Buying a car –should be exciting – but ongoing repair problems can quickly turn a new purchase into a headache. Lemon laws are designed to protect consumers who buy defective vehicles. Understanding how the lemon law works can help you determine whether you may be entitled to a refund or replacement.
What is the lemon law?
Lemon laws are consumer protection laws that provide options for people who buy vehicles that fail to meet quality or performance standards.
There is a federal lemon law, along with individual state rules. To review your state’s law, check out the Better Business Bureau’s overview of lemon laws in each state.
Lemon law requirements
Lemon law requirements vary by state, but federal law sets general standards that many states follow. In general, the problems with the vehicle must occur while the car is under warranty. It doesn’t have to be a new car warranty, however. It could be a more limited warranty that came with a used car.
Federal lemon law requirements
- The manufacturer has tried to repair the same problem “a reasonable number of times” (usually three or four, but that’s determined by the court) without success – or that you’ve had several different problems with the same car that make it unusable.
- Attempts to fix the problems happened within the first one or two years you owned the car.
- You’ve been unable to use the car due to repairs for at least 30 days (not necessarily consecutively).
Tips for filing a lemon law claim
- Only take your car to the dealership for repairs if you want to get results under a new or used car lemon law. If you take it to another mechanic, the manufacturer can’t be held responsible for the work.
- Keep detailed records of every repair. If the case goes to court, you’ll have to show that the manufacturer had plenty of chances to fix your car but could not. You’ll also need to prove how long your car wasn’t available to you due to the problems and attempted repairs.
- Consider hiring an attorney. Car manufacturers have teams of lawyers who know how to deal with lemon law claims. Having an attorney with lemon law experience in your corner can bring you peace of mind and, potentially, a better result. If you win the lemon law case, the defendant (usually the car manufacturer) is responsible for your attorney costs.
Arbitration and lemon law disputes
Some lemon law cases must go through arbitration before a lawsuit can be filed, depending on state law and the purchase agreement. That means that you agree to take any disputes to arbitration, which involves negotiating a settlement or agreement, instead of going to court.
Some states mandate the use of the Better Business Bureau Auto Line before you can file a lawsuit. In other states, you may have to use an arbitrator who’s been selected and hired by the manufacturer. Either way, having an experienced lemon law attorney on your side is a smart idea even if your case doesn’t end up in court.
Winning a lemon law case isn’t easy, but it’s possible. Learning as much as you can about the process, keeping careful records and working with an attorney will give you the best chance for success.