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If you have just purchased a defective vehicle, you have rights.
State lemon laws were created to protect consumers when they buy a defective vehicle. Usually, the lemon law lets consumers receive a refund or replacement from manufacturers for a defective new vehicle that is not repaired after a reasonable number of attempts.
The law varies by state, but usually auto dealers are required to provide a refund or replacement after one of the following:
- Four tries to repair your car
- A safety defect is not addressed after two repair tries
- The car is not working for thirty days
-The car is not working within the first 12-18,000 miles or 12-24 months.
In addition to state lemon laws, the Uniform Commercial Code (UCC) allows consumers to get a refund or replacement of a lemon vehicle. However, the UCC law does not detail what a lemon vehicle is. It is up to a court to decide if an individual should be allowed to receive a refund or a replacement car.
Practical Steps
- Keep all repair records and detailed notes: Make sure you keep track of the number of times you have tried to repair your vehicle. Include the date, a description of problems before repair, and a list of issues after your vehicle is returned to you. Also, keep detailed, written notes of any conversations (phone calls and in-person) that you have with your dealership or repair technicians about your car and its “lemon” status.
- Find out your state’s notice requirement: You must follow your state’s notice requirement before you are eligible for a refund or replacement. (Click here for state laws)
- Expect to pay a small fee: When you ask the manufacturer for a refund or replacement, you may have to pay a small fee for use of the car but it should not be more than the mileage of the first repair attempt.
- If necessary, refer to an attorney: Your technician or dealer may tell you that your problem is minor; however, only a licensed attorney can make that call.
National Lemon Law Center
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