranty).
2 years or 24,000 miles, whichever comes first.

West Virginia
Passenger vehicles, pick-ups, vans, motorcycles and motor vehicle chassis of motor homes purchased in the state and used for personal, family or household purposes.
3 repair attempts or 30 calendar days out of service or 1 unsuccessful repair of condition likely to cause death or serious bodily injury.
Express warranty or 1 year, whichever comes first.

Wisconsin
Vehicles registered or transferred in the state, including demos, non-resident or foreign registered vehicles purchased, leased or transferred in the state, including motorcycles. Excludes mopeds, semi-trailers or trailers designed for use in combination with a truck or truck tractor.
4 repair attempts / 30 days out of service.
Express warranty or 1 year, whichever comes first.

Wyoming
Vehicles under 10,000 lbs. GVW, including motorcycles, sold or registered in the state.
3 repair attempts / 30 business days out of service.
1 year

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

The Magnuson-Moss Warranty Act, passed by Congress in 1975, is often cited as a protection against vehicular lemons. That citation is half correct. The purpose of the Act is to make manufacturer warranties more easily understood and enforceable, giving the Federal Trade Commission (FTC) the means to protect consumers against defective products. The Act does not require every consumer product to carry a warranty, but if a product provides a warranty, it has to comply with the Act. As in most federal legislation, Congress attacks issues with broad strokes and the states fill in the details.

Unfortunately, our system of laws is complex and often requires lawyers to draw accurate conclusions. If you love the complexity of the English language, you’ll love this section. The main reason we’ve included a brief outline of federal laws is to provide a broad understanding of your right to replace or refund your lemon.

We will try to simplify the law. If you think you may have a case under either state or federal lemon laws, consultation with a lawyer or arbitrator well-versed in legalese and loop holes may be the only way to determine if your case is valid.

Some of the definitions and requirements of the Magnuson-Moss Act, pertinent to lemon cars, include:

• Written warranty (or express warranty) is any written promise made by a supplier to a consumer in connection with the sale of a product that relates to the material and/or workmanship of the product and ensures it is defect-free or will meet a certain standard of performance over a specified time.
• Full warranty meets the federal minimum standards:
• Warranty service is provided to anyone owning the product during the warranty period—coverage is not limited to first purchasers.
• Warranty service is free of charge.
• At the consumer’s choice, a replacement or full refund, after a reasonable number of repair attempts, is provided if the product cannot be repaired.
• The consumer cannot be required to perform any duty (unless it can be demonstrated that duty is “reasonable”) as a condition for receiving service. All the consumer should have to do is request service.
• Limited warranties do not meet federal requirements.
• Service contractsdo not guarantee the quality or workmanship of a product. They are not the same as warranties, simply agreements to perform service. If service contracts are sold or regulated as “contracts of insurance” they do not come under the Magnuson-Moss Warranty Act.
• Minimum standards for full warranties are waived if it can be shown that the “defect” or problem was caused by damage while in the possession of the consumer or by unreasonable use including a failure to provide necessary maintenance.

Now, you can see why we made that suggestion to consult a lawyer. Each definition hangs on terms that may, themselves, need defining.

Remedies Under Magnuson-Moss

The intent of the Act is to give consumers access to reasonable remedies for a breach of warranty. These remedies are in the form of informal dispute settlement procedures and action brought by either the government or private parties. Some remedial procedures are found in FTC rules (and you thought this would be simple) and may require mediation or arbitration as the first step in settling disputes. The Act allows consumers to bring lawsuitsfor Magnuson-Moss Act violations in state court if the amount in dispute is between $25 and $50,000. It also allows for class action suits in state court for cases where the number of plaintiffs is less than 100. In cases that exceed either the amount or number of plaintiffs, it can be brought in federal district court. The teeth in the law is the ability of plaintiff to recover court costs and attorney fees.

Informal Dispute Resolution

While the Magnuson-Moss Act makes it easier for individuals to sue for breach of warranty, it encourages manufacturers to establish informal dispute resolution mechanisms to resolve negotiations that have come to a standstill. Dispute resolution can be run by an independent third party, like the Better Business Bureau or company employees whose only job is to administer the dispute system. If a manufacturer requires this step in the process of resolving a dispute, the resolution system has to adhere to the FTC’s rule on Informal Dispute Settlement Procedures.

Uniform Commercial Code

Since products can be manufactured in one state and distributed for sale in another, the Uniform Commercial Code was created to harmonize sales and commercial transactions across the country. That’s about the only simple concept in the code. Elements contained in the Code article “Tender, Acceptance, Rejection and Revocation,” address lemon vehicles but not as specifically as more recent state laws. The problem is not so much the language, but the complexity of automotive systems in the 21^st century. If you buy an electric can opener, take it home and it doesn’t open a can, you can “reasonably” reject it and get your money back or be given a different can opener. If a 2008 automobile is driven off the dealer’s lot with an irreparable defect, it may take a while for that defect to show itself. Despite the general applications of the Code, there are some pertinent areas, all dealing with the contract of sale:

Tender provisions allow the buyer to reject goods that fail to conform to the contract.

Acceptance implies that the buyer accepts the product expecting that the manufacturer will repair any problem under the warranty.

Rejectionallows the buyer to reject the product if he discovers a defect in a reasonable time. The courts have defined “reasonable” but rather narrowly. If you’re relying on the UCC to protect you from a lemon, you’re better off with the Magnuson-Moss Act or state laws.

Revocation is much closer to today’s lemon laws, allowing the car buyer to actually use the vehicle as part of the “inspection” process.

• A number of relatively minor defects whose cumulative total adds up to a substantial impairment. This concept is called the “Shaken Faith” Doctrine, based on a new buyer’s assumption that the car is dependable and safe. If that faith is shaken, the vehicle loses its real value in their eyes “and becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension.” Anyone who’s ever driven a clunker understands shaken faith.
• A substantial nonconformity may include a failure or refusal to repair the vehicle under the warranty.

So there you have it, or not. If you come away with anything from this section, it should be the idea that you are protected at the federal level from products, including the family sedan, that do not work.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.