Lemon law claim

Lemon laws protect consumers who purchase or lease defective vehicles ("lemons") that cannot be repaired after a reasonable number of attempts. Every state has its own lemon law with different requirements, and there is also a federal law — the Magnuson-Moss Warranty Act — that provides additional protections.

52 steps across 12 sections

1. Document Everything

  • Keep all repair orders, work orders, and invoices
  • Note dates the vehicle was dropped off and picked up (to calculate days out of service)
  • Save all correspondence with the dealer and manufacturer
  • Keep a log of symptoms: when, where, how often, and how the defect manifests
  • Retain purchase/lease agreement and warranty documents

2. Allow Reasonable Repair Attempts

  • Return to an authorized dealer for each repair attempt
  • Clearly describe the same symptoms each time in writing
  • Request that the repair order specifically documents your complaint
  • Do not let the dealer dismiss or downplay the issue without documenting it

3. Notify the Manufacturer

  • Send a written demand letter via certified mail (return receipt requested) to the manufacturer's customer service or lemon law department
  • State the defect, the number of repair attempts, and the remedy you are seeking (replacement or refund)
  • Many states require this written notice before you can pursue further action
  • Keep a copy of the letter and the certified mail receipt

4. Participate in Arbitration (If Required)

  • Many manufacturers have certified arbitration programs (e.g., BBB AUTO LINE)
  • Some states require you to go through arbitration before filing a lawsuit
  • Arbitration is typically free to the consumer
  • The arbitrator's decision may be binding on the manufacturer but not on you (varies by state)
  • If you are unsatisfied with the arbitration result, you may still have the right to file a lawsuit

5. Consult a Lemon Law Attorney

  • Most lemon law attorneys offer free case evaluations
  • Under most state lemon laws and the Magnuson-Moss Act, the manufacturer pays your attorney's fees if you prevail
  • This means you typically pay nothing out of pocket for legal representation
  • An attorney can assess your case strength and navigate state-specific requirements

6. File a Lawsuit (If Necessary)

  • If arbitration fails or is not required, your attorney will file a civil lawsuit
  • Remedies typically include:
  • Replacement: A comparable new vehicle
  • Refund: Full purchase price minus a reasonable offset for use (based on mileage at first repair attempt)
  • Cash settlement: Negotiated amount
  • Under the Magnuson-Moss Act, you can also recover attorney's fees and court costs

7. What Counts as a "Substantial Defect"

  • Engine failure or persistent stalling
  • Transmission problems (slipping, grinding, failure to shift)
  • Brake system malfunctions
  • Electrical system failures
  • Steering defects
  • Persistent warning lights that cannot be resolved
  • Safety-related issues (airbag malfunctions, seatbelt issues)

8. What Typically Does NOT Qualify

  • Minor cosmetic defects (small scratches, paint chips)
  • Normal wear and tear items
  • Issues caused by owner modifications or misuse
  • Defects in aftermarket parts

9. Coverage

  • New vehicles only: Most state lemon laws cover only new vehicles purchased or leased with a manufacturer's warranty
  • Used vehicles: A few states (e.g., Connecticut, Massachusetts, Minnesota, New Jersey, New York, Rhode Island) have used-car lemon laws
  • Leased vehicles: Most states cover leased vehicles under their lemon law

10. Reasonable Repair Attempts (Common Thresholds)

  • 3—4 repair attempts for the same defect (most common threshold)
  • 1—2 attempts for a safety defect that could cause death or serious injury
  • 30 cumulative days out of service for repairs (regardless of the number of attempts)
  • Some states use a combination of these criteria

11. Time/Mileage Limits (Lemon Law Rights Period)

  • Typically first 12—24 months or 12,000—24,000 miles (whichever comes first)
  • California: 18 months or 18,000 miles
  • New York: 2 years or 18,000 miles
  • Some states use the full warranty period

12. Statute of Limitations for Filing

  • Varies from 1 to 6 years after the defect was discovered or should have been discovered
  • California: 4 years from discovery of the defect

Sources

Related Checklists