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Lemon Law Frequently Asked Questions

A lemon car is a vehicle with a significant defect that cannot be repaired after a reasonable number of attempts by an authorized dealer. To qualify, the defect must impair the car’s use, safety, or value, and not be resolved within a specific number of repair attempts or time frame, which varies by jurisdiction.

The lemon law covers the following new and used vehicles that come with the manufacturer’s new vehicle warranty:

  • Cars, pickup trucks, vans, and suvs.
  • The chassis, chassis cab, and drivetrain  of a motor home.
  • Dealer-owned vehicles and demonstrators.
  • Many vehicles purchased or leased primarily for business use.
  • Vehicles purchased or leased for personal, family, or household purposes.

If the manufacturer or dealer can’t  repair a serious warranty defect in  your vehicle after a “reasonable” number of attempts, the manufacturer must either:

  • Replace the vehicle.
  • Refund its purchase price (whichever  you prefer).

There is no set number. however, california’s lemon law presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:

  • The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.
  • Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.
  • The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty. This is called the lemon law presumption.

No. In many cases, the manufacturer of your vehicle may offer a state-certified arbitration program that may assist you in resolving your dispute. if so:

  • You must request arbitration in order to claim the benefits of the lemon law presumption. 
  • You may accept or reject the arbitrator’s decision.

No. The lemon law applies only to disputes involving the manufacturer’s new vehicle warranty.

Lemon laws cover defects that significantly affect the use, safety, or value of the vehicle. This includes engine problems, transmission issues, electrical system failures, and anything that jeopardizes the vehicle’s functionality or safety.

The specific number varies by state, but generally, if a car has been in for repairs 3-4 times for the same significant problem or out of service for a cumulative total of 30 days within the warranty period, it may qualify as a lemon.

Some states extend lemon law protection to used cars, but coverage details and eligibility criteria can vary widely. It often depends on the age of the vehicle and the mileage at the time of purchase.

You’ll need all records of repairs and communications with the dealer or manufacturer, including repair orders, receipts, and any written correspondences regarding the vehicle’s issues.

The time frame varies by state but typically ranges from 12 to 24 months after the vehicle’s delivery date. It’s crucial to check your state’s specific statute of limitations.

Yes, in many states, leased vehicles are covered under lemon laws, provided they meet the same criteria as purchased vehicles regarding defects and repair attempts.

Among the lemon law frequently asked questions, inquiries about potential remedies are common. Typically, these remedies include receiving a replacement vehicle of equal value or obtaining a full refund of the purchase price, with a deduction for the consumer’s use of the vehicle being factored into the final amount.

Some states require arbitration as a first step, where an impartial third party reviews the case. However, it’s not mandatory in all states, and you can sometimes proceed directly to filing a claim.

Alongside a refund or replacement, you may be entitled to recover costs such as repair expenses, rental car fees, and towing charges incurred due to the lemon condition.

Filing a lemon law claim should not affect the warranty. However, if the vehicle is replaced or refunded, the original warranty typically does not transfer to the new vehicle.

The process involves filing a claim with the manufacturer or an arbitration board, providing evidence of the defect and repair attempts. The duration can vary from a few months to over a year, depending on the case complexity and arbitration or litigation requirements.

If the manufacturer refuses to comply, a common topic among lemon law frequently asked questions is what steps to take next. In such cases, you can pursue legal action in court. Consulting a lemon law attorney is advisable, as they can guide you through this process and represent your interests, ensuring your query is addressed effectively.

At our Lemon Law firm, addressing lemon law frequently asked questions, we hold a strong belief that seeking justice for a lemon vehicle shouldn’t burden you with a hefty price tag. That’s why we operate on a unique principle – whether you win or lose, you pay absolutely nothing.

Our experienced Lemon Law attorneys are committed to fighting for your rights. We handle all the legal complexities, from paperwork to negotiations, all at no upfront cost to you.

It’s possible, but not advisable, as it could complicate or negate your claim. It’s best to consult with your attorney before making such a decision.

