Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
A new car that spends more time in the shop than on the road isn't just frustrating - it may be a "lemon" entitled to a buyback or replacement. Every state has lemon laws protecting new car buyers, and some cover used vehicles too. The Federal Trade Commission provides guidance on vehicle warranties and lemon law protections. Here's how to exercise your rights.
Attorney Fees Covered: Most lemon laws require manufacturers to pay your attorney fees if you win. This means you can often get representation at no out-of-pocket cost.
What Qualifies as a Lemon
Basic Requirements
- Substantial defect covered by warranty
- Defect impairs use, value, or safety
- Reasonable number of repair attempts
- Defect not caused by abuse or neglect
Repair Attempt Standards (Vary by State)
- 3-4 repair attempts for same defect
- 1-2 attempts for serious safety defect
- 30+ cumulative days out of service
- Some states use combination
What Counts as a Defect
- Engine or transmission problems
- Electrical system failures
- Brake or steering issues
- HVAC malfunctions
- Water leaks
- Computer/software problems
Time Limits Apply: Most lemon laws only apply within the first 1-2 years or 12,000-24,000 miles. Document problems immediately - don't wait for it to "get worse."
State vs. Federal Lemon Laws
State Lemon Laws
- All 50 states have new car lemon laws
- Requirements vary significantly
- Some include used cars and leases
- Often stronger than federal law
Federal Magnuson-Moss Act
- Applies to any warranted consumer product
- Covers cars when state law doesn't
- Allows attorney fee recovery
- No specific repair attempt number
State-Specific Highlights
- California: Strong protections, 4 repairs or 30 days
- New York: Covers used cars under warranty
- Texas: 4 repairs or 30 days in first 24 months
- Florida: 3 repairs or 15+ days for safety defect
The Lemon Law Process
Step 1: Document Everything
- Keep all repair orders
- Note dates vehicle was in shop
- Describe problems in your own words
- Take photos/videos of issues
- Keep mileage records
Step 2: Continue Repair Attempts
- Always report problems in writing
- Give dealer chance to fix
- Request manufacturer assistance
- Don't give up too early
Step 3: Send Written Notice
- Some states require formal notice
- Describe defect and repair history
- Reference lemon law
- Demand buyback or replacement
- Send certified mail
Step 4: Arbitration or Litigation
- Some states require manufacturer arbitration first
- BBB Auto Line is common
- Can reject arbitration decision (usually)
- File lawsuit if unresolved
Don't Accept Less: Manufacturers often offer settlements below what you're entitled to. Consult a lemon law attorney before accepting any offer - their fees come from the manufacturer.
What You Can Get
Refund (Buyback)
- Full purchase price or lease payments
- Down payment and trade-in value
- Registration and taxes
- Finance charges
- Minus reasonable use offset
Replacement Vehicle
- Same make and model (if available)
- Comparable vehicle if not available
- No additional cost to you
Use Offset Calculation
- Miles driven before first repair attempt
- Formula varies by state
- Typically: (Miles at first repair ÷ 120,000) × purchase price
- Some states cap the offset
Used Car Lemon Laws
States with Used Car Protection
- New York, Massachusetts, Connecticut
- Minnesota, New Jersey, Rhode Island
- May require dealer warranties
- Often limited to recent models/low mileage
Certified Pre-Owned Vehicles
- Manufacturer warranty may trigger lemon law
- Magnuson-Moss still applies
- CPO program terms matter
When No Lemon Law Applies
- Implied warranty claims
- Fraud or misrepresentation claims
- General breach of warranty
- State consumer protection acts
"As Is" Doesn't Always Protect Dealers: Some states don't allow "as is" sales of used cars, or require specific disclosures. Even with "as is," fraud claims may still apply.
Common Manufacturer Tactics
Stalling
- Claiming they need "one more try"
- Saying problem is "normal"
- Blaming driver behavior
- Waiting out warranty period
Lowball Offers
- Offering partial refund
- Excessive use deduction
- Not including all costs
- Requiring confidentiality
Denial Tactics
- Claiming no defect found
- Blaming aftermarket parts
- Saying repairs were successful
- Disputing number of attempts
Finding a Lemon Law Attorney
Why Use an Attorney
- Manufacturer pays their fees if you win
- Know the law and process
- Better settlement outcomes
- Handle all paperwork
What to Look For
- Specializes in lemon law
- Contingency fee (no upfront cost)
- Experience with your car's manufacturer
- Good reviews from past clients
Questions to Ask
- How many lemon cases have you handled?
- What's your success rate?
- Will I owe anything if we lose?
- How long does the process take?
Prevention Tips
Before Buying
- Research reliability ratings
- Check for recalls and TSBs
- Get pre-purchase inspection (used)
- Review warranty terms
After Purchase
- Report problems immediately
- Always get written repair orders
- Keep copies of everything
- Follow up in writing
Start Your Lemon Law Claim
Generate a demand letter for vehicle buyback or replacement.
Create Your Letter