Although there are slight differences in the Lemon Laws, every state has one. Basically, the vehicle Lemon Law provides vehicle buyers recourse in the event of on-going problems that simply cannot be repaired. If there is a problem that cannot be rectified within a certain amount of time or a certain number of repair attempts, the vehicle is a lemon and the manufacturer is obliged to replace the vehicle or make financial restitution to the buyer.
What is a lemon?
Generally, if a new vehicle has been in the shop three or four times for repair of a “substantial” defect within a specified period of time and the defect cannot be fixed, the vehicle is a lemon. The time period that is established by the law is not necessarily the same time period as the vehicle warranty.
What is a “substantial” defect?
What is considered as a substantial defect is often debatable but generally any problem that has a detrimental impact on the cars safety, use or value, is the criteria used? Brakes that fail and cannot be repaired meets the definition, a loose radio knob or a seat that will not adjust properly does not.
The defect does not always have to be one that meets the safety, use, or value definition; there are times when a defective paint job or an odor that will not go away can be considered to be substantial.
Every state sets the legal criteria of when the defect must occur; it usually is 12 to 24 months and/or 12 to 24 thousand miles. The vehicle Lemon Law does not apply if the defect is cussed by owner abuse.
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If your new vehicle meets the criteria laid down by your state, the manufacturer of the lemon vehicle is obliged to either refund your money or provide you with a replacement that is substantially the same. The process for getting relief differs from state to state but often involves arbitration. Many people that get a lemon rely on the experience of a lawyer to help them through the process.
Every state has a vehicle Lemon Law but there are variations. If you have purchased a new vehicle that you think is a lemon you can research the law in your state by visiting us