Lemon laws typically only cover defects that occur within the warranty period. However, some states have laws that might offer protection for certain issues discovered after the warranty expires.

When sifting through lemon law frequently asked questions, finding the right legal representation is a common concern. Seek an attorney with specific experience in lemon law cases, positive feedback from past clients, and a proven track record of success. A preliminary consultation can help ascertain if they are well-suited to handle your case effectively.

Lemon laws vary significantly in terms of what vehicles are covered, the definition of a lemon, the number of repair attempts required, and the timeframe for filing a claim. It’s important to research your state’s specific laws.

While you can file a claim yourself, navigating lemon laws can be complex. An experienced attorney can provide valuable guidance and increase your chances of a successful outcome.

Outcomes can include a vehicle replacement, a purchase refund, or financial compensation for the defect’s impact on the vehicle’s value. The outcome is determined based on the severity of the defect, the number of repair attempts, and whether the vehicle’s use, safety, or value is substantially impaired.

 

 

In lemon law cases, the burden of proof typically falls on the consumer. You must provide evidence that the vehicle has a significant defect covered under lemon laws and that you have given the manufacturer a reasonable number of attempts to repair it. This documentation often includes repair bills, correspondence with the manufacturer, and a log of repair attempts.

Lemon laws generally apply to vehicles purchased new or used from a licensed dealership. Vehicles bought through private sales are usually not covered, as lemon law protections often require the vehicle to be under the manufacturer’s warranty.

While lemon law frequently asked questions include whether cash compensation is possible, the answer depends on your state’s laws and the specifics of your case. Some states allow for cash settlements as a remedy, but it’s typically up to the manufacturer’s discretion or the result of negotiations led by your attorney.

If you believe the settlement offer from the manufacturer does not adequately compensate for your lemon vehicle, you are not obligated to accept it. It’s advisable to consult with a lemon law attorney to negotiate a better offer or to advise you on the feasibility of pursuing further legal action.

The definition of reasonable repair attempts can vary by state but generally includes a specific number of attempts to fix the same defect without success, or a vehicle being out of service for a certain number of days. The specifics can often be found within the lemon law frequently asked questions for your particular state.

Yes, some states extend lemon law protections to motorcycles and recreational vehicles (RVs). However, the coverage and criteria for motorcycles and RVs can differ from those for cars and trucks, so it’s important to check the specifics in your state.

If your car, previously repaired for a significant defect under warranty, starts showing the same problem after the warranty expires, you might still have options under your state’s lemon law. Document the issue and consult with a lemon law attorney to discuss your situation and potential next steps.

Yes, there’s a difference. A lemon law claim specifically addresses vehicles with defects that substantially impair their use, value, or safety and are not repaired within a reasonable number of attempts. A breach of warranty claim, however, can be made for any failure to meet the terms of any warranty provided with the vehicle, not just those qualifying it as a “lemon.”

Electric vehicles are also covered under lemon laws, much like traditional gasoline vehicles. The same criteria apply: if your EV has a defect that significantly impairs its use, safety, or value and the issue cannot be fixed after a reasonable number of attempts, it may be considered a lemon.

Modifying your vehicle or adding aftermarket parts can potentially affect your lemon law claim. If the manufacturer or dealer can prove that the modifications directly caused the defect in question, your claim may be denied. It’s important to consult lemon law frequently asked questions in your state or speak with an attorney to understand how modifications can impact your case.

 

 

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Frequently Asked Questions

Under Lemon Law, you could be eligible for significant compensation if your car is constantly in the shop for these issues. You might be entitled to more than just repair services. This could mean a cash settlement, a repurchase of your problematic vehicle, or a replacement with a brand-new car!

Our services are 100% absolutely free of charge. Manufacturers are responsible for covering attorney fees in lemon law cases, and our services do not impact the amount you collect from your settlement. You won’t need to pay anything upfront, and in the event that we do not succeed in your case, you will not be billed for attorney fees.

Yes, we handle leased vehicle cases as well.

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