How Does the Lemon Law Work?
The first step in any Lemon Law case is always noticing a defect and bringing it to the manufacturer or one of its authorized dealers for repair. If the manufacturer fails to repair the defect on that first attempt, the vehicle may already qualify as a lemon. However, in most cases, you’ll need to provide the manufacturer with at least one more repair attempt before pursuing compensation.
Still, it’s in your best interest to contact an attorney as soon as you suspect you may have a lemon. The sooner you act, the greater your chance of success. And with free case reviews, you have nothing to lose by consulting an attorney.
Once you’ve provided the manufacturer with a reasonable number of repair attempts, the next step is often arbitration. Rather than immediately filing a lawsuit, most states require you to try resolving the matter informally. To do so, your attorney will help you gather evidence to support your claim and present it to an arbitration panel.
After reviewing the evidence from both sides, the panel will issue a ruling as to what compensation you deserve, if any. If you’re unhappy with the panel’s decision, you may file a lawsuit to bring your claim to the courts. However, with an experienced Lemon Law attorney in your corner, the manufacturer will almost certainly settle instead of going to trial.
In most states, the manufacturer is even required to pay your attorneys’ fees when you win your case. So, if you think you have a lemon, it’s in your best interest to seek professional representation. Doing so greatly increases your chances of a successful recovery. And as a bonus, the manufacturer who sold you the lemon will likely need to pay more for its mistake.
At Krohn & Moss, Ltd. Consumer Law Center®, more than 99% of the cases we handle settle before going to trial. And with more than 50,000 success stories to our name, we’re very confident in our abilities to get our clients the compensation they deserve.
Is There a Time Limit to Pursue a Lemon Law Claim?
Yes, Lemon Law claims are subject to statutes of limitation, like most laws. These differ wildly from state to state. But the Magnuson-Moss Warranty Act, which applies in all states, allows you to file a claim for up to four years after your warranty was breached. For vehicles, this generally means you have four years to file a claim after the first failed repair attempt.
What If My Vehicle Repair Record Shows No Problems?
When you purchase a vehicle from a dealer or take one in for repairs, there’s a trail of documentation that you never see. This includes everything from your customer copies and warranty payment documents to dealership bookkeeping and hard copies.
The hard copy, for example, contains the original notes made by the mechanic who inspected and/or signed off on your vehicle. In some instances, you will find the phrase “Could Not Duplicate Customer Concern” stamped on the customer copy, while the hard copy often contains notes made by the mechanic that clearly state the opposite.
Not only does this leave your vehicle in need of repairs, but it also sends you back out on the road with a potentially dangerous vehicle. By carefully sourcing and investigating all existing paperwork, our attorneys can detect whether or not any vehicle problems were noted upon acceptance. So even if your repair records show no problems, you may still have a case.
What Is a ‘Lemon’?
In the context of the Lemon Law, a lemon is a consumer vehicle with a defect that continues to exist after a “reasonable number of repair attempts.” The exact origin of the term is up for debate, but a Volkswagen ad from the 1960s cemented it into our vocabulary. One likely explanation for the term is that both lemon vehicles and the citrus fruits leave a sour taste in your mouth.
What Is a Reasonable Number of Repair Attempts?
Before a vehicle can be deemed a lemon, you must give the manufacturer a reasonable number of attempts to resolve the issue. Although every state’s laws vary, most provide manufacturers with at least 3 chances to do so. In some states, a single repair attempt may be sufficient to deem a car a lemon, especially if the defect affects the safety of the vehicle.
Most states also qualify vehicles as lemons if any number of repair attempts keep the vehicle out of service for a total of 30 days. However, those 30 days out of service must take place within a set time period, often the first 12, 18, or 24 months after the original purchase date. To find out how your state defines a “reasonable number of repair attempts,” visit the specific state page on our site.
What Does the Lemon Law Cover?
Lemon Laws cover vehicle “nonconformities,” which is a fancy way of saying “defects.” Practically all new vehicles come with a written warranty that acts as a promise from the manufacturer to repair vehicles that exhibit a defect in materials or workmanship. If the manufacturer, by and through its authorized dealers, fails to repair any such defective component as promised, the company will have broken the promise that the warranty obligates it to honor. Thus, the defective component would be considered a “nonconformity” and would likely be covered by the Lemon Law.
Most states’ lemon laws apply only to consumer vehicles with nonconformities that substantially impair the vehicle’s use, market value, or safety. But the Magnuson-Moss Warranty Act covers any consumer product that costs more than $10. Plus, this federal Lemon Law covers any warrantied defect, not just those that cause substantial impairment.
What Are Lemon Laws?
Lemon Laws hold manufacturers responsible for the defective vehicles they sell. In the U.S., every state has its own Lemon Law, and the Magnuson-Moss Warranty Act serves as a federal Lemon Law. Thanks to these laws, consumers who purchase a lemon can seek compensation, which amounts to a refund or replacement vehicle in many cases.
How Does a Car Qualify for Lemon Law Protections?
Although the Lemon Law differs from state to state, most use similar guidelines to determine which vehicles qualify. Typically, the vehicle must have a defect that substantially impairs its use, value, or safety. The defect must be reported to the manufacturer while the vehicle is still under warranty and must persist after a “reasonable number of repair attempts.”
To learn more about the specific Lemon Law in your state, click on the “Select Your State” dropdown menu at the top of this page. Or, visit our page dedicated to the Magnuson-Moss Warranty Act to learn more about the federal Lemon Law, which provides broader coverage than many of the state laws.
How Long Does a Lemon Law Case Take?
Every Lemon Law case is different. So, estimates as to their duration have a large margin of error. However, most cases are resolved in a matter of months rather than weeks or years. The consumer often determines how long the case will take because only they can decide whether or not to accept a settlement offer.
Do I Need a Lawyer for a Lemon Law Case?
While you may attempt to go it alone, most of our 50,000+ clients have told us that they’d hit brick walls attempting to resolve their lemon law case on their own. So, you’re far more likely to prevail with an experienced attorney representing you. Car companies rely on high-priced legal teams to avoid paying every claim they can. You can level the playing field with a lawyer of your own to assist with your claim, who will greatly increase your chances of success.
Plus, in most cases, you’ll never pay a penny out of pocket to hire a lawyer for a Lemon Law case. The federal Lemon Law, and most states’ lemon laws, include fee-shifting provisions to force the manufacturer to pay your attorneys’ fees when you win. And at Krohn & Moss, Ltd., we only charge for our services when we secure compensation for our clients.
With that in mind, there really is no compelling reason to pursue a Lemon Law claim without a lawyer. So, contact us today for a free case review to get started on your case!
Is the Lemon Law a Federal Law?
Yes and no. Lemon laws are a type of law rather than a specific statute, much like family law or contract law. In the U.S., every state has its own Lemon Law. And the Magnuson-Moss Warranty Act acts as a federal Lemon Law, protecting consumers nationwide. So yes, there is federal Lemon Law, but there are also lemon laws in each of the 50 states.
