Lemon laws: what to do if your car is a lemon

A "lemon" is usually a new vehicle with a serious defect that the dealer cannot fix after a reasonable number of tries. Every state has its own lemon law, and if your vehicle qualifies you may be entitled to a replacement or a refund. The rules vary a lot, so always check your own state's law.

What usually makes a vehicle a lemon

State lemon laws are written differently, but most share the same idea. A vehicle is often treated as a lemon when:

• it has a substantial defect, meaning one that seriously affects its use, value or safety
• the defect is covered by the manufacturer's warranty
• it appears within a set period after delivery, often the first 12 to 24 months or 12,000 to 24,000 miles
• the dealer has had a reasonable number of attempts to fix it and failed

What counts as "reasonable" is set by each state. Common tests include:

These are typical patterns, not rules that apply everywhere. Your state may use different numbers, require you to notify the manufacturer in writing, or have deadlines for filing a claim.

What lemon laws usually cover

• New vehicles, bought or sometimes leased, that are still under the manufacturer's warranty.
• Defects, not damage. Problems caused by accidents, abuse, neglect or unauthorized modifications are usually not covered.
• Personal vehicles. Some states limit or exclude business vehicles, motorhomes or motorcycles.

A few states also have used car lemon laws or require dealers to give a short warranty on used cars. See the used car section below.

Start keeping records now

Lemon law claims are won or lost on paperwork. From the first sign of trouble:

• Get a repair order for every visit, even if the dealer says nothing was found. Make sure it describes your complaint in your words.
• Check the dates in and out and the mileage are correct on every repair order.
• Keep a log of each time the problem happens: date, mileage, conditions, warning lights.
• Take photos or video of the problem if you safely can.
• Keep copies of letters and emails with the dealer and manufacturer, and note phone calls with names and dates.
• Keep your purchase or lease contract, warranty booklet and payment records.

Steps most claims follow

1. Give the dealer a fair chance to repair it. Take the vehicle to an authorized dealer for each repair attempt.
2. Check your state's law. Your state attorney general or consumer protection office usually publishes a lemon law guide.
3. Notify the manufacturer in writing, if your state requires it. Many states require written notice and a final repair attempt. Send it in a way you can prove, such as certified mail.
4. Consider arbitration. Many manufacturers run informal dispute programs, and some states run their own. Some states require you to try arbitration before going to court.
5. Consider talking to a consumer attorney. Many lemon law attorneys offer a free first consultation, and many state laws let consumers who win recover attorney fees.

Arbitration

Arbitration is a way to settle a dispute without going to court. You present your case, usually with your records, to a neutral arbitrator or panel. Programs vary:

• Some are run by state agencies, others by organizations the manufacturer pays for.
• In many programs, the decision binds the manufacturer if you accept it, but you can reject it and go to court instead.
• Read the rules before you start, including any deadlines and what evidence you can bring.

The federal Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a federal law about written warranties on consumer products, including vehicles. Among other things, it:

• requires warranty terms to be clear and available to buyers
• gives you a way to take legal action if a warrantor does not honor a written or implied warranty
• allows courts to award attorney fees to consumers who win
• means your warranty generally cannot be voided just because you had routine maintenance done somewhere other than the dealer

Magnuson-Moss can apply in situations where a state lemon law does not, including some used vehicles sold with a written warranty. The Federal Trade Commission publishes consumer guidance on warranties.

Used cars

Most state lemon laws cover only new vehicles. A used vehicle may still be covered if:

• it is still under the original manufacturer's warranty, depending on your state
• your state has a used car lemon law or requires dealers to provide a basic warranty
• the dealer gave you a written warranty, which brings in Magnuson-Moss

Dealers must display a Buyers Guide on used vehicles that says whether the vehicle is sold "as is" or with a warranty. Keep a copy. Our used car safety checklist helps you avoid problems before you buy.

Recalls, complaints and your claim

If your problem is a known issue, that can support your account. Check whether your vehicle has a recall with our VIN check, and look at owner complaints for your model and problem area, such as transmission problems. If the defect is a safety issue, file a complaint with NHTSA. If you are going through a lemon law claim, sharing your experience can help other owners of the same vehicle.

Questions and answers